HomeMy WebLinkAboutORC agenda 040418
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
Please Note Location Change for this Meeting!!
RICHARD WHITTED MEETING FACILITY
300 WEST TRYON STREET
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, April 4, 2018
Ordinance Review Committee Meeting – 7:00 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on proposed amendments before the items are formally
considered by the Planning Board. Attendance is not mandatory and a quorum is not necessary for
meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3 – 15
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
FLAGPOLE AND FLAG REGULATIONS - To review government-initiated
amendments to the text of the UDO that will add regulations pertaining
to flagpoles and flags.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURN TO REGULAR MEETING.
(ORC will be reconvened immediately following the Regular Meeting)
4.
16 – 33
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – HP-CZ
(HOME PARK – CONDITIONAL ZONING) DISTRICT - To review government-
initiated amendments to the text of the UDO that will clean up items
that were inadvertently omitted from amendments that were adopted in
2017.
Presenter: Patrick Mallett, Planner II
1
No. Page(s) Agenda Item
5.
34 – 41
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – ADD
USES TO HP-CZ DISTRICT - To review government-initiated
amendments to the text of the UDO that will add allowable potential
uses in the HP-CZ District.
Presenter: Patrick Mallett, Planner II
6.
42 – 53
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
SUBDIVISION REVIEW PROCESS - To review government-initiated
amendments to the text of the UDO that will modify subdivision review
processes, in accordance with Session Law 2017-10.
Presenter: Patrick Mallett, Planner II
7.
54 – 68
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – NIM
CLARIFICATIONS - To review government-initiated amendments to the
text of the UDO that will clarify requirements for Neighborhood
Information Meetings (NIM).
Presenter: Michael Harvey, Current Planning Supervisor
8. ADJOURNMENT
2
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2018
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Flag
and Flagpole Amendments
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-07
2. Draft UDO Text Amendments
Craig Benedict, Director (919) 245-2575
John Roberts, County Attorney (919) 245-2318
PURPOSE: To review and comment upon government-initiated Unified Development Ordinance
(UDO) text amendments clarifying regulations governing flags and flagpoles.
BACKGROUND: There are currently no regulatory standards governing the height of a flagpole
or size of flags flown/displayed within the county. Concerns have been expressed over the lack
of regulation(s) ensuring the display of a flag does not dominate local skylines. Staff has been
directed to establish regulations governing the overall allowable height of a flagpole as well as
standards governing allowable flag area.
The County’s Attorney office has provided staff with recommended language.
The proposed regulation is to ensure uniformity with respect to the size and number of flags that
can be displayed on property as well as a measurable standard on the height of any erected
flagpole.
For more information please refer to Attachment 1.
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.
3
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-07
UDO text amendment to establish height and size regulations for flagpoles and flags.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): • Section 6.12. Signs; and
• Article 10 Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Attachment 1
4
Form Revised 09-29-16
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to the UDO to incorporate standards governing the height,
number, and location of flagpoles as well as the size of flags.
The purpose of the amendment is to ensure uniformity with respect to the display of
flags and the allowable height of flagpoles within Orange County.
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’.
There are currently no regulatory standards governing the height of a flagpole or size
of flags flown/displayed within the county. Concerns have been expressed over the
lack of regulation(s) ensuring the display of a flag does not dominate local skylines.
Staff has been directed to establish regulations governing the overall allowable
height of a flagpole as well as standards governing allowable flag area.
The proposed regulation does not attempt to establish content standards. Such
regulations are inconsistent with numerous court proceedings including the US
Supreme Court Case Reed versus Town of Gilbert. For more information on the
case and its potential impacts please refer to the
following: http://canons.sog.unc.edu/?p=8167.
The proposed regulation is to ensure uniformity with respect to the size and number
of flags that can be displayed on property as well as a measurable standard on the
height of any erected flagpole.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 20, 2018
b. Public Hearing
5
Form Revised 09-29-16
May 1, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
April 4, 2018 – Planning Board Recommendation (BOCC receives agenda
materials) NOTE: if ORC does not have any substantial comments, then a vote
on a recommendation could occur on the regular agenda that evening.
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:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
April 4, 2018 – Planning Board Recommendation
b. Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
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
April 5, 2018
Pending
Not Applicable
General Public:
Small Area Plan Workgroup:
Other:
6
Form Revised 09-29-16
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 amendment will establish regulations governing the height of flagpoles for
residential and non-residential land uses as well as a maximum allowable display area
for flags displayed on property.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Craig Benedict
Planning Director
(919) 245-2592
cbenedict@orangecountync.gov
7
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-74
Figure 6.12.4: Sign Size Measurement
All three of these signs would have the same size sign face, as measured by the smallest rectangle
encompassing the outer limits
6.12.5 Exempt Signs
The following permitted signs are considered exempt and do not require the issuance of a Zoning
Compliance Permit:
(A) Signs erected by a governmental agency to regulate, control, or direct vehicular or
pedestrian traffic;
(B) Legal notices, warnings, regulatory or informational signs erected by a public agency;
(C) Signs required by law;
(D) “No trespassing” signs, not exceeding six square feet in area;
(E) Real estate signs, not exceeding four square feet in area;
(F) Flags, emblems or insignia of any national, state or political subdivision;
(G)(F) Property number signs not exceeding two square foot in area and bearing only address
numbers of premises or other identification of premises not having commercial
connotations;
(H)(G) Holiday decorations in season that do not contain or display a commercial message;
(I)(H) Signs on trash receptacles, indicating the owner or party responsible for maintenance;
(J)(I) Hazardous chemical identification/notification signs on residential and non-residential
structures;
(K)(J) Signs on newspaper boxes;
(L)(K) Private drive signs, one per drive entrance, not exceeding two square feet in area, with
the message content limited to the words "Private Drive" and the address of any
residences utilizing the private roadway;
(M)(L) Security and warning signs posted on private property warning the public against
trespassing, or similar messages, provided that any such sign does not exceed two
square feet in area; and
(N)(M) Political Signs, in accordance with the following standards:
(1) Political Signs are allowed in all zoning districts.
(2) A Zoning Compliance Permit shall not be required to allow for the placement of a
political sign on private property.
(3) There shall be no limit to the number of political signs that can be placed on
private property so long as the placement of these signs complies with the
provisions of this Ordinance and the signs do not create a public safety hazard.
(4) Within residential zoning districts, political signs shall not exceed nine square feet
in area or four feet in height.
8
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-79
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) Flags
All flags shall comply with the following provisions, except for those in cemeteries which
are regulated by Section 6.12.13(C).
(1) In residential zoning districts (RB, AR, R1, R2, R3, R4, R5, R8, and R13), up to
three flags and one flagpole per lot shall be allowed. Each flag shall be a
maximum of twenty four (24) square feet in area. The flagpole shall be a
maximum of twenty four (24) feet in height or no higher than the highest point of
the principal building’s roof, whichever is lower. Flagpoles shall be setback at
least fifty (50) feet from all property lines.
(2) In all other zoning districts, up to three flags and three flagpoles shall be allowed.
Each flag shall be a maximum of ninety six (96) square feet in area. Each
flagpole shall be a maximum of fifty four (54) feet in height or no higher than the
highest point of the principal building’s roof, whichever is lower. Flagpoles shall
be setback at least fifty (50) feet from all property lines.
