HomeMy WebLinkAboutORC agenda 090617
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, September 6, 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.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 2 - 18 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - JORDAN
LAKE NUTRIENT RULES - To review government-initiated amendments to
the text of the UDO pertaining to Jordan Lake Nutrient Rules.
Presenter: Allison Reinert, Staff Engineer
3. 19 - 110
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – FLOOD
REGULATIONS - To review government-initiated amendments to the text
of the UDO pertaining to flood regulations.
Presenter: Michael Harvey, Current Planning Supervisor
4. ADJOURNMENT
1
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2017
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Amendment Outline and Schedule –
Jordan Lake Nutrient Rules
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1.Unified Development Ordinance (UDO)
Amendment Outline Form
2. Draft UDO Text Amendments
INFORMATION CONTACT:
Allison Reinert, PE, Staff Engineer,
(919) 245-2583
Craig Benedict, Planning Director,
(919) 245-2575
PURPOSE: To review and comment on proposed UDO text amendments related to the Jordan
Lake Nutrient Rules.
BACKGROUND: Orange County’s UDO currently regulates erosion & sedimentation control for
non-farm land disturbing activity, as well as stormwater runoff from new development, under the
general oversight of the North Carolina Department of Environmental Quality (DEQ). The
DEQ’s Division of Energy, Mineral and Land Resources (DEMLR) staff members provide
Orange County Engineering/Stormwater Division with regulatory oversight and technical
assistance related to erosion and sedimentation control and stormwater management.
This proposed text amendment to Orange County’s UDO seeks to bring the County’s UDO into
alignment with current DEQ regulatory requirements related to the Jordan Lake Rules. The
Jordan Lake Rules are a nutrient strategy designed to restore water quality in Jordan Lake by
reducing the amount of pollution (nutrients) entering upstream. The Jordan Lake rules became
effective August 11, 2009 with timelines related to implementation and Orange County adopted
amendments into the UDO in 2012. Subsequently, the Jordan Lake rules were modified and
delayed for implementation in later Session Laws. Due to the delay of implementation of the
nutrient rules for Jordan Lake, the UDO cannot continue to require enforcement of the rules in
Orange County’s UDO.
Attachment 1 contains additional information and analysis regarding the proposed amendment.
Attachment 2 contains the draft UDO text amendments.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional
funding for the provision of County services. Costs for the required legal advertisement for the
text amendment will be paid from FY2017-18. Departmental funds budgeted for this purpose.
2
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process this amendment.
RECOMMENDATION(S): The Planning staff recommends the ORC review and comment upon
the proposed amendments to the UDO.
3
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2017-04
Jordan Lake Nutrient Rules
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): 1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
6.14: Stormwater Management (Development Standards)
Other:
B. RATIONALE
1. Purpose/Mission
The purpose of this amendment is to remove the Jordan Lake nutrient load rules and
all references related to Jordan Lake stormwater quality, in accordance with current
State rules. Jordan Lake stormwater quantity rules shall still be applicable as
amended.
Attachment 1
4
Form Revised 09-29-16
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 order to bring the UDO into conformity with current state regulations concerning
the water quality of stormwater within the Jordan Lake watershed, the Planning
Director is proposing to initiate a text amendment to the stormwater management
rules. The amendment proposes to:
• Remove the Jordan Lake Watershed nutrient load rules and associated references.
• Provide the Jordan Lake Watershed stormwater peak flow to trigger review for new
development by pre-development and post-development peak flow analysis by the
10% Rule.
Currently there are other nutrient rules in place in the UDO for other watersheds in
Orange County (i.e. Falls Lake Watershed) which shall continue to be enforced in
accordance with State regulations and recommendations.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 6: Natural and Cultural Systems Elements
Natural and Cultural Systems Goal 6: Sustainable quality and quantity of
ground and surface water resources.
4. New Statutes and Rules
The Jordan Lake rules became effective August 11, 2009 and Orange County
adopted amendments into the UDO in 2012; subsequently, the Jordan Lake rules
were modified and delayed for implementation in later Session Laws (2013-395).
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2017
b. Quarterly Public Hearing
November 2017
c. BOCC Updates/Checkpoints
September 6 – Ordinance Review Committee (receive materials)
5
Form Revised 09-29-16
October 4 – Planning Board Recommendation (receive materials)
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:
September 6 – Ordinance Review Committee
October 4 – Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
Town of Chapel Hill
Town of Carrboro
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
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 the FY2017-18 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
September 7, 2017
To be determined prior to Planning Board Review
Summer 2017 – Review by appropriate staff at the North Carolina Department of
Environmental Quality has been completed
General Public:
Small Area Plan Workgroup:
Other:
6
Form Revised 09-29-16
This amendment will remove the nutrient load requirements on stormwaters within the
Jordan Lake Watershed.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2.
Primary Staff Contact:
Allison Reinert, PE
Planning Department
919-245-2583
areinert@orangecountync.gov
7
Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-3
(B) The enforcement, interpretation, and application of the standards contained herein shall
be consistent with the goals and policies of the Comprehensive Plan and shall not create
a situation that is inconsistent with the goals and policies contained therein.
1.1.8 Regulation of Farming and Bona Fide Farm Activities
The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not
apply to property used for bona fide farm purposes, as defined within North Carolina General
Statutes, except as follows:
(A) Any non-farm use of farm property,
(B) Compliance with all regulations required to be imposed by the Federal Emergency
Management Agency (FEMA) through the National Flood Insurance Program including all
applicable Flood Insurance Rate Maps (FIRM), and
(C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning District
as detailed within this Ordinance.
1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
(A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law,
the more restrictive provision governs, to the extent permitted by law. The more
restrictive provision is the one that imposes greater restrictions or more stringent controls.
(B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in
other adopted ordinances or regulations of the County, the more restrictive provision
governs. The more restrictive provision is the one that imposes greater restrictions or
more stringent controls.
(C) In accordance with this Ordinance, a property owner may be required to record deed
restrictions, covenants, or other legal documentation outlining development limitations or
imposing regulatory standards on the perpetual development and/or use of property.
While the County may require such legal documents to be recorded as part of the normal
development review process, the County has no enforcement authority over private
covenants or deed restrictions that are not based on development limitations imposed by
this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any
easement, covenant, deed restriction or other agreement between private parties.
Orange County does not enforce private agreements.
(D) Town of Chapel Hill Land Development Standards: The regulations governing the use of
land and structures as contained in the Town of Chapel Hill Land Development
Ordinance are hereby adopted by reference as fully as though set forth herein. The
regulations shall be applicable to that portion of the Transition Area located within the
Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning
Area Land Use Plan and the adopted Joint Planning Area Land Use Map.
(E) Town of Carrboro Land Development Standards: The regulations governing the use of
land and structures as contained in the Town of Carrboro Land Use Ordinance are
hereby adopted by reference as fully as though set forth herein. The regulations shall be
applicable to that portion of the Transition Area located within the Carrboro Joint
Development Review Area as prescribed in the adopted Joint Planning Area Land Use
Plan and the adopted Joint Planning Area Land Use Map.
(F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules
(Jordan Lake Rules) of 15A NCAC 02B .0265, .0267 and .0268, Section 3.(d) of Session
Law 2009-216, and Section 6.(g) of Session Law 2009-216, found in Section 7.(b) of
Session Law 2009-484 apply to all lands within the Jordan Lake Watershed portion of
Orange County. Wherever standards of the Jordan Lake Rules and the standards listed
in this ordinance differ, the more restrictive provisions shall apply.1
1 Removed because of delay of implementation and codification of Jordan Lake Nutrient Rules
8
Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-4
(G)(F) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the
riparian buffer protection rules (Neuse Rules) of 15ANCAC 02B .0235, .0240, .0233,
.0241, and .0242 apply to all lands within the Neuse River Basin portion of Orange
County. Wherever standards of the Neuse Rules and the standards listed in this
ordinance differ, the more restrictive provisions shall apply.
(H)(G) The Falls Reservoir Water Supply Nutrient Strategy: Stormwater Management for New
Development Rule of 15A NCAC 02B .0277 applies to all lands within the Falls Lake
Watershed portion of Orange County, except where standards in this Ordinance are more
restrictive.
(I) The Jordan Water Supply Nutrient Strategy: Stormwater Management for New
Development Rule of 15A NCAC 02B .0265 applies to all lands within the Jordan Lake
Watershed portion of Orange County, except where standards in this Ordinance are more
restrictive.2
1.1.10 Coordination with Other Regulations
All references contained within the Ordinance to other municipal, county, state, or federal
regulations are for informational purposes only and do not constitute a complete list of such
regulations. These references do not imply that the county is responsible for enforcing municipal,
state, or federal regulations.
1.1.11 Delegation of Authority
Provisions of this Ordinance requiring an officer, employee, board or commission to perform an
act or duty, shall be interpreted as authorizing the referenced officer, employee, board or
commission to delegate that responsibility to others over whom they have authority.
1.1.12 Headings and Illustrations
Headings and illustrations contained herein are provided for convenience and reference only and
do not define or limit the scope of any provision of this Ordinance. In case of any difference of
meaning or implication between the text of this Ordinance and any heading, drawing, table,
figure, or illustration, the text controls.
1.1.13 Tenses, Usage, and Conjunctions
(A) Tenses and Usage
(1) Words used in the singular include the plural. The reverse is also true.
(2) Words used in the present tense include the future tense. The reverse is also
true.
(3) The words: ‘must’, ‘will’, ‘shall’, ‘may not’, ‘will not’, and shall not’ are mandatory.
(4) The word ‘may’ is permissive.
(5) The word ‘should’ is advisory, not mandatory.
(6) When used with numbers, ‘up to X’, ‘not more than X’, and ‘a maximum of X’ all
include that specified number.
(B) Conjunctions
(1) Unless the context clearly indicates otherwise, conjunctions have the
following meanings:
(a) ‘And’ indicates that all connected items or provisions apply; and
(b) ‘Or’ indicates that the connected items or provisions may apply singularly
or in combination.
2Removed because of delay of implementation and codification of Jordan Lake Nutrient Rules
9
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-103
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(2) Jordan Lake Watershed
(a) Any activity that cumulatively disturbs greater than one acre of land in
order to establish, expand or modify a single family or duplex residential
development or a recreational facility.
(b) Any activity that cumulatively disturbs greater than one-half an acre of
land in order to establish, expand, or modify a multifamily residential
development or a commercial, industrial or institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
development or sale and the larger common plan exceeds the above
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(B) New development shall not include agriculture, mining, or forestry activities, as defined by
North Carolina General Statutes.
6.14.6 Review Criteria
(A) New development within the Orange County planning jurisdiction must comply with the
following:
(1) All New Development3:
(1)(a) Riparian areas must be protected and maintained in compliance with this
Ordinance,
(2)(b) Nutrient load contribution must meet the standards listed in Section
6.14.7 as required by the North Carolina Division Department of Water
Environmental Quality (NC DEQDWQ)4,
(c) Stormwater systems shall be designed to control and treat, at a
minimum, the stormwater runoff generated by one inch of rainfall from all
project area surfaces. The treatment volume shall be drawn down
pursuant to standards specific to each practice as determined by the
current version of the NC DEQ stormwater design manual.
(d) New development that would exceed the nutrient loading rates set out in
subsection (A)(2) above, shall include engineered stormwater controls
designed to have a Primary and/or Secondary Stormwater Control
Measure (SCM) per NC DEQ requirements.5
(e) Proposed new development may satisfy the review criteria standards of
this section by meeting the post-development hydrologic criteria set out
in the most recent version of the North Carolina Low Impact
Development Guidebook.
(2) Falls Lake Watershed
(3)(a) No net increase in peak flow leaving the site from the predevelopment
conditions for the 1-year, 24-hour storm 6,.
3 Section has been reorganized per James Bryan’s request to be split into 3 sub sections – (1) all new development,
(2) Falls Lake watershed development, and (3) Jordan lake watershed development
4 Changed to reflect North Carolina Department of Environmental Quality – name change(Also applies to
subsequent pages)
5 Nomenclature change as codified in 15A NCAC 02H .1002 (37) and 15A NCAC 02H .1002 (46)
6 Clarification because of changes to the Jordan Lake Watershed quantity requirements
10
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-104
(3) Jordan Lake Watershed
(a) The 10% rule, pursuant to15 A NCAC 02H.1002 (44). The 10% rule
allows for a 10% or less increase in peak stormwater runoff between pre-
development and post development conditions for the site for the design
storm. 7
(4) Stormwater systems shall be designed to control and treat, at a minimum, the
stormwater runoff generated by one inch of rainfall from all project area surfaces.
The treatment volume shall be drawn down pursuant to standards specific to
each practice as determined by the current version of the NC DWQ stormwater
design manual.
(B) New development that would exceed the nutrient loading rates set out in subsection (A)(2) above,
shall include engineered stormwater controls designed to have a minimum of 85% average annual
removal for Total Suspended Solids (TSS).
(C) Proposed new development may satisfy the review criteria standards of this section by
meeting the post-development hydrologic criteria set out in Chapter 2 of the most recent
version of the North Carolina Low Impact Development Guidebook.
6.14.7 Nutrient Load
(A) Nitrogen and phosphorus loads contributed by proposed new development shall not
exceed the following unit-area mass loading rates:
(1) Falls Lake Watershed
(a) Nitrogen, 2.2 pounds per acre per year
(b) Phosphorus, 0.33 pounds per acre per year
(2) Jordan Lake Watershed8
(a) Upper New Hope Creek Arm
(i) Nitrogen, 2.2 pounds per acre per year
(ii) Phosphorus, 0.82 pounds per acre per year
(b) Haw River Arm
(i) Nitrogen, 3.8 pounds per acre per year
(ii) Phosphorus, 1.43 pounds per acre per year
(B) The nutrient export from each new development shall be calculated in pounds per acre
per year (using the approved accounting tool) in accordance with the methodologies
approved by the NC DWQDEQ9.
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install structural stormwater
7 This is to clarify what applies to the Jordan Lake watershed since the Falls Lake Watershed was specifically called
out in 6.14.6(A)3
8 In order to ensure consistency with State regulations, staff is recommending the elimination of existing
regulations designed to address water quality issues within the Jordan Lake watershed. While staff can address
water quantity issues (i.e. how much run off has to be captured on-site) through the County we are currently
limited to addressing water quality issues (i.e. nutrient removal) within the Falls Lake Watershed only.
9 Changed to reflect North Carolina Department of Environmental Quality – name change
11
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-105
BMPsstormwater control measures (SCMs) to meet the required nutrient load standards
or do a combination of BMPs SCMs and offset payments to achieve the standard. 10
(D) Offset Payments
(1) Offset fees may be permitted to meet the nutrient export levels set for new
development. In order to utilize offset fees, the proposed new development
subject to the nutrient load standards must attain nitrogen and phosphorus
loading rate reductions on-site that meet the following criteria prior to using an
offsite offset measure:
(a) Falls Lake Watershed
(i) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing one half acre but less
than one acre;
(ii) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing more than one acre;
(iii) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing 12,000 square feet but less than one acre;
(iv) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing more than one acre;
(v) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for proposed redevelopment
activities in a designated downtown area that would replace or
expand structures or improvements that existed as of December
2006.
(b) Jordan Lake Watershed11
(i) Six pounds per acre per year nitrogen for single-family, detached
and duplex residential development.
(ii) Ten pounds per acre per year nitrogen for other development
including commercial, industrial, and multi-family residential.
(2) Offset fees may be paid to the North Carolina Ecosystem Enhancement Program
(NCEEP), approved private mitigation bank, or other mitigation option as
approved by the NC DWQ DEQ and Orange County. It is the policy of NC DWQ
DEQ and Orange County, as well as a requirement in certain watersheds, that
offset payment funds be utilized where they are generated to the maximum
extent possible.
(3) Offset payment fees and calculation methods are determined by the NC DWQ
DEQ as approved by the North Carolina Environmental Management
Commission (EMC). The total amount of offset payment will be determined
based on current NC DWQ DEQ policy and regulation on a case by case basis.
10 BMP is no longer the terminology used – per 15A NCAC 02H.1050 the current terminology is stormwater control
measures (SCMs) (also applies to subsequent pages)
11 Eliminating language associated with the enforcement of water quality standards in the Jordan Lake Watershed
consistent with applicable provisions of State law.
12
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-106
(E) Permanent Nutrient Export Reduction Best Management PracticesStormwater
Control Measures
(1) Allowable on-site structural stormwater BMPsSCMs for nutrient reduction shall
include those listed in the current NC DWQ DEQ Stormwater Best Management
Practices ManualDesign Manual (Stormwater BMP ManualMinimum Design
Criteria)12 or others approved on a case by case basis.
(2) Design, maintenance and operation of stormwater BMPsSCMs shall follow
standards provided in the Stormwater BMP ManualDesign Manual.13
(3) Deviations from these standards may be allowed as approved on a case by case
basis.
(F) Total Nutrient Removal Rates
Total nutrient removal rates of stormwater BMPsSCMs and BMPs SCMs in a series will
be calculated pursuant to the approved accounting tool.
6.14.8 Peak Runoff Volume
(A) Standard
(1) Falls Lake Watershed
(a) For all new development, there shall be no net increase 14 in peak flow
leaving the site from the predevelopment conditions for the 1 year, 24
hour storm for the Falls Lake Watershed.15
(2) Jordan Lake Watershed
(a) For all new development there shall be no net increase greater than 10%
in peak flow leaving the site from the predevelopment conditions for the
Jordan Lake Watershed.16
(B) Calculating Peak Runoff Volume
(1) The following are acceptable methodologies for computing the pre- and post-
development conditions for the 1 year, 24 hour storm:
(a) Rational Method,
(b) Peak Discharge Method as described in the USDA Soil Conservation
Service’s Technical Release Number 55 (TR-55),
(c) Alternative methods must be approved by the County.
(2) The same method must be used for both the pre- and post- development
conditions.
12 New Stormwater Design Manual is compatible with the new Minimum Design Criteria that are codified in the
new stormwater rules (15A NCAC 02H) which went into effect on January 1, 2017
13 New Stormwater Design Manual is compatible with the new Minimum Design Criteria that are codified in the
new stormwater rules (15A NCAC 02H) which went into effect on January 1, 2017
14 The ten percent rule, as noted in 15 A NCAC 02H.1002 (44) and approved of in the NCDEQ Stormwater Design
Manual revised on April 3, 2017, addresses the quantity assessment that is required for pre- and post-
development analysis to ensure that detention ponds maintain pre-development peak flows through downstream
conveyance systems. This is a clarification for the Jordan Lake Watershed
15 Clarification for the Falls Lake Watershed
16 The ten percent rule, as noted in 15 A NCAC 02H.1002 (44) and approved of in the NCDEQ Stormwater Design
Manual revised on April 3, 2017, addresses the quantity assessment that is required for pre- and post-
development analysis to ensure that detention ponds maintain pre-development peak flows through downstream
conveyance systems. This is a clarification for the Jordan Lake Watershed
13
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-107
6.14.9 Stormwater Management Plan
(A) Required Approval
The Erosion Control Officer shall not issue any permits for new development on any land
within Orange County subject to the provisions of this Section, unless and until a
Stormwater Management Plan has been reviewed and approved in accordance with
Section 2.21.1 of this Ordinance.
(B) Compliance with Requirements
Any person engaged in new development activities as defined by this Section who fails to
file a plan in accordance with this Ordinance, or who conducts any new development
except in accordance with provisions of an approved Stormwater Management plan shall
be deemed in violation of this Ordinance.
(C) Enforceable Restriction
Approval of the Stormwater Management plan shall require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or protective
covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved Stormwater Management plan.
6.14.10 Operation and Maintenance of Structural Stormwater Measures
(A) Posting of Financial Security
All stormwater control structures shall be conditioned on the posting of adequate financial
assurance for the purpose of maintenance, repairs or reconstruction necessary for
adequate performance. Financial assurance shall be in the form of one of the following:
(1) Security for Construction of Required Improvements
(a) The permit applicant shall provide one of the following as surety for the
completion of required improvements:
(i) A performance bond from a surety bonding company authorized
to do business in North Carolina,
(ii) An irrevocable letter of credit or other instrument readily
convertible into cash at face value payable to Orange County or
(iii) Cash placed in escrow with a financial institution designated as
an official depository of Orange County.
(b) The bond or other instrument shall be in an amount equal to 1.25 times
the total cost of the stormwater control structure, as estimated by the
applicant and approved by the County Engineer.
(i) Total Cost
a. The total cost of the stormwater control structure shall
include the following:
i. The value of all materials such as piping and
other structures;
ii. Seeding and soil stabilization;
iii. Design and engineering; and,
iv. Grading, excavation, fill, etc.
b. The costs of the stormwater control structure shall not be
prorated as part of a larger project, but shall be costed
as a separate project.
(c) Failure to Perform
14
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-108
(i) Upon default of the permit applicant to complete and/or maintain
the stormwater control structure as spelled out in the
performance bond or other security, the County may obtain and
use all or any portion of the funds necessary to complete the
improvements based on an engineering estimate.
(ii) The Board shall return any funds not spent in completing the
improvements to the owning entity.
(2) Security for Maintenance of Required Improvements
(a) The permit applicant shall deposit with Orange County either cash or
other instrument approved by the County Attorney that is readily
convertible into cash at face value.
(b) The cash or security shall be in an amount equal to 15% of the total cost
of the stormwater control structure or the estimated cost of maintaining
the stormwater control structure over a ten year period, whichever is
greater.
(i) Estimated Maintenance Costs
a. The estimated cost of maintaining the stormwater
structure shall be consistent with the approved operation
and maintenance plan or manual provided by the
developer under Section 6.14.10(B)(2).
b. The amount shall be computed by estimating the
maintenance cost for 25 years and multiplying this
amount by two-fifths or 0.4.
(c) Failure to Perform
(i) Upon default of the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in
accordance with the Operation and Maintenance Agreement, the
County shall obtain and use all or any portion of the cash
security to make necessary improvements based on an
engineering estimate.
(ii) Such expenditures of funds shall only be made after exhausting
all other reasonable remedies seeking the owning entity to
comply with the terms and conditions of the Operations and
Maintenance Agreement.
(iii) The County shall not return any of the deposited cash funds.
(B) Maintenance and Upkeep
(1) Operation and Maintenance Agreement
(a) The permit applicant shall enter into a binding Operation and
Maintenance Agreement between Orange County and all interests in the
development.