(3) Flags lawfully in existence on the date this provision was first advertised, which
do not conform to the provisions of this Unified Development Ordinance, but
which were in compliance with the applicable regulations at the time they were
constructed, erected, affixed or maintained must be regarded as nonconforming.
(a) For the purpose of amortization, nonconforming flags may be continued
from the effective date of this subsection for a period not to exceed one
year.
(b) Flags which were unlawful under the prior versions, and which do not
conform to the current ordinance, must be removed immediately.
(c) Any flag or flagpole which is altered, relocated, or replaced, must be
immediately brought into compliance with all provisions of this code.
(4) Depictions of flags, when placed on structures, shall comply with the remaining
provisions of this Section.
(A)(B) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ,
MHP-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning
districts.
(3) All on-premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right-of-way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
9
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-80
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face. For parcels zoned CC-3, GC-4, O/RM, I-1, I-3, AS, EDB-2,
EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72
square feet in area for parcels that:
(i) Are larger than 60,000 square feet in area, and
(ii) Have more than 300 linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(b) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume
NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet.
10
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-81
(7) An on-premise commercial sign may contain a changeable copy sign as defined
in this Ordinance. However, the total sign area, including the area of changeable
copy, shall not exceed the maximum allowable area established in Section
6.12.12(A)(6)(a) above.
(8) No on-premise commercial sign shall be oriented is such a manner as to be
directly visible from a major transportation corridor as established in this
Ordinance.
(B)(C) Off-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) Off-premise commercial signs (billboards) shall be permitted within the GC-4,
EC-5, I-1, and I-2 zoning districts.
(3) No electric tap outs allowing for an independent light source to receive power
shall be allowed.
(4) Off-premise commercial signs shall be considered the principal use of property.
There shall be no additional principal uses allowed on the same parcel. Off-
premise commercial signs shall not be permitted as accessory uses.
(5) No off-premise commercial sign shall be located closer than 200 feet to the right-
of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600
feet to the right-of-way for all other thoroughfares and streets.
(6) The height of an off-premise commercial sign shall not exceed 25 feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
The clearance of an off-premise sign shall not be less than eight feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
(7) Off-premise commercial signs shall be limited to 480 square feet of sign area.
(8) In no case shall an off-premise commercial sign be located closer than 1,000 feet
to an existing off-premise commercial sign.
(9) Off-premise commercial signs are prohibited within the Major Transportation
Corridor (MTC) overlay district.
(10) No person may, for the purpose of increasing or enhancing the visibility of any
off-premises commercial sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation in the following locations:
(a) Within the right-of-way of any public street or road, unless the work is
done pursuant to the express written authorization of the North Carolina
Department of Transportation;
(b) On property that is not under the ownership or control of the person
responsible for such work, unless the work is done pursuant to the
express authorization of the property owner where the vegetation is
located; and,
(c) In any area where such vegetation is required to remain under a permit
issued in accordance with this Ordinance.
(C)(D) Wall Signs
(1) Shall either be mounted or painted on a building.
11
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-82
(2) Wall signs may be internally illuminated and shall comply with all applicable state
and county building codes and the National Electric Code.
(3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(4) All wall signs shall be offset a minimum of ten feet from the corner of the building
on which it is mounted.
(5) Wall signs shall not protrude more than 12 inches from the face of building on
which it is mounted.
(6) Number of Signs Permitted
(a) Only one wall sign shall be permitted per building facade. In cases
where a building is located on a corner lot, an additional wall sign may be
permitted on the building wall facing the second street right-of-way,
subject to the requirements of this Ordinance.
(b) For multi-tenant buildings permitted as a conditional use or conditional
zoning district additional wall signs may be permitted by the Board of
County Commissioners.
(7) The allowable sign area shall be determined as follows:
One square foot of sign area for every foot of building length facing a public right-
of-way, not to exceed 32 square feet. For parcels zoned CC-3, GC-4, O/RM, I-2,
I-3, AS, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed
64 square feet in area for parcels that:
(a) Are larger than 60,000 square feet in area, and
(b) Contain a structure with more than 100 linear feet of building length
facing a public right-of-way, and
(c) Have more than 300 feet of linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(8) A changeable copy sign may be utilized as a wall sign.
(9) Wall signs shall not extend above the soffit, parapet, or eave line of the building
to which it is attached.
(D)(E) Projecting Signs
(1) Projecting signs shall be mounted on a building.
(2) Projecting signs may be internally illuminated and shall comply with all applicable
state and county building codes and the National Electric Code.
(3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC-
2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(4) Projecting signs shall adhere to the minimum setback requirements established
for all structures within the zoning district in which it is located.
(5) Only one projecting signs shall be permitted per building facade even in cases of
a building located on a corner lot.
(6) The allowable sign area shall be determined as follows:
(a) One square foot of sign area for every foot of building length, facing a
public right-of-way, not to exceed 32 square feet in area.
(7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least
ten feet above finished grade.
12
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-83
(8) Projecting signs shall not extend above the soffit, parapet, or eave line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except at right
angles to the building façade.
(E)(F) Window Signs
(1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts.
(2) Window signs shall be limited to a maximum of 30% of the total window area
where the sign is to be located.
(3) Window signs may be utilized for advertising specials or sales within the
business, or displaying the name and other pertinent business information
associated with the principal use.
(4) Signs may be etched, painted or otherwise attached to be made a permanent
addition to the pane of glass.
(F)(G) Awning Signs
(1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1
and all of the Economic Development zoning districts. See Section 6.12.14(E)
for additional standards for Awning Signs located in Economic Development
Districts.
(2) Awning Signs shall be located above the main entrance to a nonresidential land
use and shall contain the name of the use.
(3) Awning Sign area shall be limited to a maximum of 50% of the total awning area
erected over the entrance of a nonresidential land use. Where an awning sign is
utilized at a multi-use development, the amount of sign area shall be computed
as part of the overall sign area allotted to wall signs, not to exceed 50% of the
total awning area.
(G)(H) Drive-Through Menu Signs
(1) Applicants must establish to the satisfaction of the Planning Director that a drive-
through menu sign is considered a customary accessory use to the principal
business on the property and is necessary for the normal operations of the
commercial operation.
(2) Signs shall be limited to 32 square feet in area.
(3) No external illumination shall be permitted.
(4) A land use that utilizes such a sign shall also be permitted an independent
speaker box, no greater than 12 square feet in area with a height no greater that
four feet.
6.12.13 Sign Standards for Specific Uses
In addition to the requirements contained herein, the following land uses shall adhere to these
additional standards:
(A) Changeable Copy Signs Utilized by Churches or Public Entities
(1) Shall not exceed 32 square feet in area.
(2) Bulletin boards/reader boards may be internally illuminated.
(B) Service Stations/Gas Station
(1) Signs may be erected above gas pumps subject to the following standards:
13
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-84
(a) No internal or external illumination shall be permitted;
(b) Signs shall be limited to four square feet in area; and
(c) Signs must advertise items for sale on the property. Under no
circumstances may a sign advertise a sale, activity, business, or product
not associated with the principal use of property.
(2) Signs may be erected on the canopy covering gas pumps subject to the following
standards:
(a) Advertising material shall be limited to trademarks, logos, and the name
of the service station or other similar display.
(b) Such displays shall be limited to six square feet of area.
(C) Cemeteries
(1) In addition to flags provided for in section 6.12.12(A), flags no greater than twelve
(12) inches in height may be displayed at individual grave sites within a
cemetery.
(C)(D) Yard Sales/Garage
(1) Signs shall be erected on the property where the sale is taking place.
(2) Signs shall be limited to four square feet of area.
(3) No off-site displays shall be permitted.
(4) Signs shall be removed no later than sunset of the day the event occurs.
(D)(E) Institutional Uses and Private Parks Located within Residential Zoning Districts
(1) One ground and one wall sign shall be permitted;
(2) Maximum sign area shall be 32 square feet per sign face; and
(3) No ground sign shall exceed six feet in height.
(E)(F) Home Occupations
(1) The Home Occupation shall have a valid Zoning Compliance Permit issued by
Orange County;
(2) There shall only be one sign limited to eight square feet in area and four feet in
height;
(3) Such sign shall not be illuminated by any means;
(4) Sign shall not be located within any public street right-of-way, sight visibility
triangle, easement, vehicular area or other similar area; and
(5) The sign message shall be limited to the business name and telephone number.
(F)(G) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational
Facilities, Golf Courses; and Recreational Facilities, Profit
(1) Purpose and Intent
(a) Unlike signs for non-residential development(s), signs for recreational
land uses are intended to serve a different function and purpose. Signs
within these types of land uses are intended to provide essential
information concerning:
(i) Rules and regulations governing the operation of the facility;
(ii) Educational information identifying unique aspects of the facility,
the property itself, or significant environmental features that are
located on the property; and
14
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-43
Sign, Banner
A sign, other than a flag, intended to be hung
either with or without frames, possessing
characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind.
National flags, flags of political subdivisions, and
symbolic flags of any institution or business shall
not be considered banners for the purposes of this
Ordinance. Banner signs are regulated under the
Special Event Display section of Section 6.12.
Following is an example of a banner sign:
Sign, Changeable Copy
A sign that is designed so that characters, letters, or
illustrations can be changed or rearranged without
altering the face or the surface of the sign. This shall
also include the changing of copies of billboards.
Changeable copy signs, for the purposes of this
Ordinance, shall mean signs on which the copy is
changed manually. Also referred to as a reader
board sign.
Example of Changeable Copy Sign:
Sign, Construction
A sign that gives the name or names of principal contractors, architects,
and lending institutions responsible for construction on the site where
the sign is placed.
15
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2018
Action Agenda
Item No. 4
SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Home
Park Conditional Zoning District (HP-CZD) Corrections
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-02
2. Draft UDO Text Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon government-initiated Unified Development Ordinance
(UDO) text amendments correcting references to the Home Park Conditional Zoning District
(HP-CZD) within the UDO.
BACKGROUND: In January of 2017 the BOCC approved a text amendment changing the
name of the Mobile Home Park Conditional Zoning District (MHP-CZD) to Home Park
Conditional Zoning District (HP-CZD). Unfortunately there are still references to the MHP-CZD
within the UDO creating conflict(s). The proposed amendments seek to correct these oversights
and ensure uniformity within the UDO.
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.
16
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-02
UDO text amendment to correct and update references to the Home Park (HP)
Conditional Zoning District.
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. 3.8.3 (A) (3) Conditional Zoning Districts – Districts
Established;
2. 3.8.4 Base Zoning Districts – Home Park(HP) Conditional
Zoning District;
3. 5.5.4 Home Park;
4. 5.5.5 Existing Mobile Home Parks;
5. 6.12.11 Signs Permitted in All Districts.
Other:
Attachment 1
17
Form Revised 09-29-16
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 the UDO to correct inconsistent references to the Home
Park Conditional Zoning District (HP-CZD).
The purpose of the amendment is to correct these inconsistencies and ensure
uniformity within 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 January of 2017 the BOCC approved a text amendment changing the name of the
Mobile Home Park Conditional Zoning District (MHP-CZD) to Home Park Conditional
Zoning District (HP-CZD). The amendment involved updating references to the new
title throughout the UDO.
Unfortunately there are still references to the MHP-CZD within the UDO creating
conflict(s). Staff needs to amend the UDO to correct for these oversights and ensure
uniformity.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
18
Form Revised 09-29-16
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
May 2, 2018 – 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:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
N/A
c. Local Government Review:
Staff will transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review by
April 6, 2018.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
March 15, 2018
Pending
Not applicable
General Public:
Small Area Plan Workgroup:
Other:
19
Form Revised 09-29-16
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 amendment will correct existing inconsistent references within the UDO associated
with the HP-CZD district.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
20
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-63
(D) A rezoning request to a Conditional District is a voluntary procedure that is intended for
firm development proposals.
3.8.3 Districts Established
(A) Conditional Zoning Districts
(1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within
most land use designations allowing for the development of specific land uses, in
accordance with established standards.
(2) A CZ requires the approval of a rezoning by the Board of County Commissioners,
approval of a site plan or Master Plan, and may include agreed-upon conditions
of development.
(3) The following CZ districts are hereby established:
(a) Agricultural Support Enterprises (ASE-CZ)
(b) Mobile Home Park (MHP-CZ)1
(c) Master Plan Development (MPD-CZ)
(d) NC Highway 57 Speedway Area Rural Economic Development Area
(REDA-CZ-1)
(4) Land uses permitted within CZ districts shall be those uses detailed within
Section 5.2 of this Ordinance.
(5) Development standards for each district are located in Article 6 of this Ordinance.
(B) Conditional Use Districts
(1) Conditional Use Districts allow for the development of a specific land use, or land
uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordinance, even
if such use is not listed as a permitted use or special use under the current
zoning designation of the subject property.
(2) Conditional Use Districts shall conform to all applicable development regulations,
including uses, for the corresponding general use zoning district, as well as any
specific use standards and development standards established in Articles 5 and
6 of this Ordinance.
(3) A Conditional Use District requires the approval of a rezoning by the Board of
County Commissioners, approval of a site plan, the issuance of a Class A
Special Use Permit, and may include agreed-upon conditions of development.
3.8.4 Where Permitted
(A) Conditional Districts are permitted in any Land Use classification and shall be located
consistent with the existing general development pattern and the objectives of the
adopted Comprehensive Plan and any adopted small area plan(s).
(B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement
(JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the
terms and standards of the JPA.
(C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper
Eno Protected and Critical Watershed Overlay Districts.
1 Modifying the name of the Conditional Zoning District consistent with previously approved text amendments.
21
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-67
HP-CZ
HOME PARK
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 5/50
Tract Front Setback
from ROW, min. (feet) 40
PURPOSE Tract Side Setback,
min. (feet) 20
The purpose of the Home Park Conditional Zoning (HP-CZ) District
is to provide for the development of properly located and planned
facilities for mobile home and temporary housing unit parks.
Adequate housing is fundamental to the welfare of county residents;
however, conventional housing is not consistently affordable to, nor
desired by, all members of the general public. There is also an
identified need to provide some level of flexibility for transient
residents who need to reside within the area on a temporary basis.
Where properly regulated and located, Home Parks address the
public need for alternative housing and achieve a satisfactory
relationship to adjoining and nearby property.
Tract Rear Setback,
min. (feet) 20
Individual Mobile Home
Space Size, min.
(square feet)
5,000
Temporary Residential
Unit Space Size, min.