(b) The agreement must include the following:
(i) Name and address of the person or organization financially
responsible for paying the annual inspection fee;
(ii) Name(s) and address(es) of all parties to whom a copy of the
annual inspection report should go;
(iii) Name and address of the person or organization financially
responsible for all maintenance specified in the annual
inspection report; and
(iv) Emergency contact information.
15
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-109
(c) The Agreement shall require the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in accordance
with the operation and management plan or manual prepared by the
developer.
(d) The Operations and Maintenance Agreement shall be signed and
notarized and filed with the Orange County Register of Deeds.
(e) In residential subdivisions where a Homeowner’s Association will be
assuming responsibility for all permanent structural stormwater
measures, a signed and notarized Homeowner’s Association Notification
will be required, and a revised maintenance agreement must be
submitted. This must be given to the Orange County Planning
Department before the Land Disturbing Permit may be closed, and any
construction bond held on the permanent structural stormwater
measures may be released.
(f) The owner of each stormwater BMP SCM, whether engineered
stormwater control or non-engineered stormwater control, shall maintain
it so as not to create or result in a nuisance condition.
(g) Every engineered stormwater control installed pursuant to this Ordinance
shall be made accessible for adequate maintenance and repair by a
maintenance easement. The easement shall be recorded and its terms
shall specify who make use of the easement and for what purposes.
(h) The owner of each engineered stormwater control shall keep records of
inspections, maintenances, and repairs and shall submit the same upon
reasonable request to the Erosion Control Officer.
(2) Operation and Maintenance Plan
(a) An operation and maintenance plan or manual shall be provided by the
developer for each stormwater control structure, indicating the following:
(i) What operation and maintenance actions are needed,
(ii) What specific quantitative criteria will be used for determining
when those actions are to be taken, and
(iii) Who is responsible for those actions, consistent with the
Operations and Maintenance Agreement.
(b) The standard maintenance plan shall specifically address, but is not
limited to:
(i) Any mowing of permanent vegetation,
(ii) Any removal of bushes and trees from the dam of a wet
detention pond,
(iii) Reseeding of any eroding areas of the wet detention ponds,
open channel practices, riparian buffers, and vegetated filter
strips,
(iv) Replacing of impaired vegetation in a constructed wetlands or
riparian buffer,
(v) Removal of debris from the ‘trash rack’ on any wet detention
pond or sand filter, and
(vi) Repair of any damage to structural aspects of wet detention
ponds, constructed wetlands, level spreaders, and sand filters.
(c) The Plan shall clearly indicate the steps that will be taken for restoring a
stormwater control structure to its design specifications if a failure
occurs.
16
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-110
(3) Landscaping and Grounds Maintenance
(a) Landscaping and grounds maintenance shall be the responsibility of the
owning entity.
(b) Vegetation shall not be established or allowed to mature to the extent
that the integrity of the control structure is diminished or threatened, or to
the extent of interfering with any easement or access to the stormwater
structure.
(4) Repair or Reconstruction
(a) Except for general landscaping and grounds maintenance, the owning
entity shall notify the County prior to any repair or reconstruction of the
stormwater structure.
(b) After notification by the owning entity, the Erosion Control Officer shall
inform the owning entity of any required additions, changes or
modifications and of the time period to complete said improvements.
(c) All improvements shall be made consistent with the approved plans and
specifications of the stormwater control structure and the operations and
maintenance plan or manual.
(C) Inspections and Release of Sureties
(1) County Inspection and Review
(a) The stormwater control structure shall be inspected by the Erosion
Control Officer, after the owning entity notifies him/her that all work has
been completed. At this inspection, the owning entity shall provide:
(i) The signed deed, related easements and survey plat for the
stormwater control structure ready for filing with the Orange
County Register of Deeds; and
(ii) A certification sealed by an engineer or landscape architect (to
the extent that the General Statute, Chapter 89A, allow) stating
that the detention pond is complete and consistent with the plans
and specifications.
(b) If the project passes inspection and the Erosion Control Officer accepts
the certification, deed and easements, he/she shall file the deed and
easements with the Orange County Register of Deeds, release up to
75% of the value of the performance bond or other security and issue a
Watershed Protection Compliance Permit for the stormwater control
structure.
(c) If deficiencies are found, the Erosion Control Officer shall direct that the
necessary improvements be made and/or documents corrected and
resubmitted for approval. Upon completion, the improvements shall be
re-inspected.
(2) Watershed Protection Compliance Permit Required Prior to Occupancy
No Building Permit or Certificate of Occupancy may be issued in the absence of
a valid Watershed Protection Compliance Permit.
(3) Release of Remaining Security
(a) No sooner than one year after the filing date of the deed, easements and
maintenance agreement, the developer may petition the Board of County
Commissioners to release the remaining value of the performance bond
or other security.
17
Article 6: Development Standards
Section 6.14: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 6-111
(b) Upon receipt of said petition, the Erosion Control Officer shall inspect the
stormwater control structure to determine whether the controls are
performing as designed and intended.
(c) The Erosion Control Officer shall present the petition, inspection report
and recommendations to the Board of County Commissioners.
(d) Board of County Commissioners Review
(i) If the Board of County Commissioners approves the report and
accepts the petition, the developer shall deposit with Orange
County a cash amount equal to that described in Section
6.14.10(C)(5), after which, the Board of County Commissioners
shall release the performance bond or other security.
(ii) If the Board of County Commissioners does not accept the report
and rejects the petition, it shall provide the developer with
instructions to correct any deficiencies and all steps necessary
for the release of the performance bond or other security.
(4) Annual Inspection Required
(a) All stormwater structures shall be inspected by the owning entity at least
on an annual basis to determine whether the controls are performing as
designed and intended.
(b) Records of inspections shall be submitted annually to the Erosion
Control Officer on forms approved by Orange County.
(c) Annual inspections shall begin within one year of the filing date of the
deed for the stormwater control structure.
(d) The Erosion Control Officer will inspect each stormwater BMP SCM
approved pursuant to these rules approximately every five years. In the
event the Erosion Control Officer discovers the need for corrective action
of improvements, he/she shall notify the owning entity of the needed
improvements and the date by which the corrective action is to be
completed. All improvements shall be made consistent with the plans
and specification of the stormwater control structure and the operation
and maintenance plan or manual. After notification by the owning entity,
the Erosion Control Officer shall inspect and approve the completed
improvements.
(5) Annual Maintenance Inspection Fee
(a) The Fee for the first year shall be paid before:
(i) The release of any Final Certificate of Occupancy for Non-
Residential Properties.
(ii) The release of the construction bond for Residential or Non-
Residential Properties.
(b) The fee shall be based upon the current Orange County Planning Fee
Schedule, and shall be paid to Orange County following each annual
inspection.
(c) Failure to pay the Annual Maintenance Inspection Fee shall be deemed
a violation of this Ordinance.
6.14.11 Amendments to Approved Plans and Specifications
(A) Minor Amendments to Plans and Specifications
18
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2017
Action Agenda
Item No. 3
SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Flood
Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay District
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2017-03
2. Draft UDO Text Amendments
3. Annual Outreach Letter on Flood Issues
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon government-initiated Unified Development Ordinance
(UDO) and Zoning Atlas amendments updating existing flood damage prevention regulations
and eliminating the Special Flood Hazard Area (SFHA) Overlay District.
BACKGROUND: Orange County has been a member of the National Flood Insurance Program
(NFIP) since approximately 1976.
The NFIP offers flood insurance to homeowners, renters, and business owners if their
community participates, specifically through the adoption and enforcement of regulations
designed to mitigate/reduce flood risk, in the program including adoption of flood maps denoting
areas where flooding is a possibility. Through the enforcement of flood damage prevention
regulations, the County requires incorporation of design standards (i.e. elevation of structures
and utilities, installation of flood vents, prohibition of specific activities, etc.) in an effort to reduce
the risk of loss during a flood. For more background information please refer to Attachment 1.
Recent changes by the Federal government in flood damage prevention standards, including
development of new flood maps, require the County to modify existing regulation(s) in order to
continue to be eligible for participation within the NFIP. A copy of the draft UDO amendment
package is contained in Attachment 2.
It should be remembered that on direction from the County’s Attorney in 2007, staff incorporated
available flood mapping data onto the County Zoning Atlas creating the Special Flood Hazard
Area (SFHA) overlay district. As there are modifications/updates to FEMA flood map data, the
County is required to initiate a Zoning Atlas amendment incorporating same. This requires the
holding and advertising of both a Planning Board meeting and a BOCC public hearing where the
maps amendment(s) are being reviewed (i.e. notification of impacted property owners,
notification of property owners within 1,000 ft. of the zoning change, posting of impacted
properties with signs advertising the meetings, and legal advertisements). Depending on the
19
scope and timing of FEMA map change(s) there may be significant and unplanned budgetary
impacts, as well as significant time commitments, to incorporate said modifications.
In consultation with current Attorney’s staff, Planning staff is recommending the elimination of
the SFHA overlay district and adoption of the flood maps by reference in the UDO. As there are
future changes/updates in flood mapping data, staff would complete a UDO text amendment
incorporating reference to this new data, but would not have to complete a corresponding
zoning atlas amendment. The move would reduce required budgetary outlays to cover
notification of an atlas amendment to affected, and adjacent (i.e. those within 1,000 ft.), property
owners.
Please note as part of our floodplain management program, the Planning Department engages
in a public awareness campaign keeping local property owners informed of flood issues as well
as the various services offered by the County. This includes an annual letter sent to
approximately 1,900 property owners whose property is encumbered by floodplain. This is part
of our comprehensive floodplain management outreach program for which the County receives
credit under the Community Rating System (CRS) resulting in a reduction in flood insurance
premiums for local property owners. An example of this annual outreach letter is contained in
Attachment 3.
The elimination of the SFHA overlay district will not impact or alter existing outreach efforts
conducted by the Department to keep property owners aware of flood issues and the various
services offered to address compliance with flood regulations.
At the writing of this abstract it is anticipated the Planning Board will make a recommendation on
the proposed amendments at its October 4, 2017 regular meeting, which will then be presented
at the November 2017 quarterly public hearing.
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.
20
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2017-03
Revise and update existing flood damage prevention regulations consistent with new
Federal minimum standards, including adoption of new Flood Insurance Rate Map
(FIRM) data.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map: Elimination of the Special Flood Hazard Area (SFHA) Overlay
District. Planning staff will reference the adoption of new flood mapping data
within the Unified Development Ordinance (UDO).
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. 1.1.3 Flood Damage Prevention Authority;
2. 1.1.6 Applicability and Jurisdiction;
3. 1.1.8 Regulation of Farming and Bona Fide Farm Activities;
4. 1.1.19 Disclaimer of Liability – Flood Regulations;
5. 1.2.2 Interpretation of Zoning District Boundaries;
6. 1.10 Floodplain Administrator ;
7. 2.6 Floodplain Development Permit ;
8. 2.10 Variances ;
9. 4.3 Special Flood Hazard Overlay District ;
10. Article 6 Development Standards ;
21
Form Revised 09-29-16
11. 6.6 Additional Standards for Overlay Districts – Special
Flood Hazard Area Overlay ;
12. 6.13 Stream Buffers ;
13. Article 7 Subdivisions ;
14. Article 8 Non-conformities ;
15. Article 9 Enforcement ; and
16. 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 has
initiated text amendments to revise and update existing flood damage prevention
regulations as well as a zoning atlas amendment to eliminate the Special Flood
Hazard Area (SFHA) Overlay District.
The proposal involves updating existing standards to ensure consistency with the
new Federal minimum model flood damage prevention ordinance as well as adopting
new flood mapping data by reference in the UDO.
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 1968 Congress created the National Flood Insurance Program (NFIP) to help
provide a means for property owners to financially protect themselves from the
possible damage of structures resulting from flood events. The program is intended
to supplement typical homeowner insurance policies, which do not cover damage to
structures resulting from a flood. The NFIP offers flood insurance in communities
that participate, specifically through the adoption and enforcement of regulations
designed to mitigate/reduce flood risk commonly referred to as flood damage
prevention regulations, in the program.
Part of the ‘regulations’ local communities are required to adopt are Flood Insurance
Rate Maps (FIRM) denoting areas susceptible to flooding. Participating communities
use these maps to verify the anticipated ‘elevation’ of flood waters during a storm
event and work with property owners to ensure structures are not located in areas
where flooding is a possibility. FIRM maps are modified over time to reflect changes,
both increases and decreases, in anticipated flood levels. Participating communities
are required to adopt these new maps once they are certified to continue to be
eligible for participation in the NFIP.
Orange County has been a member of the NFIP since approximately 1976.
22
Form Revised 09-29-16
The County’s original FIRMs became effective on March 16, 1981, with the last
update being completed on February 2, 2007. After a 3 year process, the County
was informed in late June of 2017, new FIRM maps have been certified by the
Federal government and are required to be adopted by local communities no later
than November 17, 2017.
Based on advice received from the County’s Attorney in 2007, staff incorporated
FIRM data onto the County Zoning Atlas creating the Special Flood Hazard Area
(SFHA) overlay district. At the time staff expressed concerned over the fluid nature
of FIRM data, which can be modified through the completion of an engineering study
reviewed at the State and Federal level. While Planning staff is somewhat involved
in this process, the timeline for review and action is dictated by others. Changes
resulting from this review require re-adoption of flood mapping data at the local level,
translating to the holding of a public hearing to amend the boundary of the SFHA
overlay district.
In consultation with current representatives of the County Attorney’s office, it has
been determined it would be prudent to eliminate the SFHA overlay district and adopt
the FIRM maps by reference in the UDO. As there are changes in flood mapping
data, staff would still be required complete a UDO text amendment incorporating the
new FIRM maps but would not have to complete an atlas amendment. It should be
noted this is how the majority of surrounding communities handle references/changes
to FIRM data.
Please note as part of our floodplain management program, the Planning Department
engages in a public awareness campaign keeping local property owners informed of
flood issues as well as the various services offered by the County. This includes an
annual letter sent to approximately 1,900 property owners whose property is
encumbered by floodplain. This is part of our comprehensive floodplain management
outreach program for which the County receives credit under the Community Rating
System (CRS) resulting in a reduction in flood insurance premiums for local property
owners. An example of this annual outreach letter is contained in Attachment 3.
The elimination of the SFHA overlay district will not impact or alter existing outreach
efforts conducted by the Department to keep property owners aware of flood issues
and the various services offered to address compliance with flood regulations.
Copies of the pending flood map data are available at the County Planning office or
by visiting the North Carolina Flood Risk Information System (FRIS) webpage
at: http://fris.nc.gov/fris/Home.aspx?ST=NC.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 – Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is
sustainable over the long-term.
Chapter 5 Land Use Element of the Comprehensive Plan:
• Land Use Goal 1 – Fiscally and environmentally responsible, sustainable
growth consistent with the provision of adequate services and facilities and a
23
Form Revised 09-29-16
high quality of life.
• Land Use Goal 2 – Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources,
and community character.
• Land Use Goal 4 – Land development regulations, guidelines, techniques,
and/or incentives that promote the integrated achievement of all
Comprehensive Plan goals.
4. New Statutes and Rules
Federal revised minimum model flood damage prevention ordinance and new
floodplain maps.
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2017
b. Quarterly Public Hearing
November 2017
c. BOCC Updates/Checkpoints
September 6, 2017 – Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
October 4, 2017 – Planning Board Recommendation (BOCC receives agenda
materials)
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:
September 6, 2017 – Ordinance Review Committee (ORC)
October 4, 2017 – Recommendation
b. Advisory Boards:
September 21, 2017
To be determined
N/A
24
Form Revised 09-29-16
c. Local Government Review:
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 FY2017-18 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 updating of existing flood damage prevention standards and the new FIRM data will
ensure consistency with the new Federal minimum model flood damage prevention
ordinance and allow us to maintain our membership in the NFIP program.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Current Planning Supervisor
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
25
Orange County, North Carolina – Unified Development Ordinance Page 1-1
ARTICLE 1: ADMINISTRATION
SECTION 1.1: GENERAL PROVISIONS
1.1.1 Title
The official title of this document is ‘Unified Development Ordinance of Orange County, North
Carolina’. For convenience, it shall be referred to throughout this document as ‘this Ordinance’,
‘the Ordinance’, ‘ the/this Unified Development Ordinance’ or ‘the/this UDO’.
1.1.2 Authority
This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina
General Statues (NCGS), specifically the provisions of:
(A) Chapter 153A, Article 18,
(B) Chapter 4,
(C) Chapter 160A, Article 19,
(D) Chapter 39, Article 5A,
(E) §47-30, and
(F) §143 214.5.
For the purpose of establishing comprehensive development regulations for designated portions
of Orange County and providing for administration, enforcement and amendment thereof in
accord with the aforementioned provisions.
1.1.3 Flood Damage Prevention Authority – Basis for Establishment1
(A) The Legislature of the State of North Carolina has delegated authority to county
governments to adopt regulations to promote the public health, safety, and general
welfare of its citizenry in the following sections of the North Carolina General Statutes:
(1) Part 6, Article 21 of Chapter 143,
(2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and
(3) § 153A-121Article 6 of Chapter 153A.2
(B) Flood damage prevention regulations contained herein shall apply to all Special Flood
Hazard Areas within the jurisdiction of Orange CounyCounty, including properties located
within the Extra-Territorial Jurisdictions (ETJs) of local municipalities used for bona fide
farm purposes in accordance with Part 1, Article 19 of Chapter 160A of the North
Carolina General Statutes.3, 4
1 This amendment incorporates existing regulations contained in Section(s) 1.1.3 and 4.3.5 of the UDO relating to
our flood program.
2 Staff is updating/modifying an existing reference to a provision of the North Carolina General Statute to ensure
stylistic consistency within the UDO. This modification is also predicated on ensuring compliance with changes to
the minimum model flood ordinance prepared by FEMA. In order to ensure we are able to maintain our
membership in the National Flood Insurance Program (NFIP), modifications of existing provisions are necessary to
update language consistent with new FEMA standards.
3 Staff is adding language to ensure consistency with the new 2017 minimum model flood ordinance prepared by
FEMA.
4 NC General Statutes were amended placing properties in local municipal ETJ’s meeting the bona fide farm
exemption (NCGS 153A‐340 (b) (3)) under County authority with respect to the enforcement of flood damage
prevention regulations. Staff is updating this section to reflect this fact.
26
Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-2
(B)(C) Flood Insurance Rate Maps (FIRM), specifically FIRM Map Index 37135 CINDOC with an
effective date of May 16, 2008 as well as all FIRM panels contained therein, developed
by FEMA under a Cooperating Technical State agreement with the State of North
Carolina and the Flood Insurance Study are hereby established as shown on the Official
Zoning Atlas as the Special Flood Hazard Area Overlay Zoning District, The Special
Flood Hazard Areas (SFHA) are those identified under the Cooperating Technical State
(CTS) agreement between the State of North Carolina and FEMA in its FIS dated
November 17, 2017 for Orange County and associated DFIRM panels, including any
digital data developed as part of the FIS, which are adopted by reference and declared a
part of this ordinance.
Future revisions to the FIS and DFIRM panels that do not change flood hazard data
within the jurisdictional authority of Orange County are also adopted by reference and
declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or
Physical Map Revisions (PMRs) shall be adopted within 3 months.
For reference, previous SFHA data was produced under the Cooperating Technical State
agreement between the State of North Carolina and FEMA or Flood Insurance Study
(FIS) and its accompanying FIRMs for Orange County dated February 2, 2007, with
incorporation of Letters of Map Amendments 07-04-6156R, 08-04-2897A, 08-04-2898A,
08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06-04-C141P,
07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115-CWG (C) dated
May 16, 2008, which with accompanying supporting data, including Letters of Map
Amendment or Revision and Summary of Map Amendments, were adopted by reference
and declared to be a part of this Ordinance as part of the Special Flood Hazard Area
Overlay District, which was eliminated with the adoption of the November 17, 2017
FIS.5and
(D) This ordinance in part comes forward by re-enactment of some of the provisions of the
Flood Damage Prevention Ordinance enacted XXXXXX as amended, and it is not the
intention to repeal but rather to re-enact and continue to enforce without interruption of
such existing provisions, so that all rights and liabilities that have accrued thereunder are
reserved and may be enforced. The enactment of this ordinance shall not affect any
action, suit or proceeding instituted or pending. All provisions of the Flood Damage
Prevention Ordinance of Orange County enacted on XXXXXXXX, as amended, which are
not reenacted herein are repealed.
(C)(E) The Board of Adjustment as established by Orange County shall hear and decide
requests for variances from flood damage prevention regulations as detailed in Section
2.10.4 of this Ordinancethe requirements of the Orange County Special Flood Hazard
Area Overlay Zoning District.6
1.1.4 Purpose and Intent
(A) In order to protect and promote the health, safety and general welfare of the County and
its residents, this Ordinance is hereby adopted by the Orange County Board of
Commissioners.
(B) The purpose of the regulations set out in this Ordinance shall be to accomplish
compatible development of the land within Orange County in a manner which will best
promote the health, safety, and general welfare, as well as to:
(1) Provide for efficiency and economy in the process of development;
5 The blue underlined text was originally located in Section 4.3.5 of the UDO as part of the Special Flood Hazard
Area overlay district. Red underlined text is new text proposed to reference past FIS studies, which served as the
basis for the overlay district now deleted as part of this process.
6 Staff is recommending the deletion of the Special Flood Hazard Area Overlay District. The rationale for this
recommendation is to avoid unnecessary delay in the adoption/codification of future Federal Insurance Rate Map
(FIRM) data by eliminating the need to complete a Zoning Atlas amendment to change the boundaries of the
aforementioned overlay district.
Formatte
27
Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-3
(2) Make adequate provisions for traffic;
(3) Secure safety from fire, panic, and other hazards;
(4) Provide for light and air;
(5) Prevent the overcrowding of land;
(6) Avoid undue concentration of populations;
(7) Facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements;
(8) Provide for the protection of the surface and underground water resources of the
County;
(9) Provide for efficient use of renewable and non-renewable sources of energy;
(10) Promote desirable living conditions and the sustained stability of neighborhoods;
(11) Protect property against blight and depreciation; and
(12) For other purposes in accordance with the Comprehensive Plan for the County.
(C) It is the further purpose that all material included herein by reference and all material
used for the administration of this Ordinance, does not take any property, does not
unduly restrict property rights or use, nor convert any of these to public use except by
due process of law.
(D) The Ordinance is further designed to provide for residential, commercial, and industrial
growth in Orange County by the establishment of districts within which each type use can
develop properly and profitably and not interfere with the use of land in adjacent parcels
or districts.