(square feet)
2,000
APPLICABILITY Individual Space Width,
min. (feet) 50
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
HP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses are
restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for
land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual
dwellings that can be located on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
22
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-68
5. See Section 5.5.4 for standards pertaining to Home Parks.
6. When a new home park is proposed to be located adjacent to an existing mobile home park2, the Standards in Section
5.5.4 shall be met.
7. Each home space shall contain only one designated temporary or permanent residential unit. Efficiency Units are
prohibited within HP-CZ districts.
8. A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days.
9. All permanent residential units within a HP-CZD shall be designed and built to the appropriate State and Housing and
Urban Development (HUD) standards and shall be served by permanent utility connections.
2 Staff is updating language to ensure consistent with previously approved changes.
23
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-40
f. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Home Park
(A) Standards for HP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the Home Park in
which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the Home Park in which they are located.
(e) Storage buildings for individual Home Park Spaces and intended for the
exclusive use of the Home Park Space occupants shall be permitted.
Such accessory structures shall meet required setbacks from adjacent
structures.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes and/or Temporary Residential Units already
located on approved and established Home Park Spaces.
(2) Home Park Space Requirements
24
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-41
(a) A Home Park shall be divided into individual Home Park Spaces, each
Home Park Space having an area and width consistent with Section 3.8.
The Orange County Health Department may increase the minimum area
requirements for the park and/or individual Home Park Spaces where
necessary to be consistent with groundwater resources and/or the
limitations of providing sewage disposal systems for the proposed mobile
home park.
(b) Only one mobile home or Temporary Residential Unit and its customary
accessory buildings may be located within any Home Park Space at one
time. Additional Efficiency Units or Temporary Residential Units shall not
be permitted within an occupied Home Park Space.
(c) The location of each Home Park Space must be at an elevation, distance
and angle in relation to the adjacent access drive or street such that
placement and removal of the mobile home or Temporary Residential
Unit is practical by means of customary moving equipment.
(d) The surface of each Home Park Space and the area around it shall be
graded where necessary to provide proper drainage and prevent the
accumulation of water.
(e) Each Home Park Space shall have a solid base surface consisting of at
least three inches of compacted fill dirt, crusher run or Chapel Hill gravel,
or paved slab, and it shall comply with those standards specified in the
State of North Carolina Regulations for Mobile Homes and Modular
Housing. Prior to installation of the base surface, all top soil shall be
removed from the area to be occupied by the mobile home or Temporary
Residential Unit.
(3) Unit Separation Requirements
The following separation requirements shall pertain to every mobile home and
Temporary Residential Unit within a home park.
(a) Each mobile home or Temporary Residential Unit shall be located at
least 20 feet from another mobile home or Temporary Residential Unit
and/or building within the home park. For purposes of determining
separation requirements, all attached structures, including storage
buildings, carports and covered porches, will be considered part of a
mobile home or Temporary Residential Unit.
(b) Each mobile home or Temporary Residential Unit shall be located at
least 22 feet from the right of way line or edge of pavement of an access
drive or street providing access to the space on which the mobile home
or Temporary Residential Unit is located, whichever is greater.
(c) A detached accessory structure located within an individual Home Park
Space shall be located at least five feet from any mobile home or
Temporary Residential Unit or other building.
(4) Installation of Individual Units
(a) Mobile Homes
(i) Mobile homes shall be set up and installed in accordance with
standards specified in the State of North Carolina Residential
Code and other regulations for Mobile Modular Housing.
(ii) The owner/operator of a home park shall designate a uniform
type of solid foundation enclosure or skirting fully enclosing the
crawl space beneath each mobile home. Foundation enclosures
or skirting must be installed in accordance with applicable
standards of the North Carolina State Building Code and, in any
25
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-42
event, within 90 days of placement of a mobile home on a mobile
home space.
(iii) Access shall be provided to all entrances of a mobile home by
way of steps (including handrails) and shall be permitted and
installed in accordance with the standards of the North Carolina
State Building Code. Where the residents of a mobile home
choose to install decks adjacent to entrances, the mobile home
will be required to have steps and handrails which meet the
standards of the North Carolina State Building Code until the
decks are completed.
(b) Temporary Residential Units
(i) Each Temporary Residential Unit shall be set up and installed in
accordance with standards specified in the State of North
Carolina Regulations for Recreational Vehicle (RV) Park Model
units.
(ii) Access to all entrances that are provided via permanent porches
and/or steps to the unit shall be installed in accordance with the
standards of the North Carolina State Building Code.
(5) Vehicular Access for HP-CZ Districts
(a) Each individual space shall abut an improved access drive or street
approved by the County.
(b) No individual space shall have direct vehicular access to a street or
thoroughfare other than those located within the mobile home park.
(c) The street layout within the Home Park should be appropriately related to
the topography, locations of abutting land uses, drainage patterns, street
function and other natural features of the site.
(d) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic.
(e) All streets shall be located within a 40 foot right of way
(f) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(g) All streets shall be constructed with paved, all-weather surfaces
consisting of four inches of base material (crusher run) and 1 ½ inches of
1 2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(h) Every street shall have a maintained six foot wide shoulder running
parallel and adjacent to each side of the paved street surface. The
shoulder section may be used for walkways, driveways, grass or low
growing vegetative ground cover or utility rights of way.
(i) The maximum length of a cul-de-sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(j) No street shall intersect another street at an angle less than 60 degrees.
(k) The turning radius at street intersections shall not be less than 30 feet.
(l) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street center
lines.
26
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-43
(m) Streets intersecting with a State maintained street shall conform to the
standards of the North Carolina Department of Transportation specified
in Subdivision Roads Minimum Construction Standards.
(n) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weather paved surface.
(6) Signs
(a) Any sign erected on-site shall comply with the standards established in
Section 6.12 of this Ordinance.
(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul-de-sacs
shall have ‘Dead End’ street signs erected at the entrance to such
streets.
(7) Street Names, Signs & Addressing
(a) All street names shall be approved by the Orange County Planning
Department and Land Records staff.
(b) Street signs shall be located and constructed to Orange County
standards and shall be installed outside the right-of-way at all
intersections.
(c) Each applicant shall submit to the Planning Department and Land
Records for approval a space addressing system consistent with the
Orange County Addressing Ordinance. Upon approval of the home park,
the applicant shall submit an approved copy of the addressing plan to the
emergency services/fire protection agency responsible for providing such
services.
(d) Each space shall have a permanent address sign erected in accordance
with the Orange County Addressing Ordinance.
(8) Grounds and Buildings
(a) The grounds shall be maintained free of litter, debris and trash, including
but not limited to abandoned appliances, automobiles, building materials
or similar materials.
(b) Grounds, buildings and storage areas shall be maintained to prevent the
growth of ragweed, poison ivy, poison oak and other noxious weeds.
(9) Mail Facilities
(a) Within each HP-CZ district shall provide a clustered mail delivery system,
in compliance with the appropriate postal service guidelines. Applicants
shall consult the appropriate agency for the specific requirements of this
system.
(b) Access to the mail delivery facility must be designed to allow three to
four cars to stop at the mail delivery facility without conflict from passing
vehicles.
(10) Garbage & Refuse Collection
(a) All garbage and refuse shall be stored in suitable waterproof and rodent
proof receptacles which shall be kept covered with tightly fitting lids.
(b) A central collection system shall be provided either through a private
collection system for individual spaces or through the use of bulk
containers (dumpsters).
27
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-44
(c) Where bulk containers are used, there must be at least one four cubic
yard bulk container for every 16 individual spaces, which shall be
emptied weekly. Within the HP-CZ district, parks with fewer than 16
spaces shall be required to provide one container.
(d) Bulk containers shall be front loading wherever practicable. A side-
loading container may be allowed where a front-loading container is not
feasible and the property is accessible to a regular route of a side-
loading refuse collection vehicle.
(e) Where bulk containers are provided, a six inch reinforced concrete pad
shall be provided to set the set container and also support the front
wheels of the truck during the loading operation. The pad shall be 10
feet in width and 20 feet in length with at least 10 feet of the pad
accessible for the truck to drive onto in front of the dumpster container
for front loading pickup. If side loading containers are used, the pad may
be 12 feet in width and eight feet deep with no projection for the truck
wheels.
(f) Bulk refuse containers (dumpsters) shall be screened in accordance with
the provisions of Section 6.8.9 of this Ordinance.
(11) Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the Home Park.
(12) Recreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
(13) Buffers and Landscaping
(a) All spaces must be located at least 100 feet from any property line, not
including street right-of-ways, regardless of the zoning district. The
disturbance of land within the 100 foot buffer is prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
(c) Spaces must be set back 40 feet from a public street right-of-way. The
disturbance of land and existing vegetation within the setback area is
prohibited and additional plantings may be required to meet the
standards for a Type C buffer.
(14) Utilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission.
(b) Temporary Residential Unit utility services shall meet applicable State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required from either
a municipal or public water system. When a municipal or public system is
not available, the mobile home park must be serviced by a supply
approved in accordance with State and local regulations.
(d) An adequate and safe method of sewage disposal shall be required.
Collection systems, sewage treatment facilities, or individual septic tank
systems shall be approved in accordance with State and local
regulations.
28
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-45
(e) Street lighting shall be provided at each street intersection and
throughout the park. Where the distance between street intersections
exceeds 500 feet, additional street lights may be required.
(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater and other permanent or temporary utility systems and their
connection pedestals shall be shown on the home park plans.
5.5.5 Existing Mobile Home Parks3
(A) General Standards of Evaluation
(1) Existing mobile home parksHome Parks that do not meet the standards set forth
in this Ordinance shall be considered non-conforming.
(2) Existing Mobile Home Parks that convert spaces or stalls to accommodate
Temporary Residential Units must meet applicable standards of this section and
Section 2.5.
(3) Non-conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non-conforming; and,
(b) The existing waste treatment system is functioning properly.
(5) Removal and replacement of such units shall not be considered expansion of the
non-conforming use.
(6) New, mobile home parks or portions of existing, mobile home parksHome Parks
that have been previously approved, but have not constructed substantial
improvements, including, but not limited to, water systems, roads, parking areas,
recreational facilities and mobile home pads, or do not have sewage disposal
systems installed by the date of adoption of this section shall meet all applicable
standards for new mobile home park as set forth in this Ordinance.
5.5.6 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non-conforming yards or
setbacks.
(c) Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
setback requirements as well as those requirements specified in
Subsections (4) and (5) below, if applicable.
3 To be reviewed with the County’s Attorney office.
29
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
Orange County, North Carolina – Unified Development Ordinance Page 6-41
TABLE 6.8.6.D: LAND USE BUFFERS
ZONING OR USE OF ADJACENT PROPERTIES
RB
,
AR
,
RI
R-
2
,
R-
3
R-
4
,
R-
5
R-
8
,
R-
1
3
MHP
-
C
Z
O/
R
M
,
NC
-
2
,
LC
-
1
CC
-
3
,
G
C
-
4
,
EC
-
5
EI
,
I-
1
,
I-
2
,
I-
3
,
PI
D
INT
E
R
S
T
A
T
E
HIG
H
W
A
Y
ART
E
R
I
A
L
STR
E
E
T
COL
L
E
C
T
O
R
STR
E
E
T
ACT
I
V
E
FAR
M
/
AGR
I
C
U
L
T
U
R
E
Zo
n
i
n
g
o
r
U
s
e
o
f
S
u
b
j
e
c
t
P
r
o
p
e
r
t
y
RB, AR, R1 - A A B F E F F F E B B
R-2 & R-3 A - A B F D F F F D B B
R-4 & R-5 A A - B F C E E F C B B
R-8 & R-13 B B B - F B D D F C B B
MHP-CZ F F F F - F F F F F F F
O/RM, NC-2,
LC-1 E D C B F - - - F B B D
CC-3, GC-4,
EC-5 F F E D F - - - F B B D
EI, I-1, I-2, I-3,
PID F F E E F - - - F B B D
AS, ASE-CZ D A A A F A A A F B B B
Note: MPD-CZ buffers to be determined at time of approval.
(E) Natural Buffers
(1) If there is existing, healthy, natural vegetation in the area of a required buffer, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer shall be increased 50% and the number of required
plantings shall be increased 50%.
(2) The critical root zones of trees within the buffer must be protected if the applicant
seeks credit for preservation of existing trees. For example, if a required buffer
has a dimensional width of 30 feet, and the critical root zone extends beyond the
30 feet, the buffer will be extended to the edge of the critical root zone in the area
around the tree.
(3) If necessary, a natural buffer will be supplemented with additional plantings in
order to meet the Constructed Buffers standards established herein.
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
30
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-77
(D) No person may continue to operate, maintain, or leave standing any sign or part or
component thereof for more than 30 days after the permit authorizing such sign has been
revoked in accordance with this Section.
6.12.10 Maintenance
All signs, together with braces, guys and other supports shall be kept in good repair. If at any
time a sign should be abandoned, declared unsafe, or deemed poorly maintained, the Planning
Director shall notify the owner of the sign of such condition. Failure of the owner to correct the
maintenance condition shall cause the Planning Director to take appropriate legal action to have
the sign removed.
6.12.11 Signs Permitted in All Zoning Districts
The following signs are permitted in all zoning districts with the issuance of a zoning compliance
permit, in accordance with the requirements of this Section and the additional standards for each
sign established herein:
(A) Permanent Identification Signs for Subdivisions, Multi-family Developments,
Mobile Home Parks, and Schools
(1) Identification signs shall not exceed 32 square feet in area and six feet in height.
(2) Developments shall be limited to two signs at each point of ingress/egress.
(3) Signs shall be placed outside of the site visibility triangle so as not to obstruct the
view of traffic.
(4) Signs may be illuminated in such a fashion so as not to affect the view of
motorists.
(B) Signs for Non-profit Organizations on Premise
(1) Signs shall not exceed 12 square feet in area.
(2) Signs may not display any advertising matter or logo.
(3) Signs may not be illuminated.
(C) Off-Premise Religious Facility Signs
(1) Signs shall identify the name and/or location of a religious facility.
(2) Signs shall not exceed six square feet in area and may not be illuminated or
contain moving parts.
(3) Signs must be placed on a legal lot of record and the applicant shall provide a
notarized statement from all owners of property allowing the off-premise sign to
be erected on their property. There shall be only one off-premise religious facility
sign permitted per parcel and a maximum of two per intersection.
(4) The placement of a off-premise religious facility sign shall be treated as an
accessory use of property.
(D) Special Event Displays
(1) Signs or banners shall not exceed 32 square feet in area.