1.1.5 Statement of Intent - Amendments
For the purpose of establishing and maintaining sound, stable and desirable development within
Orange County this Ordinance shall not be amended except to:
(A) Correct a manifest error in the Ordinance, or
(B) Extend the boundary of an existing zoning district, because of changed or changing
conditions in a particular area or in the county generally, or
(C) Rezone an area either to a different zoning district, conditional zoning district, or
conditional use district, or
(D) Change the regulations and restrictions thereof.
Amendments shall be reasonably necessary to promote the public health, safety, and general
welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereof.
1.1.6 Applicability and Jurisdiction
Except as otherwise expressly stated, this Ordinance applies to all development, public or private,
within the unincorporated area of Orange County or outside of existing municipal extra-territorial
jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of
Commissioners, to the extent allowed by law unless otherwise indicated in this Ordinance.7
1.1.7 Conformance with Adopted Plans
(A) The provisions of this Ordinance, and any proposed amendment thereto, shall be
consistent with the goals and policies included in the Orange County Comprehensive
7 Staff is adding clarifying language to ensure in those instances where the County has regulatory responsibilities,
most notably the enforcement of flood damage prevention regulations on bona fide farms within the ETJs of local
municipalities, we properly indicate same.
28
Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-4
Plan and/or any specialized study approved by the Orange County Board of
Commissioners relating to land use development within the County’s planning
jurisdiction.
(B) The enforcement, interpretation, and application of the standards contained herein shall
be consistent with the goals and policies of the Comprehensive Plan and shall not create
a situation that is inconsistent with the goals and policies contained therein.
1.1.8 Regulation of Farming and Bona Fide Farm Activities
The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not
apply to property used for bona fide farm purposes, as defined within North Carolina General
Statutes, except as follows:
(A) Any non-farm use of farm property,
(B) Compliance with all regulations required to be imposed by the Federal Emergency
Management Agency (FEMA) through the National Flood Insurance Program including all
applicable Flood Insurance Rate Maps (FIRM), and
(C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning
Districtflood damage prevention regulations as detailed within this Ordinance.
1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
(A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law,
the more restrictive provision governs, to the extent permitted by law. The more
restrictive provision is the one that imposes greater restrictions or more stringent controls.
(B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in
other adopted ordinances or regulations of the County, the more restrictive provision
governs. The more restrictive provision is the one that imposes greater restrictions or
more stringent controls.
(C) In accordance with this Ordinance, a property owner may be required to record deed
restrictions, covenants, or other legal documentation outlining development limitations or
imposing regulatory standards on the perpetual development and/or use of property.
While the County may require such legal documents to be recorded as part of the normal
development review process, the County has no enforcement authority over private
covenants or deed restrictions that are not based on development limitations imposed by
this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any
easement, covenant, deed restriction or other agreement between private parties.
Orange County does not enforce private agreements.
(D) Town of Chapel Hill Land Development Standards: The regulations governing the use of
land and structures as contained in the Town of Chapel Hill Land Development
Ordinance are hereby adopted by reference as fully as though set forth herein. The
regulations shall be applicable to that portion of the Transition Area located within the
Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning
Area Land Use Plan and the adopted Joint Planning Area Land Use Map.
(E) Town of Carrboro Land Development Standards: The regulations governing the use of
land and structures as contained in the Town of Carrboro Land Use Ordinance are
hereby adopted by reference as fully as though set forth herein. The regulations shall be
applicable to that portion of the Transition Area located within the Carrboro Joint
Development Review Area as prescribed in the adopted Joint Planning Area Land Use
Plan and the adopted Joint Planning Area Land Use Map.
(F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules
(Jordan Lake Rules) of 15A NCAC 02B .0265, .0267 and .0268, Section 3.(d) of Session
Law 2009-216, and Section 6.(g) of Session Law 2009-216, found in Section 7.(b) of
Session Law 2009-484 apply to all lands within the Jordan Lake Watershed portion of
29
Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-7
(B) Effect on Rights and Liabilities under the Flood Damage Prevention Ordinance
(1) Portions of the ordinance come forward by re-enactment of some of the
provisions of the Flood Damage Prevention Ordinance (FDPO) enacted March 2,
1981, as amended, and it is not the intention to repeal but rather to re-enact and
continue to enforce without interruption of such existing provisions, so that all
rights and liabilities that have accrued under the FDPO are reserved and may be
enforced.
1.1.18 Interpretation
In the interpretation and application of this Ordinance, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed to neither limit nor repeal any other powers granted under State statutes.
1.1.19 Disclaimer of Liability – Flood Regulations
The degree of flood protection required by this Ordinance is considered reasonable but does not
imply total flood protection. The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the Special Flood
Hazard Areas or uses permitted within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of Orange County or by any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.8
1.1.20 Errors
The issuance of a permit, based on approved plans and specifications, shall not prevent the
Planning Director, Chief Building Official, Erosion Control Officer, or Floodplain Administrator from
thereafter requiring the correction of errors in such plans and specifications or preventing building
operations from being carried on in violation of this Ordinance, other County ordinances, or the
North Carolina Building Code.
1.1.21 Administrative Regulations
The County Manager is authorized and directed to propose and promulgate administrative
regulations, including but not limited to the type and amount of data required for a completed
application, in order to implement the provisions of this Ordinance.
1.1.22 Interim Development Standards
(A) For the purpose of preventing further development in an area where plans are being
prepared for the use of land and/or the preservation of natural resources, and/or
development standards are being considered with which to implement such plans, interim
development standards may be established which permit development that is in accord
with the contemplated plans or standards to proceed.
(B) The establishment of interim development standards shall be governed by the
procedures contained in Article 2 of this Ordinance.
(C) Form and Content
Interim development standards enacted pursuant to this Section shall be temporary
measures established in accordance with the following criteria:
8 Staff is modifying existing language to ensure consistency with the 2017 minimum model flood ordinance
prepared by FEMA.
30
Article 1: Administration
Section 1.2: Official Zoning Atlas
Orange County, North Carolina – Unified Development Ordinance Page 1-8
(1) The standards shall be in effect only for the period of time necessary to achieve
the purposes of the contemplated plan and/or its implementing mechanisms;
(2) The standards shall limit development to the type that would be permitted under
the existing standards contained in this Ordinance and/or to that which is in
accord with the contemplated plan or its implementing mechanisms;
(3) The standards may be in effect only in the area affected by the contemplated
plan and/or in which its implementing mechanisms will apply; and
(4) The standards may limit the nature and type of development applications and
projects which are approved throughout the duration of the standards.
SECTION 1.2: OFFICIAL ZONING ATLAS
1.2.1 Generally
(A) The Orange County planning and zoning jurisdiction shall be, and hereby is, divided into
Zoning Districts as detailed in Article 3 of this Ordinance.
(B) The boundaries of said Zoning Districts are hereby established as shown on the Official
Zoning Atlas which accompanies this Ordinance and which, with all notations, references,
and other information shown thereon, shall be as much a part of this Ordinance as it is
fully described herein. Maps and descriptions accompanying enacted amendments shall
be displayed by the Planning Department adjacent to the Official Zoning Atlas until such
time as the official copy is corrected.
(C) The Official Zoning Atlas and any subsequent amendments shall be authenticated by the
Clerk to the Board of County Commissioners and kept on file in the Planning Department.
(D) Copies of the Official Zoning Map Atlas, or portions thereof, may be made from time to
time. These copies are for informational purposes only and the Official Zoning Atlas, as
described herein, shall be the final and sole authority as to the zoning status of land
within the zoning jurisdiction of Orange County.
(E) The Planning Director shall be responsible for entering amendments to the Official
Zoning Atlas.
(F) The Planning Director shall authenticate the entry of each amendment to the Official
Zoning Atlas and shall maintain a record of the nature and date of entry of each
amendment.
(G) Changes to the Official Zoning Atlas, other than those authorized by duly approved
amendments to this Ordinance, shall not be made. The making of unauthorized changes
to the Official Zoning Atlas shall be considered a violation of this Ordinance.
(H) Amendments to this Ordinance that result in the change in classification of any piece of
land shall become effective immediately upon enactment by the Board of County
Commissioners. The Board of County Commissioners, upon a finding of due cause, may
extend the effective date of any such amendments.
(I) When all or part of the Official Zoning Atlas becomes damaged, lost, destroyed, worn or
hard to interpret by reason of its age, condition, number of changes or otherwise, the
Atlas shall be replaced by the Planning Director. This new edition of the Official Zoning
Atlas may not change the zoning status of any property. Such replacements shall be
authenticated by the Clerk of the Board of County Commissioners and shall bear the date
of replacement.
1.2.2 Interpretation of Zoning District Boundaries
When there is any uncertainty as to the intended location of any zoning district boundary on the
Zoning Atlas, the Planning Director shall make an interpretation of the Atlas upon request of any
person. Any person aggrieved by any such interpretation may appeal such interpretation to the
31
Article 1: Administration
Section 1.3: Board of County Commissioners
Orange County, North Carolina – Unified Development Ordinance Page 1-9
Board of Adjustment. The Planning Director and the Board of Adjustment, in interpreting the
Zoning Atlas or deciding any appeal, shall apply the following standards:
(A) Boundaries indicated as approximately following the centerlines of streets; highways or
alleys shall be construed as following such centerlines;
(B) Boundaries indicated as approximately following lot lines shall be construed as following
such lot lines;
(C) Boundaries indicated as approximately following City Limits shall be construed as
following such City Limits;
(D) Boundaries indicated as following railroad lines shall be construed to be the center line of
the main track;
(E) Boundaries indicated as following shorelines shall be construed to follow such shorelines;
in the event of change in the shoreline, the boundary shall be construed as moving with
the actual shorelines;
(F) Boundaries indicated as approximately following the centerlines of streams, rivers,
canals, lakes or other bodies of water shall be construed as following such centerlines;
(G) Boundaries shown as approximately following designated flood hazard area limits shall
be construed as following such limits;
(H) Boundaries indicated as parallel to or extensions of features indicated in Subsections A
through E above shall be so construed. Distances not specifically indicated on the
Zoning Atlas shall be determined by reference to the scale of the Atlas; and
(I) Where physical or cultural features existing on the ground are at variance with those
shown on the Zoning Atlas, or in other circumstances not covered by Subsections A
through F above, the Board of Adjustment shall interpret the district boundaries.
In addition, the following guidelines shall be required in determining the boundaries of the Special
Flood Hazard Area Overlay District:
(J) The boundaries of the Special Flood Hazard Area Overlay District shall be determined
utilizing the Flood Insurance Study;
(K) In areas between official cross sections, the Special Flood Hazard Overlay District shall
be determined by scaling the distances on Flood Insurance Study maps; and
(L) The regulatory flood protection elevation must in all cases be the controlling factor in
locating the outer limits of the Special Flood Hazard Area Overlay District.9
SECTION 1.3: BOARD OF COUNTY COMMISSIONERS
1.3.1 Responsibilities
The Orange County Board of Commissioners shall have the following responsibilities in relation to
the administration of this Ordinance:
(A) Hear and decide applications for amendments to the text, schedules, and map portions of
this Ordinance, which shall be processed in accordance with the provisions detailed
herein. In exercising this power, the Board is bound by the State enabling legislation, the
terms of this Ordinance, and applicable court decisions in carrying out its legislative
function.
(B) Hear and decide applications for the approval of Class A Special Use permit as noted in
the Schedule of Permitted Uses as requiring approval of the Board of Commissioners,
which shall be processed in accordance with the provisions detailed herein. In exercising
this power, the Board is bound by the State enabling legislation, the terms of this
Ordinance, and applicable court decisions in carrying out its decision making function
within a quasi-judicial capacity and shall make its decisions based on substantial
9 As we are eliminating the Special Flood Hazard Area Overlay District, these provisions are no longer necessary.
32
Article 1: Administration
Section 1.10: Floodplain Administrator
Orange County, North Carolina – Unified Development Ordinance Page 1-17
(D) Render technical advice and recommendations related to this Ordinance and its
operation.
1.9.3 Membership
The DAC may consist of representatives from:
(A) Orange County Planning Department (including Erosion Control, Building Inspections,
Floodplain Management, Transportation, Comprehensive Planning, etc.),
(B) Orange County Health Department,
(C) Orange County Department of Environment, Agriculture, Parks and Recreation,
(D) Orange County Economic Development Department,
(E) Orange County Emergency Services Department,
(F) N.C. DOT District,
(G) Town of Chapel Hill,
(H) Town of Carrboro,
(I) Town of Hillsborough,
(J) City of Mebane,
(K) Orange Water and Sewer Authority,
(L) Orange-Alamance Water District,
(M) Public Utilities,
(N) Natural Resource Conservation Service, and
(O) Boards of Education; Orange County and/or Chapel Hill-Carrboro.
1.9.4 Meetings
The Planning Director is to convene and chair meetings of the Development Advisory Committee.
The minutes of each meeting of the Committee are to be maintained as a separate document in
the nature of a public record in the office of the Planning Director. Meetings shall not be open to
the public.
1.9.5 Reports
The Development Advisory Committee shall prepare its report on a proposed amendment,
Special Use permit, rezoning, Conditional Districts, or subdivision on the basis of the petition, if
any, and supporting documentation as well as any public plans, studies, or data for inclusion
within the official review file of the given project.
SECTION 1.10: FLOODPLAIN ADMINISTRATOR
1.10.1 Designation
The Planning Director shall be referred to as the “Floodplain Administrator” when administering
aspects of this Ordinance related to the Special Flood Hazard Area (SFHA). The Floodplain
Administrator shall hereby be appointed to administer and implement the provisions of this
Ordinance relating to the development and enforcement of various provisions associated with:
(A) Special Flood Hazard Area Overlay DistrictFlood damage prevention regulations, and
(B) State and Federal regulations concerning floodplain development.
1.10.2 Duties and Responsibilities
Duties of the Floodplain Administrator shall include, but not be limited to:
33
Article 1: Administration
Section 1.10: Floodplain Administrator
Orange County, North Carolina – Unified Development Ordinance Page 1-18
(A) Review all floodplain development applications and issue permits for all proposed
development within flood prone areasSFHA to ensure that the requirements of this
Ordinance, as well as applicable state and federal regulations,10 have been satisfied.
(B) Advise permittee that additional Federal or State permits (i.e., Wetlands, Section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 11Erosion and
Sedimentation Control, Riparian Buffers, Mining, Stormwater,12 etc.) may be required,
and if specific Federal or State permits are known, require that copies of such permits be
provided and maintained on file with the floodplain development permit.
(C) Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the National
Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency Management Agency
(FEMA).
(D) Ensure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
(E) Prevent encroachments within floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions comply with this Ordinance.
(F) Obtain actual elevation (in relation to mean sea level North American Vertical Datum
(NAVD) 1988) of the reference level (including basement) of all attendant utilities of all
new or substantially improved structures, as required by this Ordinance.13
(G) Obtain the actual elevation (in relation to mean sea levelNorth American Vertical Datum
(NAVD) 1988) to which the new or substantially improved structures and all utilities have
been flood proofed, as contained within this Ordinance.
(H) Obtain actual elevation (in relation to mean sea level North American Vertical Datum
(NAVD) 1988) of all public utilities, as contained within this Ordinance.
(I) When flood proofing is utilized for a particular structure, obtain certifications from a North
Carolina licensed Professional Engineer or Architect, as contained within this Ordinance.
(J) Where interpretation is needed as to the exact location of boundaries of the SFHAs (for
example, where there appears to be a conflict between a mapped boundary and actual
field conditions), make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided for within this Ordinance.
(K) When base flood elevation (BFE) data have not been provided in accordance with this
Ordinance, obtain, review, and reasonably utilize any BFE data, along with floodway data
and/or non-encroachment area data available from a Federal, State, or other source,
including data developed pursuant to Section 6.6.16.21.6 (B), in order to administer the
provisions of this Ordinance.
(L) When BFE data is provided, but no floodway nor non-encroachment area data has been
provided in accordance with Section 4.3.51.1.3, obtain, review, and reasonably utilize any
10 There is language throughout the revised FEMA minimum model flood ordinance requiring local jurisdictions
ensure applicable state and federal regulations are adhered to when processing a request for development within
the SFHA. Staff is revising existing language to ensure this requirement is referenced in the duties of the County
Floodplain Administrator.
11 The FEMA minimum model flood ordinance contains references to the Federal Water Pollution Control Act. Staff
is revising existing language to ensure the reference is contained within the UDO as well.
12 Staff is recommending adding ‘stormwater’ to the list.
13 The new FEMA minimum model ordinance eliminates references to mean sea level, and even eliminates the
definition of mean sea level, and instead references compliance with the North American Vertical Datum (NAVD)
as established in 1988. Staff is updating references to ensure consistency.
Formatte
Formatte
34
Article 1: Administration
Section 1.10: Floodplain Administrator
Orange County, North Carolina – Unified Development Ordinance Page 1-19
floodway data, and/or non-encroachment area data available from a Federal, State, or
other source in order to administer the provisions of this Ordinance.
(M) When the exact location of boundaries of the SFHAs conflict with the current, natural
topography information at the site, the property owner may apply and be approved for a
Letter of Map Amendment (LOMA) by FEMA. The Floodplain Administrator in the
floodplain development permit file will maintain a copy of the LOMA issued from FEMA.
(M)(N) When the lowest floor and the lowest adjacent grade of a structure, or the lowest ground
elevation of a parcel in a SFHA is above the BFE, advise the property owner of the option
to apply for a Letter of Map Amendment (LOMA) from FEMA. The Floodplain
Administrator in the floodplain development permit file will maintain a copy of the LOMA
issued from FEMA. 14
(N)(O) Permanently maintain all records pertaining to the administration of this Ordinance and
make these records available for public inspection during normal business hours
recognizing that such information may be subject to the Privacy Act of 1974, as
amended.
(O)(P) Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In
exercising this power, the Floodplain Administrator has a right, upon presentation of
proper credentials, to enter on any premises within the jurisdiction of the Orange County
at any reasonable hour for the purposes of inspection or other enforcement action.
(P)(Q) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM
and/or other official flood maps/studies adopted under Section 4.3.51.1.3 of this
Ordinance, including any revisions thereto including LOMA, issued by State and/or
FEMA.
(Q)(R) Maintain a current map repository to include, but not limited to, historical and effective
FIS Report, historical and effective FIRM and other official flood maps and studies
adopted in accordance with the provisions of this Ordinance, including any revisions
thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of
mapping needs.15
(R)(S) Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this Ordinance, the
Floodplain Administrator may order the work to be immediately stopped. The stop-work
order shall be in writing and directed to the person doing the work and the owner shall be
sent a copy via the U.S. mail. The stop-work order shall state the specific work to be
stopped, the specific reason(s) for the stoppage, and the condition(s) under which the
work may be resumed. Violation of a stop-work order constitutes a Class 3
misdemeanor.
(S)(T) Revocation of floodplain development permits, as required. The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying the
permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked
for any substantial departure from the approved application, plans, or specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false
statements or misrepresentations made in securing the permit. Any floodplain
development permit mistakenly issued in violation of an applicable State or local law may
also be revoked.
14 Optional language contained within the FEMA minimum model ordinance that staff is recommending for
inclusion within the UDO.
15 Staff is recommending adding language contained within the revised FEMA minimum model ordinance to ensure
consistency.
Formatte
35
Article 1: Administration
Section 1.11: Erosion Control Officer
Orange County, North Carolina – Unified Development Ordinance Page 1-1
(T)(U) Make periodic inspections throughout all SFHAs within the Orange County jurisdiction.
The Floodplain Administrator and each member of the Planning and Inspections
Department shall have a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
(U)(V) Follow through with additional procedures of Section 9.7.
(W) Review, provide input, and make recommendations for variance requests.16
(X) Coordinate and process with other County departments, State agencies, and FEMA, all
requests for modification of Federal Insurance Rate Map (FIRM) and/or Flood Insurance
Study (FIS) data including, but not limited to, Letter of Map Amendment (LOMA), Letters
of Map Revision (LOMR), and ‘No Impact’ findings on specific projects.
(V)(Y) In instances where the Floodplain Administrator receives assistance from others to
complete tasks to administer and implement this Ordinance, the Floodplain Administrator
shall be responsible for the coordination and community’s overall compliance with the
NFIP and the provisions of this ordinance.
SECTION 1.11: EROSION CONTROL OFFICER
1.11.1 Designation
The position of Orange County Erosion Control Officer is hereby designated.
1.11.2 Duties and Responsibilities
The Orange County Erosion Control Officer shall be responsible for carrying out the provisions of
this Ordinance related to erosion and sedimentation control and stormwater management. The
Orange County Erosion Control Officer shall work with the planning boards and the elected
governing boards of the planning jurisdictions within Orange County in administering and
enforcing the portions of this Ordinance related to erosion and sedimentation control.
16 Adding language contained within the revised FEMA minimum model ordinance to ensure consistency.
Formatte
Formatte
36
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
Orange County, North Carolina – Unified Development Ordinance Page 2-13
Within the Efland Village Overlay District, no construction activity shall begin nor
shall any excavation, soil removal, filling, grading or disturbance of vegetation,
including trees, be commenced, nor any sign erected for any use subject to the
requirements of the overlay district until such time as a site plan has been
approved and a permit issued by the Planning Director in accordance with this
Section and Section 2.4 of this Ordinance.
(D) Major Transportation Corridor Overlay District
(1) Approval Requirements
Within the Major Transportation Corridor District, no construction activity shall
begin nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Section 2.4 of this Ordinance.
2.5.8 Additional Requirements for Economic Development Districts
(A) Prior to submission of an application for site plan approval, applicants shall meet with
representatives of the Planning and Inspections, and Economic Development
Departments to identify policies, procedures, regulations, and fees applicable to
development proposals.
(B) Any proposed subdivision in an Economic Development District shall follow the approval
procedures as specified in Section 2.16.
(C) In addition to the submittal requirements contained in this Section, a complete application
shall also include:
(1) Building elevation drawings for each proposed structure; and
(2) A minimum of two drawings of sections through the site illustrating existing and
proposed grades, as well as the relationship of different site features.
SECTION 2.6: FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND
CERTIFICATE REQUIREMENTS
2.6.1 Requirements for Special Flood Hazard Area Overlay District
All projects proposing the development of property located within the a Special Flood Hazard
Area (SFHA) Overlay District shall be required, regardless of the proposed land use, to submit a
site plan prepared by a registered engineer, landscape architect, or land surveyor in accordance
with the provisions of Section 2.5.
2.6.2 Plans and Application Requirements
Application for a floodplain development permit shall be made to the Floodplain Administrator on
forms furnished by the Planning Department prior to any development activities proposed to be
located within flood prone areas.
The following items/ information shall be presented to the Floodplain Administrator to apply for a
floodplain development permit:
(A) A plot plansite plan17 drawn to scale which shall include, but shall not be limited to, the
following specific details of the proposed floodplain development:
17 Section 2.6.1 requires the submittal of a professionally prepared site plan in accordance with the provisions of
Section 2.5. Section 2.6.2 (A) references the submittal of a plot plan., which is a scaled drawing that is not
professionally prepared. Staff is correcting for this oversight to ensure consistency with the requirements of the
revised FEMA model ordinance.
37
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
Orange County, North Carolina – Unified Development Ordinance Page 2-14
(1) The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, driveways, utility
systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
(2) The boundary of the SFHA as delineated on the FIRM or other flood map as
determined in Section 4.3.5 Section 1.1.3 of this Ordinance18 or a statement that
the entire lot is within the SFHA;
(3) Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined in Section 1.1.3 of this Ordinance
Section 4.3.5;
(4) The boundary of the floodway(s) or non-encroachment area(s) as determined in
Section 4.3.5 Section 1.1.3 of this Ordinance;
(5) The Base Flood Elevation (BFE) where provided as set forth in Section(s)
4.3.51.1.3, 1.10.2 (K) and (L), and 6.6.16.21;
(6) The old and new location of any watercourse that will be altered or relocated as a
result of proposed development; and
(7) Preparation of the plot site plan by or under the direct supervision of a North
Carolina licensed professional Land Surveyor or Professional Engineer and
certified by them.
(B) Proposed elevation, and method thereof, of all development within a SFHA including but
not limited to:
(1) Elevation in relation to mean sea level NAVD 1988 of the proposed reference
level (including basement) of all structures;
(2) Elevation in relation to mean sea level NAVD 1988 to which any non-residential
structure in Zone AE will be flood-proofed; and
(3) Elevation in relation to mean sea level NAVD 1988 to which any proposed utility
systems will be elevated or flood proofed.
(C) If flood proofing, a flood proofing certificate (FEMA Form 086-0-34) with supporting data,
an operational plan, and an inspection and maintenance plan that includes, but is not
limited to, installation, exercise, and maintenance of floodproofing measures and back-up
plans completed by from a registered professional engineer or architect shall be required
certifying that the non-residential flood proofed development will meet the flood-proofing
criteria in Section 6.6.16.21.
(D) A Foundation Plan drawn to scale, which shall include details of the proposed foundation
system to ensure all provisions of this Ordinance are met. These details include but are
not limited to:
(1) Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter
wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear wall); and
(2) Openings to facilitate equalization of hydrostatic flood forces on walls according
to Section 6.621.1(B), when solid foundation perimeter walls are used in Zones.
(E) Usage details of any enclosed space below the regulatory flood protection elevation.
(F) Plans and/or details for the protection of public utilities and facilities such as sewer, gas,
electrical, and water systems to be located and constructed to minimize flood damage;
(G) Copy of all other Local, State and Federal permits required prior to floodplain
development permit issuance (i.e. Wetlands, Erosion and Sedimentation Control,
Riparian Buffers, Mining, etc.);
18 Updating references to the section of the UDO where flood maps are identified.
Formatte
38
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
Orange County, North Carolina – Unified Development Ordinance Page 2-15
(H) If the application is for placement of recreational vehicles and/or temporary structures,
documentation to ensure compliance with Section 6.621.1(B)(5) and (7) of this
Ordinance.
(I) If a watercourse is proposed to be altered and/or relocated, a description of the extent of
watercourse alteration or relocation, 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 a map, drawn to scale, (if not shown on plot
site plan) showing the location of the proposed watercourse alteration or relocation.
2.6.3 Data Requirement
The following information shall be provided at a minimum on the floodplain development permit to
ensure compliance with this Ordinance.
(A) A description of the development under the floodplain development permit issuance A
complete description of all the development to be permitted under the floodplain
development permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge,
mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials, etc.).19
(B) The Special Flood Hazard Area (SFHA) determination for the proposed development per
available data specified in Section 4.3.5.1.1.3 of this Ordinance.
(C) The regulatory flood protection elevation required for the reference level and all attendant
utilities.
(D) The regulatory flood protection elevation required for the protection of all public utilities.
(E) All certification submittal requirements with timelines.
(F) A statement that no fill material shall encroach into the floodway or non-encroachment
area of any watercourse, if applicable.
(G) If in an AE zone, specify the minimum foundation opening requirements.
(H) State limitations of below BFE enclosure uses (if applicable) such as, parking, building
access and limited storage only).
(H)(I) A statement indicating that all materials below BFE/RFPE must be flood resistant
materials.20
2.6.4 Certification Requirements
(A) An Elevation Certificate (FEMA Form 81-31086-0-33) or Flood Proofing Certificate
(FEMA Form 81-65) is required after the reference level is completed. 21
(1) Is required Within 21within 7 calendar days of establishment of the reference
level elevation being established., or flood proofing, by whatever construction
means, whichever is applicable,
(1)(2) itIt shall be the duty of the permit holder to submit to the Floodplain Administrator
a certification of the elevation of the reference level, or flood proofing elevation,
whichever is applicable, in relation to mean sea levelNAVD 1988.
19 Staff is updating language to be consistent with the new model ordinance.
20 This is identified as optional language within the FEMA minimum model ordinance. Staff is recommending we
include. While we restrict new development below the base flood elevation (BFE), we do have several structures
located within the floodplain where portions of same are below BFE. In instances where there are improvement
projects to these structures we need to require this information as part of our floodplain management program.
21 Staff is recommending existing language be modified to split out references to the Elevation Certificate and a
Flood Proofing Certificate to ensure consistency with the FEMA minimum model ordinance. There are now unique
provisions/standards for each certificate. Keeping them combined will create confusion and lead to compliance
issues.
Formatte
Formatte
39
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
Orange County, North Carolina – Unified Development Ordinance Page 2-16
(a) Said certification shall be prepared by, or under the direct supervision of,
a North Carolina licensed professional Land Surveyor or Professional
Engineer and certified by them.
(b) Any work done within the 21 7 day calendar period and before
submission of the certification shall be at the permit holder’s risk.
(2)(3) The floodplain administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and before further work being permitted to proceed.
(3)(4) Failure to submit the certification or failure to make required corrections shall be
cause to deny the floodplain development permit and/or issue a stop-work order
for the project.
(B)(5) A Final As-Built Elevation Certificate (FEMA Form 81-31)final Finished
Construction Elevation Certificate (FEMA Form 086-0-33) is required after
construction is completed and prior to Certificate of Compliance/Occupancy
issuance.
(1)(a) It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of final as-built construction of the elevation
of the reference level and all attendant utilities.
(a)(i) Elevation certification shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land
Surveyor or Professional Engineer and certified by the same.
(2)(b) The Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to Certificate of Compliance/Occupancy
issuance.
(3)(c) In some instances, another certification may be required to certify
corrected as-built construction.
(4)(d) 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.
(e) The Finished Construction Elevation Certificate certifier shall provide at
least 2 photographs showing the front and rear of the building taken
within 90 days from the date of certification. The photographs must be
taken with views confirming the building description and diagram number
provided within the Finished Construction Elevation Certificate. These
photographs should show the entire building, including foundation. If the
building has split-level or multi-level areas, provide at least 2 additional
photographs showing side views of the building. In addition, when
applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All photographs
must be in color and measure at least 3" × 3". Digital photographs are
acceptable.22
(B) Floodproofing Certificate (FEMA Form 086-0-34)23
(1) In those instances where non-residential floodproofing is used to meet the
Regulatory Flood Protection Elevation requirements, a Floodproofing Certificate
(FEMA Form 086-0-34) is required prior to the actual start of construction.
22 This is new language the County is obligated to include in the UDO I order to continue to be eligible for
participation in the Community Rating System (CRS) program, which allows for a reduction in flood insurance
premiums to local property owners due to our administration/enforcement of a floodplain management program.
23 Revised language consistent with the new FEMA model flood ordinance.
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
40
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
Orange County, North Carolina – Unified Development Ordinance Page 2-17
(2) It shall be the duty of the permit holder to submit to the Floodplain Administrator
a certification of the floodproofed design elevation of the reference level and all
attendant utilities, in relation to NAVD 1988
(a) Floodproofing certification shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land Surveyor or
Professional Engineer and certified by the same and shall be
accompanied by all documentation as detailed in Section 2.6.2 of this
Ordinance.
(3) The Floodplain Administrator shall review the certificate data, the operational
plan, and the inspection and maintenance plan. Deficiencies detected by such
review shall be corrected by the applicant prior to permit approval.
(4) Failure to submit the certification or failure to make required corrections shall be
cause to deny a Floodplain Development Permit.
(5) Failure to construct in accordance with the certified design shall be cause to
withhold the issuance of a Certificate of Compliance/Occupancy.
(6) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34),
with supporting data, an operational plan, and an inspection and maintenance
plan are required prior to the issuance of a Certificate of Compliance/Occupancy.
(a) It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the floodproofed design elevation of the
reference level and all attendant utilities, in relation to NAVD 1988.
(i) Floodproofing certificate shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land
Surveyor or Professional Engineer and certified by the same.
(b) The Floodplain Administrator shall review the certificate data, the
operational plan, and the inspection and maintenance plan. Deficiencies
detected by such review shall be corrected by the applicant prior to
Certificate of Occupancy.
(c) Failure to submit the certification or failure to make required corrections
shall be cause to deny a Floodplain Development Permit.
(d) Failure to construct in accordance with the certified design shall be
cause to deny 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) For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
41
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-18
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the NC Building Code and this ordinance
is required.24
(E)(F) 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 6.216.1(B)(5);
(2) Temporary structures meeting requirements of Section 6.216.1(B)(7); and
(3) Accessory Structures with any dimension that is 12 feet or greater in height,
width, or depth, meeting requirements of Section 6.216.1(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:
24 Subsection (E) is new language being incorporated to remain consistent with the FEMA model flood ordinance.
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
Formatte
42
Article 4: Overlay Zoning Districts
Section 1.1: Special Flood Hazard Area (SFHA)
Orange County, North Carolina – Unified Development Ordinance Page 4-11
4.2.9 Water Supply / Sewage Disposal Facilities
TABLE 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)25
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;
25 Standards are being moved to Section 6.21 of the UDO given the deletion of the Special Flood Hazard Area
Overlay District.
43
Article 4: Overlay Zoning Districts
Section 1.1: Special Flood Hazard Area (SFHA)
Orange County, North Carolina – Unified Development Ordinance Page 4-12
(C) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(D) Control filling, grading, dredging, and all other development, which may increase erosion
or flood damage; and
(E) Prevent or regulate the construction of flood barriers, which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
4.3.2 Objectives
The objectives of this overlay district are to:
(A) Protect human life, safety, and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(D) Minimize prolonged business losses and interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, cable and other communication facilities, and sewer lines, streets, and bridges
located in flood prone areas;
(F) Help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and
(G) Ensure that potential homebuyers are notified that property is in a Special Flood Hazard
Area.
4.3.3 Findings of Fact
(A) The flood prone areas within the planning jurisdiction of Orange County are subject to
periodic inundation, which results in loss of life, property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures of
flood protection and relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood prone
areas by uses vulnerable to floods or hazards to other lands, which are inadequately
elevated, flood proofed, or otherwise unprotected from flood damages.
4.3.4 Applicability
Regulations pertaining to this overlay district shall apply to all SFHAs within the planning
jurisdiction of Orange County and within the jurisdiction of any municipality within Orange County
whose governing body has duly authorized its application within its municipal, or extraterritorial
jurisdictional, boundaries in accordance with North Carolina law.
4.3.5 Basis for Establishment
(A) The SFHA are those identified by the FEMA or produced under the Cooperating
Technical State agreement between the State of North Carolina and FEMA or Flood
Insurance Study (FIS) and its accompanying FIRMs for Orange County dated February 2,
2007, with incorporation of Letters of Map Amendments 07-04-6156R, 08-04-2897A, 08-
04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06-
04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115-
CWG (C) dated May 16, 2008, which with accompanying supporting data, including
Letters of Map Amendment or Revision and Summary of Map Amendments, are adopted
by reference and declared to be a part of this Ordinance.
44
Article 4: Overlay Zoning Districts
Section 4.3: Efland-Cheeks Highway 70 Corridor
Orange County, North Carolina – Unified Development Ordinance Page 4-13
(B) The SFHA also include those defined through standard engineering analysis for private
developments or by governmental agencies, but not incorporated into the FIRM. This
includes, but is not limited to:
(1) Detailed flood data generated as a requirement of Section 1.10.2 (K) and (L) of
this Ordinance;
(2) Preliminary FIRMs where more stringent than the effective FIRM; or
(3) Post-disaster Flood Recovery Maps, if available.
4.3.6 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or developed,
improved, or maintained in any way without full compliance with the terms of the regulations
pertaining to the SFHA and other applicable regulations.
Section 4.4:SECTION 4.3: EFLAND-CHEEKS HIGHWAY 70 CORRIDOR
4.4.14.3.1 Intent
(A) The Efland-Cheeks Highway 70 Corridor Overlay District (ECOD) is established to
provide for compatibility of uses between existing single-family residential land uses and
non-residential developments along a designated portion of Highway 70 within Cheeks
Township.
(B) The Highway 70 corridor covered under this overlay district is part of the Efland Mebane
Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006,
which outlines acceptable levels of development within the study area, including allowing
for additional non-residential development along Highway 70.
(C) The regulations contained in this Ordinance are designed to preserve and enhance the
character of the community while allowing for mixed, but compatible, land uses by
permitting logical expansion of existing non-residential developments throughout the
corridor.
(D) It is the intent of this overlay district to encourage land use patterns that will:
(1) Protect existing single-family residential land uses,
(2) Protect the character of the area,
(3) Enhance property values,
(4) Maintain the economic viability and carrying capacity of the corridor,
(5) Preserve open vistas whenever possible,
(6) Encourage small businesses to locate in appropriate areas, and
(7) Continue to promote and provide for the general welfare of local citizens and
property owners.
(E) Standards are established in Section 6.6.2 1 to allow for the development of additional
non-residential land uses within the ECOD in order to maintain and enhance the
economic vitality of the area while protecting the less intensive mixture of existing
residential land uses
4.4.24.3.2 Applicability
(A) This district is intended for properties adjacent to Highway 70 within Cheeks Township of
Orange County in accordance with the boundaries shown on the Orange County Zoning
Atlas.
(B) The requirements of this Ordinance pertaining to ECOD apply to all non-residential land
uses and developments within the Highway 70 Overlay District except for existing non-
Comment
45
Article 4: Overlay Zoning Districts
Section 4.3: Efland-Cheeks Highway 70 Corridor
Orange County, North Carolina – Unified Development Ordinance Page 4-14
residential land uses located within previously established general commercial or Existing
Commercial-5 (EC-5) zoning districts.
4.4.34.3.3 Non-residential Development
Non-residential development within the Highway 70 Corridor shall be limited to the following and
shall be in accordance with the standards contained in this Section and Section 6.6.12:
(A) Pre-designated commercial area as indicated on the Orange County Zoning Atlas, and
(B) Along Highway 70 as depicted on the Orange County Zoning Atlas.
4.4.44.3.4 Permitted Uses
Within the ECOD, uses of land and structures shall be permitted as follows:
(A) Non-residential development within the pre-designated commercial area shall adhere to
the permitted and special uses outlined for the Neighborhood Commercial - 2 (NC-2)
zoning district as contained within Section 5.2 of this Ordinance.
(B) Non-residential uses within the Highway 70 Corridor Overlay District, shall be limited to
professional office and similar institutional uses and shall abide by the standards
contained in this Section and Section 6.6.21.
(C) No more than 40% of the Highway 70 corridor outside of the pre-designated commercial
areas shall be permitted for non-residential uses.
(1) This figure shall be calculated by the sum of the street frontage of lots used for
non-residential purposes compared to the total street frontage of all lots on both
sides of the roadway outside of the pre-designated commercial areas along the
overlay district corridor.
(2) The 40% limitation includes non-residential uses conducted within new or
converted/rehabilitated structures that have a residential appearance.
4.4.54.3.5 Lot and Use Requirements for Non-Residential Development
In addition to the Development Standards in Section 6.6.21, the following lot and use
requirements shall apply to all applicable non-residential development within the pre-designated
commercial areas and along the Highway 70 corridor:
(A) Minimum Lot Width
The minimum lot width for all lots created after December 3, 2007 shall be 130 feet,
unless the lot is served by public sewer and shared ingress/egress in which case the
minimum lot width shall be 75 feet.
(B) Setbacks and Building Height
(1) The setbacks and building heights for all structures, regardless of the proposed
land use, shall conform to the setbacks of the underlying zoning district.
(2) If Building Height Limitation modifications are pursued in accordance with
Section 6.2.2(A), in no case shall building height exceed 35 feet.
(3) Where applicable, the front yard setback shall be measured from any future right-
of-way as designated in the Orange County Comprehensive Transportation Plan.
(C) Floor Area Ratio
(1) The maximum floor area ratio for non-residential uses in the pre-designated
commercial area shall be 0.200 with a maximum building square footage total of
20,000 square feet.
(2) The maximum floor area ratio for non-residential uses along the Highway 70
Corridor shall be 0.100 with a maximum building square footage total of 6,000
square feet.
Comment
Comment
Comment
46
Article 4: Overlay Zoning Districts
Section 4.4: Efland Interstate
Orange County, North Carolina – Unified Development Ordinance Page 4-15
(D) Yard Encroachments
(1) No fences shall be permitted in the front yard of non-residential uses unless a
demonstrated need can be shown.
(2) Within the pre-designated commercial area, vinyl-coated chain link fencing shall
be permitted for non-residential uses.
(3) Outside of the pre-designated commercial area but within the boundaries of the
Highway 70 Overlay District, chain link or similar fencing shall not be permitted
for non-residential uses.
Section 4.5:SECTION 4.4: EFLAND INTERSTATE
4.5.14.4.1 Intent
(A) The Efland Interstate Overlay District is established to provide for a more urban style of
development in an area of the county served, or intended to be served, by public water
and sewer systems.
(B) The geographic area covered by the Efland Interstate Overlay District is part of the
Efland-Mebane Small Area Plan, adopted by the Board of County Commissioners on
June 27, 2006, which outlines acceptable levels of development within the study area,
including allowing for additional non-residential and residential development in this
overlay district.
(C) Standards are established in Section 6.6.32 in order to maintain and enhance the
economic vitality of the area while protecting existing land uses. Unless otherwise stated,
the standards are in addition to standards contained in this Ordinance, including Sections
6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major
Transportation Corridor).
4.5.24.4.2 Applicability
(A) This district is intended for all properties located south of the railroad tracks and north of
Interstate 85/40 in the general vicinity of Mount Willing Road in accordance with the
boundaries shown on the Orange County Zoning Atlas.
(B) The requirements of this Ordinance pertaining to the Efland Interstate Overlay District
apply to all residential and non-residential land uses and developments in the designated
district except for detached single-family residential land uses and developments.
4.5.34.4.3 Permitted Uses and Dimensional and Ratio Standards
(A) Within the Efland Interstate Overlay District, uses of land and structures and Dimensional
and Ratio Standards are those permitted in the underlying zoning district or districts. All
other requirements for the use of land and structures contained in this Ordinance shall be
met unless otherwise provided.
(B) Minimum Setbacks
(1) The minimum side and rear setback shall be the width of the required buffer in
6.6.32(B) or the setback required in Article 3 or Section 6.2.8, whichever is less,
except as provided in (a).
(a) For parcels subject to the setback and yard requirements in Section
4.7.4, the requirements of said Section shall apply.
Comment
Comment
Comment
Comment
47
Article 4: Overlay Zoning Districts
Section 4.5: Efland Village
Orange County, North Carolina – Unified Development Ordinance Page 4-16
Section 4.6:SECTION 4.5: EFLAND VILLAGE
4.6.14.5.1 Intent
(A) The Efland Village Overlay District is established to provide for an urban village style of
development in an area of the county served, or intended to be served, by public water
and sewer systems.
(B) The geographic area covered by the Efland Village Overlay District is part of the Efland-
Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27,
2006, which outlines acceptable levels of development within the study area, including
allowing for additional non-residential and residential development in this overlay district.
(C) Standards are established in Section 6.6.43 in order to maintain and enhance the
economic vitality of the area while protecting existing land uses. Unless otherwise stated,
the standards are in addition to standards contained in this Ordinance, including Sections
6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major
Transportation Corridor).
4.6.24.5.2 Applicability
(A) This district is intended for all properties located north of the railroad tracks in a
geographic area commonly referred to as “Efland” in accordance with the boundaries
shown on the Orange County Zoning Atlas
(B) The requirements of this Ordinance pertaining to the Efland Village Overlay District apply
to all residential and non-residential land uses and developments in the designated
district except for detached single-family residential land uses and developments.
4.6.34.5.3 Permitted Uses and Dimensional and Ratio Standards
(A) Within the Efland Village Overlay District, uses of land and structures and Dimensional
and Ratio Standards are those permitted in the underlying zoning district or districts. All
other requirements for the use of land and structures contained in this Ordinance shall be
met unless otherwise provided.
(B) Setbacks and Building Height
(1) In lieu of the front setback required in Article 3, the minimum front yard setback
for properties fronting on U.S. Highway 70 shall be 30-feet.
(2) In lieu of the front setback required in Article 3, the front yard setback for parcels
located in the overlay district but not fronting on U.S. Highway 70 shall be in
keeping with the front setback provided by adjacent uses.
(3) The minimum side and rear setback shall be the width of the required Land Use
Buffer (Section 6.8.6) or the setback required in Article 3, whichever is less, but
in no case shall be less than 10-feet.
(4) If Building Height Limitation modifications are pursued in accordance with
Section 6.2.2(A), in no case shall building height exceed 40 feet.
(C) Yard Encroachments
(1) No fences shall be permitted in the front yard of lots used for non-residential uses
unless a demonstrated need can be shown.
(2) Fences located in the front yard of residential uses, other than single-family
detached dwellings, shall be a maximum of five feet in height.