(2) All displays must be located outside of the right-of-way and have approval of
property owners when located on private property.
(3) Pennants
(a) Pennants may be displayed during the special event to attract attention
but only within 30 feet of the principal area where the special event is
occurring.
31
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-79
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ,
MHP-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning
districts.
(3) All on-premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right-of-way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face. For parcels zoned CC-3, GC-4, O/RM, I-1, I-3, AS, EDB-2,
EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72
square feet in area for parcels that:
(i) Are larger than 60,000 square feet in area, and
(ii) Have more than 300 linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(b) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
32
Article 8: Nonconformities
Section 8.9: non-Conforming Uses of Major Structures, or Structures and Premises in Combination
Orange County, North Carolina – Unified Development Ordinance Page 8-4
Planning Director shall cease within two years of the adoption of this Ordinance, or any amendment
hereto, which shall cause such uses to become non-conforming. Prior to termination, the following
limitations shall apply:
(A) There shall be no enlargement, increased intensification or alterations to the use, its
permanent structure, or both.
(B) If the use ceases for more than 90 consecutive days or a total of 180 days in a one-year
period, subsequent use of the premises shall conform to the district regulations.
(C) No such use shall be located or moved to any portion of the lot other than that occupied
at the time the non-conforming status was created.
(D) No such land shall be subdivided nor any structure added, except for purposes, and in a
manner, conforming to district regulations. However, subdivision which does not increase
the degree of nonconformity shall be permitted.
SECTION 8.9: NON-CONFORMING USES OF MAJOR STRUCTURES, OR
STRUCTURES AND PREMISES IN COMBINATION
Non-conforming use of structures with a value higher than that stated in Section 8.8, or of such structures
and premises in combination, may be continued, provided that:
(A) Such uses may not be enlarged, extended, altered or replaced, except for a change to a
use permitted in the district in which located, except as provided in subsection (b) of this
section.
(B) A non-conforming use may be extended through portions of a building manifestly
arranged or intended for such use, but not otherwise, and shall not extend to occupy land
outside such building or any additional building not used for such non-conforming use at
the time that non-conforming status was established.
(C) If a non-conforming use ceases for more than 180 days in any two-year period,
subsequent use shall conform to the regulations of the district in which located.
(D) Individual mobile homes within mobile home parksHome Parks, non-conforming under
this section, may be replaced with other individual mobile homes or dwelling units,
provided that the total number of units does not exceed the number existing at the time
that the mobile park became non-conforming.
(E) Individual mobile homes not located within mobile home parksHome Parks may be
replaced with other individual mobile homes or dwelling units provided that such
replacement does not increase the degree of non-conformity.
(F) Non-conforming buildings or uses or other development may not be enlarged, replaced,
or rebuilt unless such enlargement or reconstruction is accomplished conforming to the
provisions of this Ordinance.
However, 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 that the bulk of the building or structure below the regulatory flood protection
elevation in the floodway, non-encroachment area, or stream setback is not increased
and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this Ordinance.
SECTION 8.10: NON-CONFORMING STRUCTURES, OTHER THAN SIGNS
A structure which is non-conforming, due to noncompliance with one or more dimensional requirements
contained in Articles 3, 4, or 5 and which is used for a use permitted in the district in which located, may
remain, provided that:
(A) Any structural change to the building shall not increase the degree of nonconformity.
Structural changes which decrease or do not affect the degree of nonconformity shall be
permitted.
33
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2018
Action Agenda
Item No. 5
SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Home
Park Conditional Zoning District (HP-CZD) Acreage and Land Use Modifications
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-04
2. Draft UDO Text Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon government-initiated Unified Development Ordinance
(UDO) text amendments modifying maximum allowable acreage, and permitted uses within, the
Home Park Conditional Zoning District (HP-CZD).
BACKGROUND: The County has begun investigating opportunities to develop affordable
housing units on County owned property.
Staff was tasked with reviewing the development of a Home Park on 77 acres of property off
Millhouse Road, owned by the County, currently slated for development as a park.
Current regulations limit Home Parks to a maximum allowable area of 50 acres. Staff is
recommending increasing the maximum allowable land area that can be zoned for development
of a Home Park. Further, staff has determined parks and government facilities are not listed as
permitted uses of property within the HP-CZD. If the properties were rezoned, other uses such
as a public park could not be developed. The proposed amendment will address this issue by
allowing for the development of parks and government facilities within the District.
For more information please refer to Attachment 1.
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.
34
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-04
UDO text amendment(s) modifying the maximum allowable acreage for, and including
additional permitted land uses within, the Home Park Conditional Zoning District (HP-
CZD).
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. 3.8 Base Zoning Districts – Home Park Conditional Zoning
District; and
2. 5.2.3 Table of Permitted Uses – Conditional Zoning Districts
Other:
B. RATIONALE
Attachment 1
35
Form Revised 09-29-16
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 the UDO to increase the maximum allowable acreage
for, and include additional permitted land uses within, the Home Park Conditional
Zoning District (HP-CZD).
Specifically staff is proposing to increase the maximum allowable acreage for a
Home Park to be 100 acres versus the current limit of 50 acres and allow for
government office(s) and parks within the HP-CZD district.
The purpose of the amendment is to allow for larger home parks within the County,
thereby increasing opportunities for additional affordable housing, and allowing for
the development of additional land uses within the HP-CZD conditional zoning
district.
Please note Home Parks are still required to adhere to any established density limits
associated with the subject property.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The County has begun investigating opportunities to develop affordable housing units
on County owned property. These units would be in addition to other existing, or
proposed, County operated facilities (i.e. government offices, parks, etc.) located on
the same property.
Staff was tasked with reviewing the development of a Home Park on 78 acres of
property off Millhouse Road, currently slated for development as a park. The 2
parcels, further identified utilizing Orange County Parcel Identification Numbers
(PINs) 9871-51-9160 and 9871-60-7301, are currently zoned Rural Buffer (RB) and
would have to be rezoned to HP-CZD to accommodate the development of the Home
Park.
The total area of property involved is approximately 78 acres. Current regulations
limit Home Parks to a maximum allowable area of 50 acres. Staff is recommending
increasing the maximum allowable land area that can be zoned for development of a
Home Park.
Further, staff has determined parks and government facilities are not listed as
permitted uses of property within the HP-CZD. If the properties were rezoned, the
proposed park could not be developed.
The proposed amendment will address this issue by allowing for the development of
parks and government facilities within the District.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
36
Form Revised 09-29-16
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
April 17, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
May 2, 2018 – 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:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
N/A
c. Local Government Review:
March 15, 2018
Pending
Not applicable
37
Form Revised 09-29-16
Staff will transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review by
April 6, 2018.
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 amendment will allow for the development of parks and government facilities within
the HP-CZD district as well as increase allowable acreage for the district.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
38
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-67
HP-CZ
HOME PARK
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 5/501001
Tract Front Setback
from ROW, min. (feet) 40
PURPOSE Tract Side Setback,
min. (feet) 20
The purpose of the Home Park Conditional Zoning (HP-CZ) District
is to provide for the development of properly located and planned
facilities for mobile home and temporary housing unit parks.
Adequate housing is fundamental to the welfare of county residents;
however, conventional housing is not consistently affordable to, nor
desired by, all members of the general public. There is also an
identified need to provide some level of flexibility for transient
residents who need to reside within the area on a temporary basis.