Comment
Comment
48
Article 4: Overlay Zoning Districts
Section 4.6: Major Transportation Corridor
Orange County, North Carolina – Unified Development Ordinance Page 4-17
Section 4.7:SECTION 4.6: MAJOR TRANSPORTATION CORRIDOR
4.7.14.6.1 Intent
(A) It is the intent of Orange County to protect and enhance those natural and environmental
features which constitute important physical, aesthetic, recreational, and economic
assets through the provision of special controls of public and private development along
major transportation corridors.
(B) The Board of County Commissioners finds as a fact that:
(1) Major transportation corridors serve a key function in the orderly development of
Orange County as major traffic movers, as well as serve as entrances to Orange
County from outside the area.
(2) These corridors and the character of the development which occurs along them
establish for visitors and residents alike an indicator of the quality of life in the
County, as well as the efficiency and safety of traffic movement through the area.
(3) In addition, the ability of different areas of the County to attract and
accommodate different types of development depends on the capacity of the
thoroughfare system and the character and quality of development along major
corridors.
(C) The Major Transportation Corridor district is intended to enhance the attractiveness and
orderly development of land adjacent to major transportation facilities through the
provision of a set of development standards and regulations for application to public and
private development of land adjacent to these corridors. The major transportation
corridors include the interstate system as designated in the adopted Comprehensive
Plan.
(D) The district establishes development standards (see Section 6.6.54) and a site plan
review process for development within the district. (See Section 2.5).
4.7.24.6.2 Applicability
(A) The Major Transportation Corridor (MTC) district is established as a district which
overlays other zoning districts established in this Ordinance. The new use of any land or
any new structure within the MTC district shall comply with the use regulations applicable
to the underlying zoning district as well as the requirements of the MTC district.
(B) The provisions, requirements and restrictions of this district shall not apply to the use of
land within the district for single family or two-family dwellings or to any building or
structure existing prior to the creation of this district unless it is structurally altered to the
extent of increasing the floor area by 50% or more or is enlarged to any degree to occupy
a vacant lot.
(C) This district shall be applied along any interstate highway in the County designated in the
adopted Comprehensive Plan as such and to any proposed interstate highway
designated in the adopted Comprehensive Plan as such.
(D) The minimum length of the district shall be a continuous distance along the thoroughfare
within the County’s jurisdiction and outside of the extraterritorial planning jurisdictions of
the Towns of Hillsborough, Chapel Hill, and Carrboro and the City of Mebane.
(E) The minimum width of the district is 1,250 feet from the edge of the right-of-way
measured along a line which is perpendicular to the edge of the right-of-way on each side
of the roadway, except at interstate interchanges where the District shall extend 2,500
feet from the right-of-way on each side of the intersecting road.
Comment
49
Article 4: Overlay Zoning Districts
Section 4.7: Stoney Creek Basin
Orange County, North Carolina – Unified Development Ordinance Page 4-18
4.7.34.6.3 Permitted Uses
Within the Major Transportation Corridor (MTC) District, uses of land and structures are those
permitted in the underlying zoning district or districts. All other requirements for the use of land
and structures contained in this Ordinance shall be met unless otherwise provided.
4.7.44.6.4 Building Setback and Yard Requirements
Building setback and required yard areas for the overlay district are as follows:
(A) The front yard requirement shall be 100 feet from the edge of the right-of-way of an
interstate highway or 50 feet from the edge of an intersecting road at an interstate
interchange.
(B) The rear yard requirement shall be 50 feet from the edge of the rear property line or 100
feet from the edge of the right-of-way of an interstate highway when a rear yard is
adjacent to the interstate.
(C) The side yard requirement shall be 50 feet from the side property line or 100 feet from the
edge of the right-of-way of an interstate highway where the side property line is adjacent
to the interstate.
Section 4.8:SECTION 4.7: STONEY CREEK BASIN
4.8.14.7.1 Intent
(A) The purpose of the Stoney Creek Basin Overlay District is to implement the Stoney Creek
Basin Small Area Plan by:
(1) Encouraging the creation of open space and by limiting density increases within
the more rural portions of the area generally defined as the Stoney Creek
drainage basin; and
(2) Modifying certain Flexible Development regulations as contained in Section 7.13
of this Ordinance, to encourage the distribution and intensity of development
areas and open space as specified in the Plan.
4.8.24.7.2 Applicability
(A) Generally
This district shall be applied to all of the areas contained in the Stoney Creek Basin Small
Area Plan, except for the portion of the Plan area located within the Rural Buffer (RB)
Zoning District. The Stoney Creek Basin Small Area Plan and Map was adopted by the
Orange County Board of Commissioners on August 5, 1996.
(B) With Other Regulations
Except for certain provisions as specified in Section 4.67.4, all other regulations for the
underlying zoning districts are applicable.
4.8.34.7.3 Land Use Intensities
Three levels of land use intensity are contained in the Stoney Creek Basin Small Area Plan.
These areas are designated in the Plan as lower, intermediate, and higher intensity areas, which
are identified, respectively, as Lower Intensity, Intermediate Intensity, and Higher Intensity
Development Areas within the Stoney Creek Basin Overlay Zoning District.
(A) Lower Intensity Development Area
The Lower Intensity Development Area includes land designated as lower intensity area
in the Stoney Creek Basin Small Area Plan. The Lower Intensity area best typifies the
area’s remaining rural character and is proposed to have the lowest average
development densities in the future. The current character of the area is residential
development on relatively large lots, with a considerable number consisting of large
50
Article 4: Overlay Zoning Districts
Section 4.7: Stoney Creek Basin
Orange County, North Carolina – Unified Development Ordinance Page 4-19
undeveloped tracts (both open and forested), and active farm land. The Lower Intensity
area lies mostly in the central and southern part of the study area. A portion also extends
north to I-85 in the undeveloped area east of Strayhorn Hills. It contains 2502 acres, 725
of which are contained in Duke Forest or the Stoney Creek wildlife corridor.
(B) Intermediate Intensity Development Area
The Intermediate Intensity Development Area includes land designated as intermediate
intensity area in the Stoney Creek Basin Small Area Plan. The Intermediate Intensity
area is intended to provide a transition between higher and lower intensity areas. It is
envisioned as being predominantly residential with density being determined in large part
by the character of existing development. The Intermediate Intensity area contains 1205
acres, and includes the existing residential developments of Strayhorn Hills and
Wyngate, areas bordering University Station Road along the eastern side of the Plan
area, and area west of NC 86 adjacent to the I-40/Old NC 86 Economic Development
District.
(C) Higher Intensity Development Area
The Higher Intensity Development Area includes land designated as higher intensity area
in the Stoney Creek Basin Small Area Plan and is generally synonymous with areas
designated in the Land Use Element of the Comprehensive Plan as Ten- or Twenty-Year
Transition Area. In the future, land within the Higher Intensity area will likely be annexed
into the municipalities of Hillsborough or Durham. A mix of land uses is possible. The
Higher Intensity area contains 699 acres, most of which lies in the western and
northwestern parts of the Stoney Creek Basin Plan Area, with one smaller portion
situated on the eastern tip of the area adjacent to the I-85/US 70 Economic Development
District.
4.8.44.7.4 Applicable Regulations Pertaining to Flexible Developments
Flexible Development regulations contained in Section 7.12 shall apply within the Stoney Creek
Basin Overlay District, except as indicated in the Table below:
TABLE 4.67.4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
Calculation of Open Space
Active recreation area
may not be included in
open space
calculations
50% of active recreation area may be included in open
space calculations, per Section 7.12.4 of this Ordinance
Number of
Bonus
Units(1)
33.1-50.0%
Open Space One additional dwelling unit per two acres of open space above 33%
50+%
Open Space
One additional dwelling unit per two acres of open space between 33% and 50%, plus
one additional dwelling unit per acre of open space above 50%
Location of Bonus Units
Bonus units may not
be located in the
Lower Intensity
Development Areas,
but may be located in
a flexible development
in the Intermediate
Intensity or Higher
Intensity Development
Areas.
Bonus units may be located in
a flexible development in the
Intermediate Intensity or
Higher Intensity Development
Areas.
Bonus units may only be
located in a flexible
development in the Higher
Intensity Development
Area.
Village Option Village option not
permitted.
Village option permitted, but Village Proper limited to 50
acres.
51
Article 4: Overlay Zoning Districts
Section 4.7: Stoney Creek Basin
Orange County, North Carolina – Unified Development Ordinance Page 4-20
TABLE 4.67.4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
(1) Bonus units do not apply to Minor Subdivisions utilizing the Flexible Development Option.
52
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-20
(7) Exterior Finish Materials
(a) Exterior finish materials must conform to and be in harmony with the
exterior design of neighboring structures and the overall design of
improvements described throughout these guidelines.
(b) Building exteriors must be constructed of materials which are sufficiently
durable to guarantee low maintenance and a reasonable life span, and to
withstand abuse by vandals or accidental damage from machinery.
(c) Exterior materials must have an attractive texture, pattern or quality of
detailing. Acceptable building materials include those which appear
natural in texture and color such as stone, unpainted brick, wood, and
textured concrete.
(d) Siding must reflect in texture and color that which is typical of the area
and region.
(8) Roof Lines and Materials
(a) The roof design must be considered as a component of the overall
architectural design theme and must be taken into consideration during
the initial design phase for the structure(s).
(b) Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a
portion of the building perimeter only) must not be utilized. Mansard roofs
must wrap around the entire perimeter of the structure.
(c) All rooftop mechanical equipment, vents, ducts, and communication
antennas and towers must be screened from view or designed and
installed in a manner using materials and colors compatible with the
building architecture. All such equipment must be located below the
highest vertical element of the building, with the exception of tower-type
communication antennas which do not exceed a height of 15 feet from
base to top.
(d) Except for standing rib metal roofs and copper roofs, corrugated metal,
highly reflective surfaces, and illuminated roofing must not be used:
(e) Rooftop solar collectors, skylights, and other reflective rooftop building
elements must be designed and installed in a manner which prevents
reflected glare.
(f) Solar panels must be integrated into the roof design, flush with the roof
slope. Frames must be colored to complement the roof. Natural
aluminum frames are prohibited.
(g) Support solar equipment must be enclosed and screened from view.
SECTION 6.6: ADDITIONAL STANDARDS FOR OVERLAY DISTRICTS
6.6.1 Special Flood Hazard Areas (SFHA)
(A) Provisions for Flood Hazard Reduction
In all SFHAs the following additional standards shall be met:
(1) All new construction and substantial improvements shall be designed and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to minimize flood damage.
53
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-21
(3) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damages.
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
These include but are not limited to HVAC equipment, water softener units,
bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes,
appliances (washers, dryers, refrigerator, etc.), hot water heaters, and electric
outlets/switches.
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters.
(7) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
(8) Any alteration, repair, reconstruction, or improvements to a structure, which
complies with the provisions of this Ordinance, shall meet the requirements of
“new construction” as contained in this Ordinance.
(9) Unless reviewed and approved in accordance with the provisions in Article 2 and
Article 5 for Class A Special Use Permits, new solid waste disposal facilities,
hazardous waste management facilities, salvage yards, and chemical storage
facilities shall not be permitted in SFHAs.
(10) Fuel and Chemical Storage
(a) With the exception of structures or tanks used for chemical and/or fuel
storage incidental and necessary to the daily operations of a water
treatment plant or wastewater treatment facility, the storage of the
following chemicals and compounds shall be prohibited within SFHAs:
(i) Acetone,
(ii) Ammonia,
(iii) Benzene,
(iv) Calcium carbide,
(v) Carbon disulfide,
(vi) Celluloid,
(vii) Chlorine,
(viii) Hydrochloric acid,
(ix) Prussic acid,
(x) Magnesium,
(xi) Nitric acid,
(xii) Oxides of nitrogen,
(xiii) Phosphorus,
(xiv) Potassium,
(xv) Sodium,
(xvi) Sulfur,
(xvii) Acetylene gas,
54
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-22
(xviii) Gasoline and any petroleum product,
(xix) Lumber,
(xx) Charcoal or coal dust,
(xxi) Polychlorinated biphenyls (PCBs),
(xxii) Poly nuclear aromatic
(xxiii) Volatile organic compounds (VOCs), or
(xxiv) Any priority pollutants listed in Table 1 of Section 307 of the
Clean Water Act (P.L. 92-500), as amended
(b) Where chemicals and fuel are necessary for the operation of water
and/or wastewater treatment facilities, the storage structure or tank may
be located within a SFHA overlay provided it is either elevated or flood
proofed in accordance with the standards contained herein and certified
in accordance with Section 2.6.4 of this Ordinance.
(11) The following facilities shall be prohibited in SFHAs:
(a) Hospitals,
(b) Nursing homes,
(c) Foster care facilities,
(d) Sheriff’s facilities,
(e) Fire stations,
(f) Emergency operations centers, and
(g) Vehicle and equipment storage facilities.
(12) Any inhabited structure within any SFHA shall have unobstructed, dry access
during a regulatory flood event.
(13) New fill material within any SFHA shall be prohibited.
(14) Public utilities and facilities shall be constructed to minimize flood damage
consistent with these and all other applicable County regulations.
(15) In cases where development is otherwise allowed within identified SFHA’s,
adequate drainage shall be provided.
(16) When a structure is located in a SFHA with multiple Base Flood Elevations
(BFEs), the provisions for the highest BFE shall apply.
(B) Specific Standards Where Base Flood Elevation (BFE) Data Provided
In all SFHAs where BFE data has been provided, as set forth in Section 1.10 or 4.3, the
following standards shall be met:
(1) Residential Construction
(a) New construction within the SFHA shall be prohibited.
(b) Substantial improvement of any existing residential structure (including
manufactured homes) shall require the reference level, including
basement, elevated no lower than two feet above the regulatory flood
protection elevation, as defined in Article 10 of this Ordinance.
(c) Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to automatically facilitate equalization of hydrostatic
flood forces on exterior walls shall be provided pursuant to Section 2.6.3.
(2) Non-Residential Construction
55
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-23
(a) New construction within the SFHA shall be prohibited.
(b) Substantial improvement of any existing commercial, industrial, or other
non-residential structure shall have the reference level, including
basement, elevated no lower than the regulatory flood protection
elevation.
(c) Structures located in the AE Zone may be flood proofed no lower than
two feet above the level of the base flood elevation in lieu of elevation
provided that all areas of the structure below the required flood
protection elevation are watertight with walls substantially impermeable
to the passage of water, using structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect
of buoyancy.
(d) A North Carolina licensed Professional Engineer or Architect shall certify
that the standards of this subsection are satisfied. Such certification
shall be provided to the official as set forth in Section 2.6.
(3) Manufactured Homes
(a) Replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the regulatory
flood protection elevation.
(b) Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, or lateral movement
according to the State of North Carolina Regulations for
Manufactured/Mobile Homes, 1995 Edition, and any revision thereto
adopted by the Commissioner of Insurance pursuant to NCGS ξ143-
143.15 or a certified engineered foundation.
(c) When the elevation would be met by an elevation of the chassis 36
inches or less above the grade at the site, reinforced piers or other
foundation elements of at least equivalent strength shall support the
chassis.
(d) When the elevation of the chassis is above 36 inches in height, an
engineering certification is required.
(e) All foundation enclosures or skirting below the lowest floor shall comply
with the standards in Section 2.6.4.
(f) An evacuation plan must be developed for evacuation of all residents of
all new, substantially improved or substantially damaged manufactured
home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management coordinator.
(4) Road and Driveway Crossings
(a) Any public road, private road, or driveway crossing a SFHA shall require
a ‘No-Impact’ certification approval from the North Carolina Emergency
Management Division before any building permits can be issued for new
construction which derive their vehicular access from such public roads,
private roads, or driveways.
(b) If the “No- Impact” certification data demonstrate that the Base Flood
Elevation will rise more than one vertical foot, then the developer shall
file a Conditional Letter of Map Revision with the North Carolina Division
of Emergency Management for review and approval. Before any building
permit can be issued for the improvements associated with the crossing,
an approved Letter of Map Revision shall be on file in the Planning and
Inspections Department.
56
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-24
(5) Recreational Vehicles
Recreation vehicles placed on sites within a SFHA shall be consistent with either
of the following:
(a) Be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities, and has no permanently attached additions); or
(b) Meet all the requirements for new construction, including anchoring and
elevation requirements of Section 2.6 and Section 6.6.1(B)(3) of this
Ordinance.
(6) Fully Enclosed Areas Below Regulatory Flood Protection Elevation
(a) With the new construction or substantial improvement of elevated
buildings, fully enclosed areas that are below the regulatory flood
protection elevation shall not be used for human habitation, but shall be
designated for use only as follows:
(i) For parking of vehicles,
(ii) Building access, or
(iii) Limited storage of maintenance equipment used in connection
with the premises.
(b) Such spaces shall be constructed entirely of flood resistant materials
below the regulatory flood protection level in the AE zone and meet the
following criteria:
(i) Shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the foundation must
either be certified by a North Carolina licensed Professional
Engineer or Architect or meet the following minimum design
criteria:
a. Provide a minimum of two openings on different sides of
each enclosed area subject to flooding;
b. The total net area of all openings must be at least one
square inch for each square foot of enclosed area
subject to flooding;
c. If a building has more than one enclosed area, each
area must have openings on exterior walls to allow
floodwaters to directly enter and exit;
d. The bottom of all required openings shall be no higher
than one foot above the adjacent grade;
e. Openings may be equipped with screens, louvers, or
other opening coverings or devices provided they permit
the automatic flow of floodwaters in both directions; and
f. Foundation enclosures made of flexible vinyl or sheet
metal skirting are not considered enclosures for
regulatory and flood insurance rating purposes, and
therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is
considered an enclosure and requires hydrostatic
openings as outlined above to comply with this
Ordinance.
(ii) The enclosed areas shall be used solely for parking of vehicles,
building access, or storage.
57
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-25
(iii) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway or
elevator).
(iv) The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
(7) Temporary Non-Residential Structures
Prior to the issuance of a floodplain development permit for a temporary
structure, the applicant shall submit in writing for the review and approval of the
Floodplain Administrator, a plan for the removal of such structure(s) in the event
of a hurricane or flash flood warning notification. The plan shall include the
following information:
(a) A specified time period for which the temporary use will be permitted;
(b) The name, address, and phone number of the individual responsible
for the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be removed
(i.e., minimum of 72 hours before landfall of a hurricane or immediately
upon flood warning notification);
(d) A copy of the contract or other suitable instrument with a trucking
company to ensure the availability of removal equipment when needed;
and
(e) Designation, accompanied by documentation, of a location outside the
SFHA to which the temporary structure will be moved.
(8) Accessory Structures
When accessory structures (sheds, detached garages, etc.) are to be placed
within a SFHA, the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including
work, sleeping, living, cooking or restroom areas);
(b) Accessory structures shall be designed to have low flood damage
potential;
(c) Accessory structures shall be constructed and placed on the building site
so as to offer the minimum resistance to the flow of floodwaters;
(d) Accessory structures shall be firmly anchored in accordance with this
Section;
(e) All service facilities such as electrical and heating equipment, shall be
installed in accordance with this Section;
(f) Openings to relieve hydrostatic pressure during a flood shall be provided
conforming to the requirements of this Section;
(g) An accessory structure with any dimension that is 12 feet or less in
height, width, or depth does not require an elevation or flood proofing
certificate. Elevation or flood proofing certifications are required for all
other accessory structures according to Section 2.6.4; and
(h) The accessory structure shall meet all zoning and building code
requirements.
(9) Additions/Improvements
58
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-26
(a) Where a fire wall or independent perimeter load-bearing wall is provided
between the addition and the existing building, the addition(s) shall be
considered a separate building and only the addition need comply with
the standards for new construction.
(b) Pre-FIRM Structures
(i) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, as defined, and do not
require a zoning or building permit, the addition and/or
improvements shall be designed to minimize flood damages and
shall not be any more non-conforming than the existing structure.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are
considered a substantial improvement as defined, requiring a
zoning or building permit, both the existing structure and the
addition and/or improvements shall comply with the standards for
new construction.
(c) Post-FIRM Structures
(i) Additions to post-FIRM structures with no modifications to the
existing structure shall require only the addition to comply with
the standards for new construction.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, the addition and/or
improvements only must comply with the standards for new
construction.
(iii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are
considered a substantial improvement, both the existing
structure and the addition and/or improvements must comply
with the standards for new construction.
(C) Floodway and Non-encroachment Areas
(1) Areas designated as floodways or non-encroachment areas are located within
the SFHA established in Section 4.3.
(2) The floodways and non-encroachment areas are extremely hazardous areas due
to the velocity of floodwaters that have erosion potential and carry debris and
potential projectiles.
(3) The following provisions shall apply to all development within such areas:
(a) No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analyses,
performed according to standard engineering practice, that the proposed
encroachment would not result in any increase in the flood levels during
the occurrence of the base flood. Such certification and technical data
shall be presented to the Floodplain Administrator before issuance of
floodplain development permit.
(b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR),
then a Letter of Map Revision (LOMR) must also be obtained upon
completion of the proposed encroachment.
(c) No manufactured homes shall be permitted.
59
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-27
(D) Subdivisions, Manufactured Home Parks, and Major Developments
All subdivisions, manufactured home parks, and major development proposals located
within SFHAs shall:
(1) Be consistent with the need to minimize flood damage.
(2) Have public utilities and facilities such as sewer, gas, electric, cable, and water
systems located and constructed to minimize flood damage.
(3) Have adequate drainage provided to reduce exposure to flood hazards.
(4) Have BFE data provided if development exceeds either 50 lots/units or five
acres. Such BFE data shall be adopted by reference per Section 4.3.
(E) Additional Standards for Development of Uses Within Special Flood Hazard Area
Overlay District (SFHA)
(1) The Board of County Commissioners may issue a Class “A” Special Use Permit
for solid waste disposal facilities, hazardous waste management facilities,
salvage/junk yards, and chemical storage facilities that are located in SFHAs, in
accordance with the Table of Permitted Uses, if all of the following conditions are
met:
(a) The use serves a critical need in the Orange County.
(b) No feasible location exists for the use outside the SFHA.
(c) The reference level of any structure is elevated or flood proofed to at
least the regulatory flood protection level.
(d) The use complies with all other applicable federal, state and local laws.
(e) Orange County has notified the Secretary of the North Carolina
Department of Crime Control and Public Safety of its intention to grant a
Special Use Permit at least 30 days before granting the permit.
(2) The Board of County Commissioners is required to make affirmative findings of
fact based on the testimony of the applicant(s) as to the project’s compliance with
these standards.
(F) Effect Upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit has been granted by the Floodplain Administrator or his/her
authorized agents before the time of passage of this Ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of six
months subsequent to passage of this Ordinance or any revision thereto, construction or
use shall be in conformity with the provisions of this Ordinance.
(G) Enforcement
The provisions of the SFHA Overlay District shall be enforced in accordance with the
requirements contained within Section 9.7 of this Ordinance.
6.6.26.6.1 Highway 70 / ECOD
(A) Ingress and Egress
The following standards shall regulate ingress and egress points within the corridor:
(1) For purposes of determining the allowable number of ingress and egress points
on any particular lot, all lots recorded at the effective date of this Ordinance shall
be granted at least one ingress and egress point per road front unless access
can be provided through some internal means. However, minimization of the
total number of driveways along the Highway 70 corridor is desirable through the
60
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-31
(f) Windows on the street frontage side of a building shall be limited to 40%
of the total building façade.
(g) The principal building shall be oriented facing towards the fronting street.
(h) Building Access
(i) A functional doorway for public or direct-entry access into a
building shall be provided from the fronting street.
(ii) Corner entrances should be provided on corner lot buildings.
(iii) Additional entrances to a building may be provided.
(i) Rooflines & Materials
(i) Decorative cornices shall be provided for buildings with a flat
roof, defined as roofs with a pitch less than 3:12.
(ii) Eaves shall be provided with a pitched roof, defined as roofs with
a pitch greater than 3:12.
(iii) Pitched roofs are generally preferred over flat roofs.
(iv) All rooftop mechanical equipment (i.e. vents, ducts,
communication antennas, HVAC units, etc) shall be screened
from view or designed and installed in a manner using materials
and colors compatible with the building architecture.
(v) Highly reflective roofing materials shall be avoided. All proposed
metal roofing should be standing seam or copper. Galvanized
steel and tin roofs are permitted.
(j) Residential manufactured structures are not permitted for conversion to a
non-residential use.
(H) Additional Architectural Standards for existing single-family structures being
converted into non-residential use:
(1) The exterior façade of an existing single-family residence proposed for
conversion into non-residential use shall not be altered to accommodate new
non-residential land uses except where modifications are necessary to address
building or fire code requirements.
(2) Any structures proposed for removal shall either be moved to another location for
re-use contemporaneously with the construction of the new structure or be
deconstructed in such a manner that the resultant materials are suitable for re-
use by the deconstructing party or others in future building projects. It is the
intent of this Sub-Section that the removed structure be recycled to the extent
possible.
6.6.36.6.2 Efland Interstate
(A) Circulation and Connectivity
(1) All site planning for property east of Mount Willing Road shall take into account
the need for a connecting roadway between Mount Willing Road and the
Interstate 85/U.S. Highway 70 Connector.
(2) All site planning west of Mount Willing Road shall take into account the need for
a connecting roadway between Mount Willing Road and Buckhorn Road, as
depicted on the Efland-Buckhorn-Mebane Access Management Plan, adopted
November 11, 2011.
(3) In order to manage access on public streets, a site shall be permitted no more
than one entrance/exit point unless justified by:
61
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-32
(a) site configuration;
(b) trip generation;
(c) traffic conditions, including the need for separate service and
visitor/employee vehicular access, and/or one-way traffic movement; or
(d) other factors.
(4) Intra-site accessibility shall be provided. Vehicles shall not be required to enter
the public street in order to move from one area to another on the same site.
(5) On all corner lots, no vehicular openings shall be located closer than 60 feet from
the point of intersection of the street right-of-way lines.
(6) Driveway entrances/exits shall not exceed 36 feet in width measured at the
property line; however, in instances where parking lots serve tractor/trailer traffic,
the driveway entrance/exit may be increased to 40 feet in width.
(7) Exits for parking facilities containing more than 36 parking spaces shall contain
holding lanes for left-turning and right-turning traffic unless the Planning Director
determines that due to the physical features of a site, holding lanes would be
unsafe and should not be required.
(8) Shared Driveways/Access
(a) In order to minimize the number of driveway curb cuts on Mount Willing
Road, thereby improving traffic flow and safety, developments subject to
this Section, fronting on Mount Willing Road, and located contiguous to
one another shall provide shared driveways/access whenever feasible,
as determined during site plan review.
(i) Methods to achieve shared driveways/access may include
reciprocal easement agreements among property owners,
reservation of future access easements on property being
developed, or other methods determined during site plan review.
(ii) The location of shared driveways shall be determined during site
plan review. Shared driveways do not necessarily need to be
located at the front of lots if rear or side access is proposed and
feasible.
(9) All driveway entrances must have an approved NCDOT driveway permit and
must be paved to NCDOT standards from the edge of the existing roadway
pavement to the existing right-of-way limit on the interior of the property.
(10) Pedestrian Circulation
(a) Unless deemed unnecessary by the Planning Director during site plan
review, large projects, defined in (b), may be encouraged to provide an
internal pedestrian circulation system, owned and maintained by the
property owner. The system may be encouraged to provide pedestrian
walkways to outparcels and also within any large parking areas.
(b) For the purposes of this subsection, a large project is defined as one
located on 5 or more acres or proposing more than 50,000 square feet of
building area. A large parking area is one containing parking for 100 or
more vehicles.
(B) Landscaping and Buffering
In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following
standards shall apply:
(1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways
comprised of vegetation that complements surrounding plantings and which
includes trees planted in accordance with Section 6.8 where possible.
62
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-33
(2) There shall be a minimum 15 feet wide vegetative buffer along all common
property lines separating non-residential and residential land uses. The required
plantings shall be in accordance with those required for Buffer Yards Type A
outlined within Section 6.8 of this Ordinance.
(3) There shall be a minimum eight feet wide landscaped strip along all property
lines separating non-residential uses from non-residential uses. The landscaped
strip shall be comprised of vegetation that forms a semi-opaque intermittent
visual obstruction from the ground to a height of at least 15 feet, except in
required sight triangles. Joint use agreements between adjacent property owners
for shared ingress/egress and/or parking may result in a waiver regarding the
exact location(s) of the required buffers.
(4) The provisions of this subsection do not waive the buffer requirements found in
Section 6.6.5 4 (Major Transportation Corridor).
(C) Architectural Design Standards
(1) In addition to the requirements in Section 6.5 (Architectural Design Standards),
the external design of chain businesses should consider and complement the
existing community character.
(D) Signage
(1) Signage shall conform to requirements within Section 6.12 of this Ordinance
unless in conflict with this subsection, in which case the requirements of this
subsection shall apply.
(2) The sign area of signs may be up to 64 square feet in size.
6.6.46.6.3 Efland Village
(A) Circulation and Connectivity
(1) Shared Driveways/Access for Properties Fronting on U.S. Highway 70
(a) In order to minimize the number of driveway curb cuts on U.S. Highway
70, thereby improving traffic flow and safety, developments subject to
this Section, fronting on U.S. Highway 70, and located contiguous to one
another shall provide shared driveways/access whenever feasible, as
determined during site plan review.
(i) Methods to achieve shared driveways/access may include
reciprocal easement agreements among property owners,
reservation of future access easements on property being
developed, or other methods determined during site plan review.
(ii) The location of shared driveways shall be determined during site
plan review. Shared driveways do not necessarily need to be
located at the front of lots if rear access is proposed and
feasible.
(2) In order to manage access on public streets, sites which include new
construction or additions increasing the square footage of a building by more
than 50% should be permitted no more than one entrance and exit point unless
justified by:
(a) site configuration;
(b) trip generation;
(c) traffic conditions, including the need for separate service and
visitor/employee vehicular access, and/or one-way traffic movement; or
(d) other factors.
63
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-34
(3) Intra-site accessibility should be provided. Vehicles should not be required to
enter the public street in order to move from one area to another on the same
site.
(a) This standard applies to new construction or additions that increase the
square footage of a building by more than 50% of the existing square
footage.
(4) On all corner lots, no vehicular openings shall be located closer than 60 feet from
the point of intersection of the street right-of-way lines.
(5) Driveway entrances/exits shall not exceed 36 feet in width measured at the
property line; however, in instances where parking lots serve tractor/trailer traffic,
the driveway entrance/exit may be increased to 40 feet in width.
(6) Exits for parking facilities containing more than 36 parking spaces shall contain
holding lanes for left-turning and right-turning traffic unless the Planning Director
determines that due to the physical features of a site, holding lanes would be
unsafe and should not be required.
(7) All driveway entrances must have an approved NCDOT driveway permit and
must be paved to NCDOT standards from the edge of the existing roadway
pavement to the existing right-of-way limit on the interior of the property.
(8) Pedestrian Circulation
(a) Unless deemed unnecessary by the Planning Director during site plan
review, large projects, defined in (b), may be encouraged to provide an
internal pedestrian circulation system, owned and maintained by the
property owner. The system may be encouraged to provide pedestrian
walkways to outparcels and also within any large parking areas.
(b) For the purposes of this subsection, a large project is defined as one
located on 2 or more acres or proposing more than 15,000 square feet of
building area. A large parking area is one containing parking for 50 or
more vehicles.
(B) Outside Storage of Materials Prohibited
(1) All outside storage of materials on lots other than those used for single-family
detached residential purposes is prohibited.
(2) This prohibition includes the storage of goods or materials which are not an
integral part of the use of the property and which are not obviously for sale.
(3) This prohibition does not include the storage of materials where the primary use
of the property includes the outside display of goods for sale such as
automobiles, boats, mobile homes, etc., and the materials stored outside are for
sale.
(C) Landscaping and Buffering
In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following
standards shall apply:
(1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways
comprised of vegetation that complements surrounding plantings and which
includes trees planted in accordance with Section 6.8 where possible.
(a) Parcels fronting on U.S. Highway 70 shall provide buffer plantings in
accordance with those required for Buffer Yards Type A outlined within
Section 6.8 of this Ordinance.
64
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-35
(2) There shall be a minimum 15 feet wide vegetative buffer along all common
property lines separating uses subject to the requirements of this overlay district
and single family detached residential land uses. The required plantings shall be
in accordance with those required for Buffer Yards Type A outlined within Section
6.8 of this Ordinance.
(3) There shall be a minimum eight feet wide landscaped strip along all property
lines separating non-residential uses from non-residential uses. The landscaped
strip shall be comprised of vegetation that forms a semi-opaque intermittent
visual obstruction from the ground to a height of at least 15 feet, except in
required sight triangles. Joint use agreements between adjacent property owners
for shared ingress/egress and/or parking may result in a waiver regarding the
exact location(s) of the required buffers.
(4) Although portions of the Efland Village Overlay District are also within the Major
Transportation Corridor Overlay District, the buffer requirements found in Section
6.6.5 4 (Major Transportation Corridor) do not apply since said section applies
only to properties that abut the interstate.
(D) Parking Lot Design
(1) Up to 15% of the required parking spaces may be located in the front yard. The
remainder of the required parking spaces shall be located at the side or rear of
the structure.
(a) Existing buildings that change use shall comply with this requirement to
the extent feasible, as determined during the site plan submittal process.
(2) Shared parking areas shall be encouraged for contiguous non-residential land
uses, in accordance with Section 6.9 of this Ordinance.
(3) Parking areas with spaces in excess of 110% of the minimum parking spaces
required, per Section 6.9 of this Ordinance, shall not be permitted.
(4) Interior landscaping of the parking lots shall be provided in accordance with
Section 6.8 of this Ordinance.
(E) Signage
(1) Signage shall conform to the requirements within Section 6.12 of this Ordinance
unless in conflict with this subsection, in which case the requirements of this
subsection shall apply.
(2) The height limit of signs is 15-feet, as measured from the normal ground
elevation below the sign.
(3) The sign area of signs may be up to 64 square feet in size.
(4) Digital signs shall not be permitted except as an incidental addition to a permitted
sign.
(5) Portable signs and banner signs are allowed only for special events and may be
displayed no sooner than 30 days prior to the event and must be removed within
7 days after conclusion of the event.
(6) New single pole signs are not permitted. Single pole signs existing as of April 7,
2015 shall be considered conforming uses and may be replaced if they are
damaged or destroyed.
(F) Architectural Design Standards
In addition to the requirements in Section 6.5 (Architectural Design Standards), the
following design standards shall apply:
(1) Corporate Franchise Architecture
65
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
Orange County, North Carolina – Unified Development Ordinance Page 6-36
(a) Under no circumstances shall modern corporate franchise building
design be permitted.
(b) Franchise or 'chain' businesses desiring to locate in the Efland Village
Overlay District shall be required to design the building in accordance
with these guidelines.
(c) For purposes of this Sub-Section, "modern corporate franchise building
design" means a building design that is trademarked, branded, or easily
identified with a particular chain or corporation and is ubiquitous in
nature.
(2) Human Scale and Fenestration
(a) New buildings shall be designed to contribute to a human scale. Large
expanses of blank walls shall be discouraged and fenestration (the
arrangement, proportioning, and design of windows and doors in a
building) and/or design features (such as brick coursing changes,
decorative architectural features, patterns of paint, or murals) shall
should be provided in such a way that a building is relatable to humans
and does not overpower the area.
(b) Additions to existing non-residential buildings should be designed to both
complement the existing building and achieve human scale to the extent
feasible.
(c) The functional use of the building should be considered when
determining design features and fenestration.
(3) Mirrored glass is discouraged and in no case shall comprise more than 50% of
the building façade.
6.6.56.6.4 Major Transportation Corridor (MTC)
(A) Landscaping and Buffers
In addition to the requirements set forth in Section 6.8 of this Ordinance, the following
standards shall be met:
(1) A minimum of 100 feet of buffer area from the edge of the interstate highway’s
right of way, shall be preserved. The purpose of this buffer is to protect, preserve
and promote the visual appeal, character and value of land adjacent to major
transportation facilities; to provide for the separation of spaces; and to promote
the public health, safety and welfare through minimizing potential nuisances such
as the transmission of noise, odor, dust, litter and glare of lights.
(2) In areas of dense mature forest, existing vegetation may be used to fulfill the
buffer requirements. Where there is no existing vegetation in the buffer area, or
if existing vegetation does not provide a sufficient buffer, all proposed plantings
must be shown on the landscape plan to fulfill the buffer requirement. The new
plantings shall be predominantly evergreen and shall reach a mature size of at
least 30 feet. New trees shall be located so as to establish at maturity a
continuous screen in the 100 foot buffer area along the adjacent interstate
highway.
(3) Landscaping shall be in accordance with an approved landscaping plan.
(4) Any areas left in a natural state shall remain undisturbed except as follows:
(a) Within the buffer areas, necessary ingress, egress and utility service may
be allowed, but no other disturbance for site improvements shall be
permitted.
(b) Selective clearing of vegetation may be allowed only to remove diseased
trees or trees weakened by age, storm, fire or other injury.
66
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-146
same side of the road itself or the opposite side, such that no private
easement would be required to allow the property owner to connect and
within 500 feet of the structure to be connected;
(3) The structure or property to be connected is within the Water and Sewer
Management Planning and Boundary Agreement Primary Service Area for
Orange County;
(4) The North Carolina Department of Transportation is willing to grant an
encroachment into public road right-of-way for the purpose of connecting to the
public sewer system, if necessary.
(B) If the structure or property is situated below the elevation necessary to obtain a one-
percent grade in the sewer connection line, but is otherwise accessible to a public sewer
as provided in (A) above, the owner shall provide a private sewage pumping station.
Design and installation of the pumping station shall adhere to all State and local plumbing
and other building codes, in addition to adhering to all the connection requirements and
standard specifications of the governing sewer use ordinance.
(C) If an existing septic facility is determined by the Orange County Environmental Health
Department to have failed (or be inadequate for the current or proposed use) and the
property is accessible to a public sewer system as provided in (A), the owner shall be
required to connect to the public sewer system unless a viable repair area can be
identified on the property. If a viable repair area is identified on the property, the owner
shall not be required to connect to the public sewer system, but may choose to connect if
so desired.
(D) There shall be no such connection requirement for any structure or property if an
adequate septic facility is currently in use and in good working order.
SECTION 6.21: FLOOD REGULATIONS26
6.21.1 Intent
The intent of this overlay districtthese regulations 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;
(D) Control filling, grading, dredging, and all other development, which may increase erosion
or flood damage; and
(E) Prevent or regulate the construction of flood barriers, which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
6.21.2 Objectives
The objectives of this overlay district are to:
26 This new section combines existing regulations from Section(s) 4.3 and 6.6.1. Existing text is shown in
underlined red text to denote the move. Changes to this existing text shall be denoted in underlined or
strikethrough blue text.
Formatte
Formatte
67
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-147
(A) Protect human life, safety, and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(D) Minimize prolonged business losses and interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, cable and other communication facilities, and sewer lines, streets, and bridges
located in flood prone areas;
(F) Minimize damage to private and public property due to flooding;
(G) Make flood insurance available to the community through the National Flood Insurance
Program (NFIP);
(H) Maintain the natural and beneficial functions of floodplains;27
(I) Help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and
(J) Ensure that potential homebuyers are notified that property is in a Special Flood Hazard
Area.
6.21.3 Findings of Fact
(A) The flood prone or Special Flood Hazard Areas (SFHA) areas within the planning
jurisdiction of Orange County are subject to periodic inundation, which results in loss of
life, property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures of flood protection and relief, and impairment
of the tax base, all of which adversely affect the public health, safety, and general
welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood prone
areas by uses vulnerable to floods or hazards to other lands, which are inadequately
elevated, flood proofed, or otherwise unprotected from flood damages.
6.21.4 Applicability and Basis for Establishment
Regulations pertaining to this overlay district shall apply to all SFHAs within the planning
jurisdiction of Orange County and within the jurisdiction of any municipality within Orange County
whose governing body has duly authorized its application within its municipal, or extraterritorial
jurisdictional, boundaries in accordance with North Carolina law.These regulations shall apply to
all SFHAs within the County’s planning jurisdiction as detailed in Section 1.1.3 of this
Ordinance.28
Basis for Establishment29
The SFHA are those identified by the FEMA or produced under the Cooperating
Technical State agreement between the State of North Carolina and FEMA or Flood
Insurance Study (FIS) and its accompanying FIRMs for Orange County dated February 2,
2007, with incorporation of Letters of Map Amendments 07-04-6156R, 08-04-2897A, 08-
04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06-
04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115-
CWG (C) dated May 16, 2008, which with accompanying supporting data, including
27 Subsection(s) (F), (G), and (H) have been added to address modifications to the FEMA model flood ordinance.
28 Staff is proposing to move all language address the applicability of flood regulations to a central section of the
UDO, in this case Section 1.1.3.
29 All of this information is now contained in Section 1.1.3 of this Ordinance.
Formatte
Formatte
Formatte
68
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-148
Letters of Map Amendment or Revision and Summary of Map Amendments, are adopted
by reference and declared to be a part of this Ordinance.
The SFHA also include those defined through standard engineering analysis for private
developments or by governmental agencies, but not incorporated into the FIRM. This
includes, but is not limited to:
Detailed flood data generated as a requirement of Section 1.10.2 (K) and (L) of
this Ordinance;
Preliminary FIRMs where more stringent than the effective FIRM; or
Post-disaster Flood Recovery Maps, if available.
6.21.5 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or developed,
improved, or maintained in any way without full compliance with the terms of the regulations
pertaining to the SFHA the provisions of this section and other applicable regulations.
6.21.6 Special Flood Hazard Areas (SFHA)30
(A) Provisions for Flood Hazard Reduction
In all SFHAs the following additional standards shall be met:
(1) All new construction and substantial improvements shall be designed and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to minimize flood damage.
(3) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damages.
(4) All Eelectrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment and facilities shall be located at or above the Regulatory
Flood Protection Elevation (RFPE) or designed and installed/or located so as to
prevent water from entering or accumulating within the components during
conditions of floodingthe occurrence of the base flood. These include but are not
limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork,
electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers,
refrigerator, etc.), hot water heaters, and electric outlets/switches.
(a) Replacements part of a substantial improvement, electrical, heating,
ventilation, plumbing, air conditioning equipment, and other service
equipment shall also meet the above provisions.
(b) Replacements that are for maintenance and not part of a substantial
improvement may be installed at the original location provided the
addition and/or improvements only comply with the standards for new
construction consistent with the code and requirements for the original
structure.
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
30 The Special Flood Hazard Area is referenced throughout the FEME model flood ordinance and is defined within
Article 10 of the UDO as: The land in the floodplain subject to a 1% or greater chance of being flooded in any given
year as determined in Section 1.1.3 of this Ordinance, as defined by the base flood elevation. The mapped special
flood hazard area approximates the base flood elevation . Staff is comfortable recommending we keep the
reference to flood prone areas.
Formatte
69
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-149
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters.
(7) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
Any alteration, repair, reconstruction, or improvements to a structure, which
complies with the provisions of this Ordinance, shall meet the requirements of
“new construction” as contained in this Ordinance.
Unless reviewed and approved in accordance with the provisions in Article 2 and
Article 5 for Class A Special Use Permits, new solid waste disposal facilities,
hazardous waste management facilities, salvage yards, and chemical storage
facilities shall not be permitted in SFHAs.31
(8) Fuel and Chemical Storage
(a) With the exception of structures or tanks used for chemical and/or fuel
storage incidental and necessary to the daily operations of a water
treatment plant or wastewater treatment facility, the storage of the
following chemicals and compounds shall be prohibited within SFHAs:
(i) Acetone,
(ii) Ammonia,
(iii) Benzene,
(iv) Calcium carbide,
(v) Carbon disulfide,
(vi) Celluloid,
(vii) Chlorine,
(viii) Hydrochloric acid,
(ix) Prussic acid,
(x) Magnesium,
(xi) Nitric acid,
(xii) Oxides of nitrogen,
(xiii) Phosphorus,
(xiv) Potassium,
(xv) Sodium,
(xvi) Sulfur,
(xvii) Acetylene gas,
(xviii) Gasoline and any petroleum product,
(xix) Lumber,
(xx) Charcoal or coal dust,
(xxi) Polychlorinated biphenyls (PCBs),
31 Staff is recommending deletion of this provision. These types of facilities should not be located in areas of the
County prone to flooding due to the potential impact on surrounding property owners. Further, as the County
already prohibits storage of various chemicals and specified land uses there is no reason to allow for
solid/hazardous waste disposal facilities, junk/salvage yards, and chemical storage facilities within the SFHA.