Where properly regulated and located, Home Parks address the
public need for alternative housing and achieve a satisfactory
relationship to adjoining and nearby property.
Tract Rear Setback,
min. (feet) 20
Individual Mobile Home
Space Size, min.
(square feet)
5,000
Temporary Residential
Unit Space Size, min.
(square feet)
2,000
APPLICABILITY Individual Space Width,
min. (feet) 50
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
HP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses are
restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for
land use restrictions.
1 Staff is recommending increasing the maximum allowable acreage that can be rezoned to HP‐CZD from 50 to 100
acres. This will allow for larger home parks and an increase in the opportunity for additional affordable housing
options. Further, increasing the acreage will allow for additional units in areas of the County with more restrictive
density limitations (i.e. University Lake and Cane Creek Watershed Protection Overlay Districts where density is
typically 1 unit for every 5 acres of property).
39
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41
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2018
Action Agenda
Item No. 6
SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments –
Subdivision Amendments
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-05
2. Session Law 2017-10
3. Draft UDO Text Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon government-initiated Unified Development Ordinance
(UDO) text amendments revising regulations governing the processing of subdivision
applications.
BACKGROUND: On May 4, 2017, Session Law 2017-10 (Attachment 2) modified the review of
subdivision proposals by local governments, specifically:
1. Created a new category of exempt subdivision, and
2. Limited local governments to requiring only a plat for recordation (i.e. a Final Plat
application as detailed in Section 2.14.3 of the UDO) for a division of land in single
ownership meeting specific criteria.
For more specificity, please refer to Attachment 1.
Staff will need to amend the UDO to incorporate these changes in order to ensure local land use
regulations are consistent with applicable State law.
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.
42
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-05
UDO text amendment to update existing subdivision regulations to incorporate recent
changes in State law creating the expedited subdivision review process.
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. Section 7.2 Classification of Subdivisions
2. Section 7.2.1 Exempt Subdivisions
Other:
B. RATIONALE
1. Purpose/Mission
Attachment 1
43
Form Revised 09-29-16
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 the UDO to incorporate recent changes in State law
relating to the processing of subdivisions.
The purpose of the amendment is to ensure consistency with State law.
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’.
NC General Statue (NCGS) 153A-335 defines a subdivision as: ‘divisions of a tract or
parcel of land into two or more lots, building sites, or other divisions when any one or
more of those divisions are created 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’.
Session Law 2017-10, adopted May 4, 2017, modified the review of subdivision
proposals by local governments as follows:
1. Created a new category of exempt subdivision (i.e. a division of property
not included within the definition of a ‘subdivision’ and not subject to
regulation), specifically the ‘division of a tract into parcels in accordance
with the terms of a probated will or in accordance with intestate succession
under Chapter 29 of the General Statutes’ ; and
2. Limited local governments to requiring only a plat for recordation (i.e. a
Final Plat application as detailed in Section 2.14.3 of the UDO) for a
division of land in single ownership meeting the following criteria:
a. Parcel being divided is not considered an exempt subdivision
under State law;
b. No part of the property has been divided within the last 10 years;
c. The parcel is greater than 5 acres in area;
d. No more than 3 parcels are created; and
e. The resultant lots comply with all of the following:
i. Applicable dimensional and size requirements based on the
general use zoning district,
ii. The use of the lots is in conformity with local land use
regulations, and
iii. A permanent means of ingress/egress is recorded for each
lot.
Staff will need to amend the UDO to incorporate these changes in order to ensure
local land use regulations are consistent with applicable State law.
44
Form Revised 09-29-16
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Session Law 2017-10 (Attachment 2)
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
May 2, 2018 – 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:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
Not applicable
March 15, 2018
Pending
Not Applicable
45
Form Revised 09-29-16
c. Local Government Review:
Not applicable
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 amendment is necessary to ensure County regulatory standards are consistent with
State law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
46
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-10
SENATE BILL 131
*S131-v-7*
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF
NORTH CAROLINA.
The General Assembly of North Carolina enacts:
PART I. BUSINESS REGULATION
EMPLOYMENT STATUS OF FRANCHISES
SECTION 1.1. Article 2A of Chapter 95 of the General Statutes is amended by
adding a new section to read:
"§ 95-25.24A. Franchisee status.
Neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the
franchisor for any purposes, including, but not limited to, this Article and Chapters 96, 97, and
105 of the General Statutes. For purposes of this section, "franchisee" and "franchisor" have the
same definitions as set out in 16 C.F.R. § 436.1."
STREAMLINE MORTGAGE NOTICE REQUIREMENTS
SECTION 1.2. G.S. 45-91 reads as rewritten:
"§ 45-91. Assessment of fees; processing of payments; publication of statements.
A servicer must comply as to every home loan, regardless of whether the loan is considered
in default or the borrower is in bankruptcy or the borrower has been in bankruptcy, with the
following requirements:
(1) Any fee that is incurred by a servicer shall be both:
a. Assessed within 45 days of the date on which the fee was incurred.
Provided, however, that attorney or trustee fees and costs incurred as
a result of a foreclosure action shall be assessed within 45 days of the
date they are charged by either the attorney or trustee to the servicer.
b. Explained clearly and conspicuously in a statement mailed to the
borrower at the borrower's last known address within 30 days after
assessing the fee, provided the servicer shall not be required to take
any action in violation of the provisions of the federal bankruptcy
code. The servicer shall not be required to send such a statement for a
fee that: (i) results that either:
1. Is otherwise included in a periodic statement sent to the
borrower that meets the requirements of paragraphs (b), (c),
and (d) of 12 C.F.R. § 1026.41.
2. Results from a service that is affirmatively requested by the
borrower, (ii) is paid for by the borrower at the time the
service is provided, and (iii) is not charged to the borrower's
loan account.
(2) All amounts received by a servicer on a home loan at the address where the
borrower has been instructed to make payments shall be accepted and
47
Senate Bill 131 Session Law 2017-10 Page 9
(2) A statement rejecting the zoning amendment and describing its
inconsistency with an adopted comprehensive plan and explaining why the
action taken is reasonable and in the public interest.
(3) A statement approving the zoning amendment and containing at least all of
the following:
a. A declaration that the approval is also deemed an amendment to the
comprehensive plan. The governing board shall not require any
additional request or application for amendment to the
comprehensive plan.
b. An explanation of the change in conditions the governing board took
into account in amending the zoning ordinance to meet the
development needs of the community.
c. Why the action was reasonable and in the public interest.
(c) Prior to consideration by the governing board of the proposed zoning amendment,
the planning board shall advise and comment on whether the proposed amendment is consistent
with any comprehensive plan that has been adopted and any other officially adopted plan that is
applicable. plan. The planning board shall provide a written recommendation to the governing
board that addresses plan consistency and other matters as deemed appropriate by the planning
board, but a comment by the planning board that a proposed amendment is inconsistent with
the comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the governing board.
(d) Zoning regulations shall be designed to promote the public health, safety, and
general welfare. To that end, the regulations may address, among other things, the following
public purposes: to provide adequate light and air; to prevent the overcrowding of land; to
avoid undue concentration of population; to lessen congestion in the streets; to secure safety
from fire, panic, and dangers; and to facilitate the efficient and adequate provision of
transportation, water, sewerage, schools, parks, and other public requirements. The regulations
shall be made with reasonable consideration, among other things, as to the character of the
district and its peculiar suitability for particular uses, and with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout such city.