70
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-150
(xxii) Poly nuclear aromatic
(xxiii) Volatile organic compounds (VOCs), or
(xxiv) Any priority pollutants listed in Table 1 of Section 307 of the
Clean Water Act (P.L. 92-500), as amended
(b) Where chemicals and fuel are necessary for the operation of water
and/or wastewater treatment facilities, the storage structure or tank may
be located within a SFHA overlay provided it is either elevated or flood
proofed in accordance with the standards contained herein and certified
in accordance with Section 2.6.4 of this Ordinance.
(9) The following facilities shall be prohibited in SFHAs:
(a) Hospitals,
(b) Nursing homes,
(c) Foster care facilities,
(d) Sheriff’s facilities,
(e) Fire stations,
(f) Emergency operations centers,
(g) Solid waste disposal facilities,
(h) Hazardous waste management disposal facilities,
(i) Junk/salvage yards,
(j) Chemical storage facilities, and
(k) Vehicle and equipment storage facilities.
(10) Any inhabited structure within any SFHA shall have unobstructed, dry access
during a regulatory flood event.
(11) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement
of a building or structure existing on the effective date of this Ordinance and
located totally or partially within the floodway, non-encroachment area, or stream
setback, provided there is no additional encroachment below the RFPE in the
floodway, non-encroachment area, or stream setback and provided that such
repair, reconstruction, or replacement meets all of the other requirements of this
section and the Ordinance.32
(12) When a structure is partially located in a SFHA, the entire structure shall meet
the requirements for new construction and substantial improvement.33
(13) New fill material within any SFHA shall be prohibited except as part of a roadway
construction project consistent with the standards contained herein. 34
(14) Grading activities within any SFHA shall be prohibited except as part of a
roadway construction project consistent with the standards contained herein.35
32 Language taken from the revised FEMA model flood ordinance.
33 New language taken from the new model flood ordinance.
34 Staff is recommending adding language recognizing the potential need for the use of fill material and/or grading
activities in the SFHA connected to the development of a road. Please note roadway projects are required to
adhere to a heightened review process as detailed herein, including review and approval of the project by State
FEMA officials.
35 Staff has always relied on existing regulations prohibited development activity within, as well as requiring the
preservation of a stream/floodplain buffer around, identified SFHA as a means of denoting no grading activity
Formatte
Formatte
Formatte
Formatte
71
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-151
(15) Public utilities and facilities shall be constructed to minimize flood damage
consistent with these and all other applicable County regulations.
(16) In cases where development is otherwise allowed within identified SFHA’s,
adequate drainage shall be provided.
(17) When a structure is located in a SFHA with multiple Base Flood Elevations
(BFEs), the provisions for the highest BFE shall apply.
(B) Specific Standards Where Base Flood Elevation (BFE) Data Provided
In all SFHAs where BFE data has been provided, as set forth in Section 1.10 or 4.3, the
following standards shall be met:
(1) Residential Construction
(a) New construction within the SFHA shall be prohibited.
(b) Substantial improvement of any existing residential structure (including
manufactured homes) shall require the reference level, including
basement, elevated no lower than two feet above the regulatory flood
protection elevation, as defined in Article 10 of this Ordinance.
(c) Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to automatically facilitate equalization of hydrostatic
flood forces on exterior walls shall be provided pursuant to Section 2.6.3.
(2) Non-Residential Construction
(a) New construction within the SFHA shall be prohibited.
(b) Substantial improvement of any existing commercial, industrial, or other
non-residential structure shall have the reference level, including
basement, elevated no lower than the regulatory flood protection
elevationRFPE.
(c) Structures located in the AE Zone may be flood proofed no lower than
two feet above the level of the base flood elevationto the RFPE in lieu of
elevation provided that all areas of the structure below the required flood
protection elevation, together with attendant utility and sanitary facilities,
below the RFPE are watertight with walls substantially impermeable to
the passage of water, using structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy.
(d) A North Carolina licensed Professional Engineer or Architect shall certify
that the standards of this subsection are satisfied. Such certification
shall be provided to the official as set forth in Section 2.6.
(3) Manufactured Homes
(a) Replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the regulatory
flood protection elevation.
(b) Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, or lateral movement
according to the State of North Carolina Regulations for
Manufactured/Mobile Homes, 1995 Edition, and any revision thereto
adopted by the Commissioner of Insurance pursuant to NCGS ξ143-
143.15 or a certified engineered foundation.
would be permitted. Given recent discussions with State FEMA staff, it was deemed prudent to specify a
prohibition on grading activities as part of this update.
72
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-152
(c) When the elevation would be met by an elevation of the chassis 36
inches or less above the grade at the site, reinforced piers or other
foundation elements of at least equivalent strength shall support the
chassis.
(d) When the elevation of the chassis is above 36 inches in height, an
engineering certification is required.
(e) All foundation enclosures or skirting below the lowest floor shall comply
with the standards in Section 2.6.4.
(f) An evacuation plan must be developed for evacuation of all residents of
all new, substantially improved or substantially damaged manufactured
home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management coordinator.
(4) Road and Driveway Crossings
(a) Any public road, private road, or driveway crossing a SFHA shall require
a ‘No-Impact’ certification approval from the North Carolina Emergency
Management Division before any building permits can be issued for new
construction which derive their vehicular access from such public roads,
private roads, or driveways.
(b) If the “No- Impact” certification data demonstrate that the Base Flood
Elevation will rise more than one vertical foot, then the developer shall
file a Conditional Letter of Map Revision with the North Carolina Division
of Emergency Management for review and approval. Before any building
permit can be issued for the improvements associated with the crossing,
an approved Letter of Map Revision shall be on file in the Planning and
Inspections Department.
(5) Recreational Vehicles
Recreation vehicles placed on sites within a SFHA shall be consistent with either
of the following:
(a) Be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities, and has no permanently attached additions); or
(b) Meet all the requirements for new construction, including anchoring and
elevation requirements of Section 2.6 and Section 6.6.1(B)(3) of this
Ordinance.
(6) Fully Enclosed Areas Below Regulatory Flood Protection Elevation (RFPE)
(a) With the new construction or 36substantial improvement of elevated
buildings, fully enclosed areas that are below the regulatory flood
protection elevation RFPE shall not be used for human habitation, but
shall be designated for use only as follows:
(i) For parking of vehicles,
(ii) Building access, or
(iii) Limited storage of maintenance equipment used in connection
with the premises.
36 This language is inconsistent with our current policy prohibiting new construction/development within the SFHA.
As a result staff is recommending deletion of same.
73
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-153
(b) Such spaces shall be constructed entirely of flood resistant materials
below the regulatory flood protection level in the AE zone and meet the
following criteria:
(i) Shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the foundation must
either be certified by a North Carolina licensed Professional
Engineer or Architect or meet the following minimum design
criteria:
a. Provide a minimum of two openings on different sides of
each enclosed area subject to flooding;
b. The total net area of all openings must be at least one
square inch for each square foot of enclosed area
subject to flooding;
c. If a building has more than one enclosed area, each
area must have openings on exterior walls to allow
floodwaters to directly enter and exit;
d. The bottom of all required openings shall be no higher
than one foot above the adjacent grade;
e. Openings may be equipped with screens, louvers, or
other opening coverings or devices provided they permit
the automatic flow of floodwaters in both directions; and
f. Foundation enclosures made of flexible vinyl or sheet
metal skirting are not considered enclosures for
regulatory and flood insurance rating purposes, and
therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is
considered an enclosure and requires hydrostatic
openings as outlined above to comply with this
Ordinance.
(ii) The enclosed areas shall be used solely for parking of vehicles,
building access, or storage.
(iii) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway or
elevator).
(iv) The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
(v) Property owners shall be required to execute and record a non-
conversion agreement prior to issuance of a building permit
declaring that the area below the lowest floor shall not be
improved, finished, or otherwise converted to habitable space.
Orange County shall have the right to inspect the enclosed area
on an annual basis to confirm compliance with this agreement.
This agreement shall be recorded within the Orange County
Registrar of Deeds and shall transfer with the property in
perpetuity.37
37 This is new, optional, language referenced within the FEMA model flood ordinance staff is recommending for
adoption. Implementation of this provision will result in additional credits for Orange County through the
Community Rating System (CRS) program, which helps to reduce flood insurance premiums for local residents
through the enforcement of flood damage prevention policies and regulations. Our continued efforts over the
years have resulted in a 20% reduction in flood insurance premiums for local policy holders.
74
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-154
a. If a proeprty bound by a non-conversion agreement is
modified to remove the enclosed areas below the RFPE,
the owner may request release from the agreement after
staff inspection and submittal of confirming
documentation.
(7) Temporary Non-Residential Structures
Prior to the issuance of a floodplain development permit for a temporary
structure, the applicant shall submit in writing for the review and approval of the
Floodplain Administrator, a plan for the removal of such structure(s) in the event
of a hurricane or flash flood warning notification. The plan shall include the
following information:
(a) A specified time period for which the temporary use will be permitted.
Time specified may not exceed three months.;
(b) The name, address, and phone number of the individual responsible for
the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be removed
(i.e., minimum of 72 hours before landfall of a hurricane or immediately
upon flood warning notification);
(d) A copy of the contract or other suitable instrument with a trucking
company to ensure the availability of removal equipment when needed;
and
(e) Designation, accompanied by documentation, of a location outside the
SFHA to which the temporary structure will be moved.
(8) Accessory Structures
When accessory structures (sheds, detached garages, etc.) are to be placed
within near38 a SFHA, the following criteria shall be met:
(a) Accessory structures, other than efficiency apartments as detailed in
Section 5.5.2 of this Ordinance, shall not be used for human habitation
(including work, sleeping, living, cooking or restroom areas);
(b) Accessory structures shall be designed to have low flood damage
potential;
(c) Accessory structures shall be constructed and placed on the building site
so as to offer the minimum resistance to the flow of floodwaters;
(d) Accessory structures shall be firmly anchored in accordance with this
Section;
(e) All service facilities such as electrical and heating equipment, shall be
installed in accordance with this Section;
(f) Openings to relieve hydrostatic pressure during a flood shall be provided
conforming to the requirements of this Section;
(g) An accessory structure with any dimension that is 12 feet or less in
height, width, or depth does not require an elevation or flood proofing
certificate. Elevation or flood proofing certifications are required for all
other accessory structures according to Section 2.6.4; and
(h) The accessory structure shall meet all zoning and building code
requirements.
38 Staff is eliminating an existing conflict. Current regulations do not permit new construction/development within
the SFHA. Language in this section would seem to indicate we allow for accessory structures within the SFHA.
Staff has determined this was not our intent and have modified this section accordingly.
Formatte
75
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-155
(9) Additions/Improvements
(a) Where a fire wall or independent perimeter load-bearing wall is provided
between the addition and the existing building, the addition(s) shall be
considered a separate building and only the addition need comply with
the standards for new construction.
(b) Pre-FIRM Structures
(i) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, as defined, and do not
require a zoning or building permit, the addition and/or
improvements shall be designed to minimize flood damages and
shall not be any more non-conforming than the existing structure.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are
considered a substantial improvement as defined, requiring a
zoning or building permit, both the existing structure and the
addition and/or improvements shall comply with the standards for
new construction.
(c) Post-FIRM Structures
(i) Additions to post-FIRM structures with no modifications to the
existing structure shall require only the addition to comply with
the standards for new construction.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, the addition and/or
improvements only must comply with the standards for new
construction.
(iii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are
considered a substantial improvement, both the existing
structure and the addition and/or improvements must comply
with the standards for new construction.
(d) 39Any combination of repair, reconstruction, rehabilitation, addition or
improvement of a building or structure taking place during a five year
period, the cumulative cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started
must comply with the standards for new construction. For each building
or structure, the 5 year period begins on the date of the first improvement
or repair of that building or structure subsequent to the effective date of
this ordinance. Substantial damage also means flood-related damage
sustained by a structure on two separate occasions during a 10-year
period for which the cost of repairs at the time of each such flood event,
on the average, equals or exceeds 25 percent of the market value of the
structure before the damage occurred. If the structure has sustained
substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The requirement does
not, however, include either:
39 This provision is optional, but will be required for flood insurance policy holders to be eligible for Increased Cost
of Compliance (ICC) benefits for repetitive losses. From staff’s perspective the addition of this standard is essential
to ensure local property owners within flood insurance are continuing to be eligible for applicable benefits under
their flood policies.
76
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-156
(i) Any project for improvement of a building required to correct
existing health, sanitary or safety code violations identified by the
building official and that are the minimum necessary to assume
safe living conditions.
(ii) Any alteration of a historic structure provided that the alteration
will not preclude the structure’s continued designation as a
historic structure.
(C) Floodway and Non-encroachment Areas
(1) Areas designated as floodways or non-encroachment areas are located within
the SFHA established in Section 4.31.1.3 of this Ordinance.
(2) The floodways and non-encroachment areas are extremely hazardous areas due
to the velocity of floodwaters that have erosion potential and carry debris and
potential projectiles.
(3) The following provisions shall apply to all development within such areas:
(a) No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analyses,
performed according to standard engineering practice, that the proposed
encroachment would not result in any increase in the flood levels during
the occurrence of the base flood. Such certification and technical data
shall be presented to the Floodplain Administrator before issuance of
floodplain development permit.
(b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR),
then a Letter of Map Revision (LOMR) must also be obtained upon
completion of the proposed encroachment.
(c) No manufactured homes shall be permitted.
(D) Subdivisions, Manufactured Home Parks, and Major Developments
All subdivisions, manufactured home parks, and major development proposals located
within SFHAs shall:
(1) Be consistent with the need to minimize flood damage.
(2) Have public utilities and facilities such as sewer, gas, electric, cable, and water
systems located and constructed to minimize flood damage.
(3) Have adequate drainage provided to reduce exposure to flood hazards.
(4) Have provided all Base Flood Elevation (BFE) data provided if development
exceeds either 50 lots/units or five acres. Such BFE data shall be adopted by
reference per Section 4.31.1.3 of this Ordinance.40
Additional Standards for Development of Uses Within Special Flood Hazard Area
Overlay District (SFHA)41
40 Staff is recommending we eliminate the identified unnecessary and conflicting language. All flood areas (i.e.
SFHA) are required to be left undisturbed and protected by open space areas (i.e. primary open space in a
subdivision). Further we require all applicable data for a project located on a property encumbered by SFHA. As a
result providing some exemption from the requirement based on acreage/number of units is inconsistent with
established regulations.
41 This section is recommended for deletion given staff’s recommendation to prohibit development of
solid/hazardous waste management facilities, salvage/junk yards, and chemical storage facilities within a SFHA.
Formatte
Formatte
77
Article 6: Development Standards
Section 6.21: Flood Regulations
Orange County, North Carolina – Unified Development Ordinance Page 6-157
The Board of County Commissioners may issue a Class “A” Special Use Permit
for solid waste disposal facilities, hazardous waste management facilities,
salvage/junk yards, and chemical storage facilities that are located in SFHAs, in
accordance with the Table of Permitted Uses, if all of the following conditions are
met:
The use serves a critical need in the Orange County.
No feasible location exists for the use outside the SFHA.
The reference level of any structure is elevated or flood proofed to at
least the regulatory flood protection level.
The use complies with all other applicable federal, state and local laws.
Orange County has notified the Secretary of the North Carolina
Department of Crime Control and Public Safety of its intention to grant a
Special Use Permit at least 30 days before granting the permit.
The Board of County Commissioners is required to make affirmative findings of
fact based on the testimony of the applicant(s) as to the project’s compliance with
these standards.
(E) Effect Upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit has been granted by the Floodplain Administrator or his/her
authorized agents before the time of passage of this Ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of six
months subsequent to passage of this Ordinance or any revision thereto, construction or
use shall be in conformity with the provisions of this Ordinance.
(F) Enforcement
The provisions of the SFHA Overlay District shall be enforced in accordance with the
requirements contained within Section 9.7 of this Ordinance.
From our standpoint allowing for same is inconsistent with the overall purpose and intent of the County’s
floodplain management program.
78
Article 9: Enforcement
Section 9.8: Soil Erosion and Sedimentation Control
Orange County, North Carolina – Unified Development Ordinance Page 9-8
owner shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter.
(C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate,
or demolish the structure; or to remove fill as appears appropriate.
9.7.2 Order to Take Corrective Action
(A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall find that the structure or development is in violation of this Ordinance,
he or she shall make an order in writing to the owner, requiring the owner to remedy the
violation within a specified time period, not less than 60 days.
(B) Where the Floodplain Administrator finds that there is imminent danger to life or other
property, he or she may order that corrective action be taken in such lesser period as
may be feasible.
(C) In the absence of an appeal (see Section 2.27.7), the order of the Floodplain
Administrator shall be final.
9.7.3 Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take corrective action from
which no appeal has been filed, or fails to comply with an order of the governing body following
an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the
discretion of the court. If the owner of a building or property fails to comply with an order to take
corrective action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant
to NC G.S. § 143-215.58 and shall be punished at the discretion of the court
SECTION 9.8: SOIL EROSION AND SEDIMENTATION CONTROL
9.8.1 Inspections and Investigations
(A) Site Inspections
Agents, officials, or other qualified persons authorized by the County will periodically
inspect land-disturbing activities to ensure:
(1) Compliance with the North Carolina Sedimentation Pollution Control Act of 1973
(“Act” in this Section), this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance;
(2) The measures required in the plan are effective in controlling erosion and
sediment resulting from land-disturbing activity.
Notice of the right to inspect shall be included in the letter of approval of each Erosion
Control Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
(1) No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or
attempting to inspect a land-disturbing activity under this section.
(2) The Erosion Control Officer shall have the power to conduct such investigations
as deemed reasonably necessary to carry out the duties as prescribed in this
Ordinance, and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigating and inspecting the sites of any
land-disturbing activities.
(3) No person shall refuse entry or access to any authorized representative or agent
of the County who requests entry for purposes of inspection, and who presents
appropriate credentials, nor shall any person obstruct, hamper or interfere with
any such representative while in the process of carrying out their official duties.
79
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.
Addition
In the context of an existing building or structure, the term means an extension or increase in the floor
area or height.
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
Formatte
Formatte
Formatte
80
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-3
Agricultural Services
Commercial activities offering goods and services which support production of agricultural products or
processing of those products to make them marketable. Examples include, but are not limited to, soil
preparation, animal and farm management, landscaping and horticultural services, specialized
commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden
products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith,
welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting
halls, storage of agricultural supplies and products, and processing plants for agricultural products
including wineries and canneries.
Agricultural Water Uses
The use of waters for stock watering, irrigation and other farm purposes.
Agritourism
A business directly related or incidental to agricultural activities occurring on the bona fide farm on which
it is located and conducted for the enjoyment or education of the public.
Airport (Heliport: S.T.O.L. Port), Air Carrier
A public airport served by a certified air carrier. This includes any runways, land areas or other facilities
designed or used for landing, taking off, processing passengers or cargo.
Airport, Commuter Service (Heliport: S.T.O.L. Port)
A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which
enplaned 2500 or more passengers in the preceding calendar year.
Airport, General Aviation (Heliport: S.T.O.L. Port)
A public airport serving aviation other than airlines. This includes any runway, land area, or other facility
designed or used for the landing and taking off of small aircraft.
Alteration of a watercourse
Means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change
in cross-sectional area of the channel or the channel capacity, or any other form of modification which
may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during
conditions of the base flood.42
Anchoring
The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to
wind, erosion, flooding, or other natural forces.
Appeal
A request from a review of an administrative interpretation of any provision of this Ordinance by the Board
of Adjustment.
Applicator
Any person, firm, corporation, wholesaler, retailer, distributor, any local, state or federal governmental
agency, or any other person who applies fertilizer to the land of a consumer, or client, or to land they own,
or to land they lease or otherwise hold rights.
Area of Shallow Flooding
A designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths
determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel
42 Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance
prepared by FEMA.
Formatte
underline,
Formatte
Formatte
color: Auto
Formatte
Formatte
underline,
Formatte
color: Blue
Formatte
Formatte
Formatte
81
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-4
does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow
may be evident.43
Area of special flood hazard
See “Special Flood Hazard Area (SFHA) Overlay District”
Area of Future-Conditions Flood Hazard
The land area that would be inundated by the 1-percent-annual-chance (100- year) flood based on future-
conditions hydroloyhydrology.44
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
Auditorium
A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums,
coliseums, athletic centers, theaters and arenas.
Bed and Breakfast Inn
See “Rural Guest Establishments.”
Base flood
The flood having a 1% chance of being equaled or exceeded in any given year. It is often referred to as
the 100-year flood.
Base flood elevation (BFE)
A determination of the water surface elevations of the base flood as published in the Flood Insurance
Study of the water surface elevations of the base flood. When the BFE has not been provided in a
“Special flood Hazard Area” (see definition) it may be obtained from engineering studies available from a
Federal, State, or other source using FEMA approved engineering methodologies. 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.
43 Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance
prepared by FEMA
44 The 2017 revised model flood ordinance identifies this definition as being options for adoption by local
communities. Staff is recommending we incorporate same into the UDO.
Formatte
Formatte
underline,
Formatte
color: Blue
Formatte
Formatte
Formatte
color: Auto
Formatte
Formatte
color: Auto
Formatte
color: Auto
82
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-9
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, Large
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.
Design Flood
See “Regulatory Flood Protection Elevation.”
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
by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid,
or similar device, for construction of public sewer facilities).
Formatte
Formatte
Formatte
Auto
83
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-10
Detention Pond
A engineered stormwater control consisting of a pond constructed and maintained in accordance with
Appendix A of this Ordinance, which allows for pollutants to settle and provides for the gradual release of
the impounded water. The detention pond is the Best Management Practice which must be used within
protected watersheds when engineered stormwater controls are required. (See also, Best Management
Practices and Engineered Stormwater Controls)
Development
Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials. Also includes any land-disturbing activity which adds to or changes the amount
of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
Development Activity
In the context of property encumbered by Special Flood Hazard Area this term includes any activity
defined as Development which will necessitate a Floodplain Development Permit. This includes
buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools,
docks, landings, ramps, and erosion control/stabilization measures.
Development, Existing
In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit,
shall be defined as those projects that are built, or those projects that at a minimum have established a
vested right under North Carolina zoning law as of the effective date of Orange County’s Water Supply
Watershed Protection Ordinance, or such earlier time that other Orange County ordinances shall specify,
based on at least one of the following criteria:
a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid Orange County approval to proceed with the project, or
b) Having an outstanding building permit in compliance with G.S. 153A-344.1 or G.S. 160A-385.1,
or
c) Having an approved site specific or phased development plan in compliance with G.S. 153A-
344.1 or G.S. 160A-385.1.
For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application
of residuals, and road construction activities, existing development shall be defined as those projects that
are built or those projects for which a State permit was issued prior to August 3, 1992.
Development Intensity Definitions
(See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Recreation Space, Recreation
Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.)
Digital Flood Insurance Rate Map (DFIRM)
The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA),
on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community
are delineated.
Direct Light
Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of
a luminaire.
Discharge
The addition of any human-induced effluent either directly or indirectly to state surface waters.
Discharge, Domestic Wastewater
Sewage, unprocessed industrial wastewater, other domestic wastewater, or any combination of these
items. Domestic wastewater includes, but is not limited to, liquid waste generated by domestic water
using fixtures and appliances, from any residence, place of business, or place of public assembly, even if
Formatte
underline,
Formatte
color: Blue
Formatte
Formatte
Formatte
Formatte
84
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-11
it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling
water, seafood packing facility discharges, and wastewater from restaurants.
Discharge, Industrial
The discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater
shall not be considered to be an industrial wastewater unless it is contaminated with industrial
wastewater. Industrial discharge includes:
a) Wastewater resulting from any process of industry or manufacture, or from the development of
any natural resource;
b) Wastewater resulting from processes of trade or business, including wastewater from
laundromats and car washes, but not wastewater from restaurants; or
c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment
program.
Disposal, Solid Waste
The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any
land or water so that the solid waste or any constituent part of the solid waste may enter the environment
or be emitted into the air or discharged into any waters, including groundwater.
Disposal, Waste
The use of waters for disposal of sewage, industrial waste or other waste after approved treatment.
Ditch
A constructed channel, other than a modified natural stream constructed for drainage purposes, that is
typically dug through inter-stream divided areas. A ditch or canal may have flows that are perennial,
intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial
or intermittent streams.
Dwelling, Multi-Family
A building or lot containing three or more dwelling units.
Dwelling, Single Family
A detached building containing one dwelling unit.
Dwelling, Two Family
A detached building containing two dwelling units (duplex).
Dwelling Unit
A room or group of rooms forming a single independent habitable unit with facilities used or intended to
be used for living, sleeping, cooking and eating by one family; for owner occupancy or for rental, lease or
other occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping
facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for
periods of less than one week shall be construed to be lodging units.
Mobile Homes and modular units are to be considered dwelling units under this definition.
EA
An Environmental Assessment.
EA, Completed
An Environmental Assessment that has been accepted by the Orange County Planning Department as
technically acceptable for purposes of this Ordinance.
EIS
An Environmental Impact Statement.
Formatte
Formatte
85
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-12
EIS, Completed
An Environmental Impact Statement that has been accepted by the Orange County Planning Department
as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being
reviewed for adequacy by the Orange County Planning Department.
Easement
A grant of rights by a property owner to another individual, group or governmental unit to make limited
use of a portion of real property for a specified purpose.
Economic Development Activity Node
Land in Transition areas of the County which has been specifically targeted for economic development
activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are
located adjacent to interstate and major arterial highways, and subject to special design criteria and
performance standards. Flex space typically includes one-story buildings designed, constructed, and
marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom,
manufacturing assembly or similar operations.
Efficiency Apartment
An additional dwelling unit accessory to a single family residence meeting the development criteria
outlined within this Ordinance.
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.45
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
45 Correcting for a grammatical error in a definition related to our flood management program.
86
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-15
Flood Boundary and Floodway Map (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the
floodways are delineated. This official map is a supplement to and shall be used in conjunction with the
Flood Insurance Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard
Areas have been defined as Zone A.
Flood Insurance
The insurance coverage provided under the National Flood Insurance Program (NFIP).
Flood Insurance Rate Map (FIRM)
An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas
and the risk premium zones applicable to the county are delineated. These areas are incorporated within
the official Zoning Atlas for Orange County as the Special Flood Hazard Area Overlay District. Please
also refer to Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS)
An examination, evaluation, and determination of flood hazard, corresponding water surface elevations (if
appropriate), flood insurance risk zones, and other flood data in Orange County issued by FEMA. The
FIS report contains corresponding flood profiles, as well as FIRMs.
Flood Lamp
See Outdoor Lighting, Flood Lamp.
Floodlight
See Outdoor Lighting, Floodlight.
Floodplain or Flood Prone Area
Any land area susceptible to being inundated by water from any source and is interchangeable terms.
Floodplain Administrator
The individual appointed to administer and enforce the floodplain management regulations.
Floodplain Development Permit
A document required for any disturbance within a mapped special flood hazard area prior to the
commencement of any development activity.
Floodplain Management
The operation of an overall program of corrective and preventive measures for reducing flood damage
and preserving and enhancing, where possible, natural resources in the floodplain, including but not
limited to emergency preparedness plans, flood control works, floodplain management regulations, and
open space plans.
Floodplain Management Regulations
This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances,
and other applications of police power, which control development in flood-prone areas. This term
describes federal, state or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Flood Proofing
Any combination of structural and nonstructural additions, changes, or adjustments to structures, which
reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation
facilities, or structures with their contents.
Formatte
underline,
Formatte
color: Blue
Formatte
Formatte
Formatte
Formatte
underline,
Formatte
color: Blue
Formatte
87
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-16
Flood-resistant material
Any building product, material, component or system, capable of withstanding direct and prolonged
contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost
cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including
normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-
resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict
evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable.
Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer
to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA.
Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
This term may also be referred to as “regulatory floodway.”
Floodway encroachment analysis
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina
licensed engineer using standard engineering methods and models.
Flood Zone
A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in
the area.
Floor
See “Lowest Floor”.
Floor Area Ratio
Floor Area Ratio (FAR) is the maximum floor area permitted for each square foot of land area.
Footcandle
See Outdoor Lighting, Foot-candle.
Forest Plantation
An area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop
trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed
that is blown or carried into the site.
Forest Vegetation
The plants of an area which grow together in disturbed or undisturbed conditions in various wooded plant
communities in any combination or trees, saplings, shrubs, vines, and herbaceous plants. This includes
mature and successional forests as well as cutover stands.
Fraternity, Sorority House
A building occupied by and maintained exclusively for college or university students who are affiliated with
a social, honorary or professional organization and which is recognized by the college, university or other
institution of higher learning.
Freeboard
Height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could
contribute to flood elevations.
Frontage, Building
Formatte
Formatte
Formatte
Auto
Formatte
Formatte
Auto
Formatte
Formatte
Auto
88
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-21
Land Area Measurement Definitions
(See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space
Rear)
Land-Disturbing Activity
Any use of the land that results in a change in the natural cover or topography that may cause or
contribute to sedimentation.
Landfill
A site within which is deposited solid waste material, including trash, construction debris, stumps,
branches and limbs, garbage and industrial waste.
Landfill, Discharging
A landfill facility with liners, monitoring equipment and other measures to detect and/or prevent leachate
from entering the environment and in which the leachate is treated on site and discharged to a receiving
stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North
Carolina Division of Water Quality.
Land Use Intensity Definitions
(See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open Space,
Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space,
Pedestrian/Landscaped Space Ratio.)
Land Use Permit
A zoning permit, subdivision approval, building permit, site plan, special use permit, or conditional use
permit.
Land Use Plan
A set of documents and maps that categorize existing patterns of land development and set guidelines for
the desirable intensity, density, quantity, type, location and timing of future development based upon the
goals and policies set forth in the Plan. The Land Use Plan can be found in the Land Use Element of the
Comprehensive Plan.
Length of Wall
The horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case
of attached dwellings) are off-set by angles or setbacks of six feet or more, the length of each segment so
set off shall be measured separately in establishing pertinent yard depth. Length of the wall of a circular
building shall be construed as the diameter of the building.
Letter of Map Change (LOMC)
An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map
or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National
Flood Insurance Program map. A LOMA is based on technical data showing that a property
had been inadvertently mapped as being in the floodplain, but is actually on natural high
ground above the base flood elevation. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodway
delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of
land has been elevated by fill above the BFE and is, therefore, no longer located within the
special flood hazard area. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community’s floodplain management
Formatte
underline,
Formatte
color: Blue
Formatte
color: Auto
Formatte
Auto
89
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-22
regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a
proposed project complies with the minimum NFIP requirements for such projects with
respect to delineation of special flood hazard areas. A CLOMR does not revise the effective
Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of
certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise
the effective FIRM.
Light Duty Truck
Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular
curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less
as defined in 40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than 12 persons;
or
(c) Available with special features enabling off-street or off-highway operation and use.
Level of Service
A qualitative measure that describes the operational conditions or a road or intersection, as defined by
the Highway Capacity Manual. The various service levels are defined by a range from A to F, with A
representing free flow traffic conditions and F representing stop-and-go traffic.
Light, Flashing
A light that intermittently flashes on and off.
Light Source
The point of origin illumination emanates; usually a lamp. Please refer to the definition of Outdoor
Lighting, Lamp for additional information.
Light Trespass
Intrusion of direct light projected from one property or roadway onto another property or roadway.
Livability Space
Livability space is part of total open space appropriately improved and located as outdoor living space for
residents and for aesthetic appeal. Such spaces include lawns and other landscaped areas, walkways,
paved terraces and sitting areas, outdoor recreational areas, and landscaped portions of street rights-of-
way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency
action.
Livability Space Ratio
Livability space ratio is the minimum square footage of non-vehicular outdoor space required for each
square foot of land area in residential development. It is open space used for people, planting and visual
appeal and does not include vehicular parking and access areas.
Lodgings
Living quarters which do not contain independent kitchen facilities, provided, however, that dwelling units
occupied by transients on a rental or lease basis for periods of less than one week shall be considered
lodging units even though they contain independent kitchen facilities.
Lodging Unit
A room or rooms connected together, constituting a separate lodging for one family only, physically
separated from any other rooms or dwelling or lodging units. Where two or more rooms are connected by
a doorway or doorways, and arranged, equipped and furnished in such a manner that they might
reasonably be rented, leased or occupied, either individually or in combination, each room shall be
construed as a lodging unit.
Formatte
underline,
Comment
to indicate i
damage pre
Formatte
Formatte
Formatte
color: Auto
Formatte
Auto
Formatte
color: Auto
90
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-29
Mean sea level
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) as
corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical
control datum used as a reference for establishing varying elevations within the floodplain, to which Base
Flood Elevations shown on a Flood Insurance Rate Map (FIRM) are referenced. Refer to each FIRM
panel to determine datum used.
Meat Processing Facility, Community
A smaller scale facility where livestock or wildlife is slaughtered, processed, and packaged for personal
consumption and/or wholesale or retail sale. The livestock must be raised on the subject farm and from 1
to 4 other cooperative farm partners.
Meat Processing Facility, Regional
A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for
wholesale or retail sale.
Metal Fabrication Shop
A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale.
Microbrewery, production only
A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail
sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm
and using primarily crops produced on-site.
Microbrewery with Minor Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small
periodic events that are expected to attract fewer than 150 people to the site. Food services may be
permitted under the conditional zoning or special use permit approval.
Microbrewery with Major Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are
expected to attract more than 150 people to the site. Food services may be permitted under the
conditional zoning or special use permit approval.
Mobile Home
A dwelling unit that:
a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential
Building for One- and Two-Family Dwellings;
b) Is composed of one or more components, each of which is substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis for
placement on a temporary or semi-permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
c) Exceeds eight feet in body width and 32 feet in body length.
d) Is not certified by the Secretary of the Department of Housing and Urban Development.
Mobile home shall also mean a double-wide mobile home.
Mobile Home, Accessory
A subordinate structure, the use of which is customarily incidental to the permitted use of the principal
buildings. Accessory uses include, but are not limited to:
a) Storage unit,
b) Office, and
c) Classroom facility.
The mobile home, as an accessory structure, must not create non-conforming yards or setbacks. The
installation of a mobile home, as an accessory structure, is exempt from the requirements set forth herein.
91
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-31
Net Assets
The equity value of real property such as land, buildings, Certificates of Deposit, Checking and Savings
accounts, money market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, gold or precious
metals, and business equipment. Family or personal assets such as furniture, automobiles, wheelchairs
or other special equipment, household goods, boats and recreational vehicles are not included.
New construction
Structures for which the “start of construction” commenced on or after March 16, 1981, and includes any
subsequent improvements to such structures.
Night Club, Bar, or Pub
An establishment that allows food, alcoholic drink and/or entertainment.
Non-Conformance
Non-conformities are:
a) Lots;
b) Uses of land without structures or with minor structures only;
c) Uses of major structures and premises;
d) Characteristics of Use; and
e) Structures
which were lawful but would be prohibited, regulated or restricted by the enactment of this Ordinance or a
subsequent amendment thereto. Non-conformity may also be created by lawful public taking or actions
pursuant to a court order and have the same effect as violations of this Ordinance, if undertaken privately.
Non-Conversion Agreement:
A document stating that the owner will not convert or alter what has been constructed and approved.
Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same
enforcement procedures and penalties. The agreement must be filed with the recorded deed for the
property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has
been completed.
Non-Encroachment area
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot
as designated in the Flood Insurance Study report.
Non-Point Source Pollution
Pollution which enters waters mainly as a result of precipitation and subsequent run-off from lands which
have been disturbed by man's activities and includes all sources of water pollution which are not required
to have a state or local or state permit for discharge into a stream.
Non-Profit Educational Cooperative
An organization operated on a non-profit basis whose purpose is to acquire, produce and distribute
instructional materials for the benefit of its member institutions. Membership is comprised primarily of
fully accredited schools of health, education, social, legal, environmental and/or engineering sciences in
institutions of higher learning (universities, colleges and technical institutes). On-site faculty development
workshops and fellowship training programs may also be provided as part of the organization's purpose.
Non-Residential Development
Development of any land use which is not residential in nature, including uses (such as churches) which
are allowed in residential zoning districts.
Non-Residential Floor Area - Inclusions and Exclusions
The sum of areas for non-residential use on all floors of the building measured from the outside faces of
the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and
Formatte
color: Blue
Formatte
color: Auto
Formatte
Auto
92
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-36
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, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope
climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga
studios, athletic facilities, and gymnasiums.
Reference level
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. The bottom of the lowest
horizontal structure member of the lowest floor for structures within all Special Flood Hazard Areas. 46
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. In Special Flood Hazard Areas where no BFE has been established, this
elevation shall be at two feet above the highest adjacent grade
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.
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations. In terms of compliance with Orange County floodplain management regualtionsregulations,
the term shall also include reduction of the impacts of a development’s noncompliance including
protecting the structure or other affected development from flood damages, implementing the
enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing
federal financial exposure with regard to the structure or other development.
Repetitive loss
46 Staff is proposing to modify the existing definition to be consistent with the revised 2017 model flood ordinance
prepared by FEMA.
93
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-53
Special Event
A commercial activity attracting at least 20 people at any given time, that typically does not involve
permanent structures, and does not occur more frequently than seven days in a 30-day period or more
than 50 days per year. Examples of special events are craft shows, small festivals, concerts, medical or
veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as
picnics or receptions sponsored by a restaurant or caterer.
Activities which are not included in this definition include:
a) Events of a personal or non-profit, nature such as family reunions and church activities;
b) Farm-related or rural events such as horse shows, 4-H events and auctions; and
c) Fund-raising events for non-profit organizations.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as
determined in Section 4.31.1.3 of this Ordinance, as defined by the base flood elevation. The mapped
special flood hazard area approximates the base flood elevation.
Special Flood Hazard Area Overlay District
An overlay district establishing standards for development for properties within identified floodplains.47
Special-Purpose Unit of Government
Any special district or public authority.
Special Use
A use which would not be appropriate generally throughout the zoning district or without special study, but
which, if controlled as to number, area, location or relation to neighborhood, would be appropriate. Such
uses which are listed as Special Uses in the Permitted Use Table, Section 5.2, may be installed and
operated only after approval by the Board of Commissioners or by the Board of Adjustment, as
appropriate, subject to the general and specific standards.
Specified Anatomical Areas
(a) Less than completely and opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or
(iii) breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touchings of human genitals, pubic regions, buttocks or breasts.
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure (including a manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
47 As we are recommending elimination of the overlay district, there is no need to maintain a definition of same.
Formatte
Comment
language ca
continue to
keeping sam
94
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-57
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the
purpose of sale or building development (whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing streets.
Subdivision, Exempt
a) 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.
b) The division of land into parcels greater than 10 acres if no street right-of-way dedication is
involved.
c) The public acquisition by purchase of strips of land for widening or opening streets.
d) 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 shown by its subdivision regulations.
Subdivision, Major
Any division of land that is not classified as an Exempt or Minor subdivision.
Subdivision, Minor
A division of a tract of land that does not:
a) Create more than five lots for conventional design options, or more than 12 lots for flexible
development, including the residual acreage, from any one tract of land in any 24 month 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;
d) Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e) At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of “substantial improvement.” Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a 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 of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed. The term does
not, however, include either any correction of existing violations of State or Orange County health,
sanitary, or safety code specifications which have been identified by the Orange County code
enforcement official and which are the minimum necessary to assure safe living conditions, or any
alteration of a historic structure provided that the alteration will not preclude the structure's continued
designation as a historic structure and the alteration is approved by a variance issued pursuant to this
Ordinance.48
Support System
A combination of footers, piers, caps, and shims that will, when properly installed, support the mobile
home. Masonry walls may be installed as a cosmetic feature.
Taxidermy
48 Language added to ensure consistency with the 2017 model flood ordinance as prepared by FEMA.
95
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-58
The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike
form.
Technical Bulletin and Technical Fact Sheet
A FEMA publication that provides guidance concerning the building performance standards of the NFIP,
which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins and
fact sheets are intended for use primarily by State and local officials responsible for interpreting and
enforcing NFIP regulations and by members of the development community, such as design
professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically
as needed. The bulletins do not create regulations; rather they provide specific guidance for complying
with the minimum requirements of existing NFIP regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum
requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP
take precedence. Design professionals should contact the community officials to determine whether more
restrictive State or local regulations apply to the building or site in question. All applicable standards of the
State or local building code must also be met for any building in a flood hazard area.
Telecommunication Facilities, Accessory Use
A use incidental to, subordinate to, and subservient to the principal use of the property. As defined in this
section an accessory use is a secondary use.
Telecommunication Facilities, Antenna
A system of electrical conductor communications equipment that transmits and/or receives
electromagnetic radio signals used in the provision of all types of wireless communications services.
Telecommunication Facilities, Applicant
Any wireless service provider or wireless support structure owner submitting an application for a wireless
facility.
Telecommunication Facilities, Application
A formal request, containing all necessary and required documentation, submitted to Orange County to
construct or modify a wireless support structure or a wireless facility.
Telecommunication Facilities, Base Station
A station at a specific site authorized to communicate with mobile stations, generally consisting of radio
receivers, antennas, coaxial cables, power supplies, and other associated electronics.
Telecommunication Facilities, Building Code
The most recently adopted or amended edition of the North Carolina State Building Code.
Telecommunication Facilities, Building permit
An official Orange County administrative authorization to begin construction consistent with the provisions
of N.C.G.S. 153A-357.
Telecommunication Facilities, Collocation
The placement or installation of wireless facilities on existing structures, including electrical transmission
towers, water towers, buildings, and other structures capable of structurally supporting the attachment of
wireless facilities in compliance with applicable codes.
Telecommunication Facilities, Commercial Impracticability or Commercially
Impracticable
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of
which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy
of the project. The inability to achieve a particular financial return on investment or profit, standing alone,
Formatte
color: Blue
Formatte
Formatte
Formatte
color: Auto
96
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-62
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temperature Controlled
Means having the temperature regulated by a heating and/or cooling system, built-in or appliance.
Temporary Custodial Care Unit
A transportable residential structure facilitating a caregiver’s provision of short or long term care for a
mentally or physically impaired person that is primarily assembled offsite, has no more than 1,000 gross
square feet, and complies with applicable standards of the North Carolina State Building Code and/or
Department of Housing and Urban Development (HUD). Temporary custodial care units shall not be
installed on a permanent foundation and shall be classified as an accessory use to an single family
detached dwelling unit. Includes mobile homes and temporary health care structures.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing
temporary residential space during the installation of a replacement mobile home or construction of a
stick-built or modular residential unit on the same lot, and for 30 days after the issuance of Certificate of
Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi-
permanent foundation.
Temporary Residential Unit
A residential unit occupied for no more than 180 days and connected to temporary utility services. The
term includes recreational vehicles, travel trailers, recreational park trailers, FEMA trailers, etc.
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.
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.
Formatte
Font color
Formatte
97
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-65
The procedures used to compare the volume of a roadway or intersection approach to its capacity
(maximum number of vehicles that can pass a given point during a given time period). The procedures
are described in the 1965 Highway Capacity Manual, Highway Research Board Special Report 87.
Walls, Primary
Walls containing primary windows and/or main exterior entrances to individual living quarters when
directly facing the primary wall or other living quarters.
Walls, Secondary
Walls containing only secondary, or secondary and tertiary, windows.
Walls, Tertiary
Windowless walls or walls containing only tertiary windows.
Wastewater Treatment Facility
A system of wastewater collection, treatment, and disposal in single or multiple components, including
ground absorption systems, non-discharge systems, and systems that discharge effluent to the surface
waters, and any other system as may be permitted by the Orange County Health Department or the State
of North Carolina. (ref. NCGS Article 11, Chapter 130A)
Waterbody, Perennial
A natural or constructed basin that stores surface water permanently at depths sufficient to preclude
growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries, and oceans. For the
purpose of stormwater provision of this Ordinance, the waterbody must be part of a natural drainageway
(i.e. connected by surface flow to a stream).
Water-Dependent Structure
Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its
basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-
dependent structures.
Water Feature
A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence
of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent
streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands,
and natural drainage ditches (non-ephemeral).
Water surface elevation (WSE)
The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.49
Watercourse
A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage
may occur.
Water Supply, Public
A water supply system that serves a city or town located partly or entirely within Orange County that has a
population in excess of 2,500.
Water Supply Watershed (or Protected Watershed)
Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or
stream intakes which have been designated for protection. All such lands have been classified by the
49 As we are not in a coastal area there is no need to reference same in our definition(s) section.
98
99
100
101
102
103
104
105
106
107
108
109
110