(e) As used in this section, "comprehensive plan" includes a unified development
ordinance and any other officially adopted plan that is applicable."
SECTION 2.4.(d) G.S. 160A-400.32 reads as rewritten:
"§ 160A-400.32. Relationship of agreement to building or housing code.code;
comprehensive plan amendment.
(a) A development agreement adopted pursuant to this Chapter shall not exempt the
property owner or developer from compliance with the State Building Code or State or local
housing codes that are not part of the local government's planning, zoning, or subdivision
regulations.
(b) When the governing board approves the rezoning of any property associated with a
development agreement adopted pursuant to this Chapter, the provisions of G.S. 160A-383
apply."
SECTION 2.4.(e) Nothing in this section shall repeal, modify, or amend any prior
or subsequent local act giving authority to a governing board to delegate zoning decisions to a
planning board, planning agency, or planning commission.
SECTION 2.4.(f) This section becomes effective October 1, 2017, and applies to
proposed zoning amendment applications filed on or after that date.
PARENT PARCEL/SUBDIVISION CLARIFICATION
SECTION 2.5.(a) G.S. 153A-335 reads as rewritten:
"§ 153A-335. "Subdivision" defined.
48
Page 10 Session Law 2017-10 Senate Bill 131
(a) For purposes of this Part, "subdivision" means all divisions of a tract or parcel of
land into two or more lots, building sites, or other divisions when any one or more of those
divisions are created 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; however, the following is not included within this definition and is not subject
to any regulations enacted pursuant to this Part:
(1) The combination or recombination of portions of previously subdivided and
recorded lots if the total number of lots is not increased and the resultant lots
are equal to or exceed the standards of the county as shown in its subdivision
regulations.
(2) The division of land into parcels greater than 10 acres if no street
right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets or for public transportation system corridors.
(4) The division of a tract in single ownership 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.
(5) The division of a tract into parcels in accordance with the terms of a
probated will or in accordance with intestate succession under Chapter 29 of
the General Statutes.
(b) A county may provide for expedited review of specified classes of subdivisions.
(c) The county may require only a plat for recordation for the division of a tract or
parcel of land in single ownership if all of the following criteria are met:
(1) The tract or parcel to be divided is not exempted under subdivision (2) of
subsection (a) of this section.
(2) No part of the tract or parcel to be divided has been divided under this
subsection in the 10 years prior to division.
(3) The entire area of the tract or parcel to be divided is greater than five acres.
(4) After division, no more than three lots result from the division.
(5) After division, all resultant lots comply with all of the following:
a. Any lot dimension size requirements of the applicable land-use
regulations, if any.
b. The use of the lots is in conformity with the applicable zoning
requirements, if any.
c. A permanent means of ingress and egress is recorded for each lot."
SECTION 2.5.(b) G.S. 160A-376 reads as rewritten:
"§ 160A-376. Definition.
(a) For the purpose of this Part, "subdivision" means all divisions of a tract or parcel of
land into two or more lots, building sites, or other divisions when any one or more of those
divisions is created for the purpose of sale or building development (whether immediate or
future) and shall include all divisions of land involving the dedication of a new street or a
change in existing streets; but the following shall not be included within this definition nor be
subject to the regulations authorized by this Part:
(1) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant
lots are equal to or exceed the standards of the municipality as shown in its
subdivision regulations.
(2) The division of land into parcels greater than 10 acres where no street
right-of-way dedication is involved.
49
Page 44 Session Law 2017-10 Senate Bill 131
"(e) The Department, in consultation with the Commission for Public Health and local
health departments, shall report no later than October 1 of each year to the Environmental
Review Commission, the House of Representatives and Senate Appropriations Subcommittees
on Natural Joint Legislative Oversight Committee on Agriculture and Natural and Economic
Resources and the Fiscal Research Division of the General Assembly on the implementation of
this section. The report shall include the purpose and amount of all expenditures from the Fund
during the prior fiscal year, a discussion of the benefits and deficiencies realized as a result of
the section, and may also include recommendations for any legislative action."
REDIRECT REPORT ON PARKS AND RECREATION TRUST FUND TO THE ANER
OVERSIGHT COMMITTEE
SECTION 4.23. G.S. 143B-135.56(f) reads as rewritten:
"(f) Reports. – The North Carolina Parks and Recreation Authority shall report no later
than October 1 of each year to the Joint Legislative Commission on Governmental Operations,
the House and Senate Appropriations Subcommittees on Natural and Economic Resources,
Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research
Division, and the Environmental Review Commission on allocations from the Trust Fund from
the prior fiscal year. For funds allocated from the Trust Fund under subsection (c) of this
section, this report shall include the operating expenses determined under subdivisions (1) and
(2) of subsection (e) of this section."
PART V. SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 5.1. If any section or provision of this act is declared unconstitutional or
invalid by the courts, it does not affect the validity of this act as a whole or any part other than
the part declared to be unconstitutional or invalid.
SECTION 5.2. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 27th day of April,
2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 5:27 p.m. this 4th day of May, 2017
50
Orange County, North Carolina – Unified Development Ordinance Page 7-1
ARTICLE 7: SUBDIVISIONS
SECTION 7.1: GENERAL PROVISIONS
7.1.1 Purpose
(A) The purpose of this Article is to guide and regulate the subdivision of land within Orange
County, for sale or building development, in order to:
(1) Ensure the public health, safety, and welfare;
(2) Provide for the sound use of land;
(3) Ensure adequate planning of street systems;
(4) Avoid overcrowding of land;
(5) Prevent fire, panic, and other dangers;
(6) Ensure that water and sewage systems are safe and adequate;
(7) Prevent flood damage;
(8) Facilitate an orderly use of land;
(9) Ensure the proper legal description and monumenting of subdivided land; and
(10) Encourage the proper management of Orange County's natural resources.
(B) It is the expressed purpose of this Article to provide for, in addition to the above, the
protection of water resources in Orange County, through the use, alone or in
combination, of buffer zones, varying lot sizes, slope restrictions, vegetation, or other
equally effective techniques. Innovative techniques on the part of the developer are
encouraged where these techniques can be shown to be as effective as the specific
requirements of the Article.
7.1.2 Jurisdiction and Applicability
(A) In accordance with the North Carolina General Statutes, no person may subdivide their
land within the planning jurisdiction of Orange County except in accordance with the
provisions of this Ordinance.
(B) No subdivision shall be recognized by the Planning Department until a final plat of the
subdivision has been approved and signed by the Planning Director and recorded in the
Orange County Register of Deeds Office, including the recordation of any additional
documentation required by this Ordinance.
(C) As provided in North Carolina General Statutes, the Orange County Review Officer shall
not certify a plat of any subdivision within the County’s subdivision jurisdiction unless the
plat has been approved in accordance with the provisions of this Ordinance.
7.1.3 Compliance with Plans and Other Applicable Regulations
All subdivisions shall comply with applicable general provisions, standards, and policies outlined
within this Ordinance and the Orange County Comprehensive Plan, as well as with any special
planning studies, small area plans, corridor plans, or special planning studies approved or
adopted by the Board of County Commissioners.
SECTION 7.2: CLASSIFICATION OF SUBDIVISIONS
Subdivisions shall be classified as Exempt, Minor, or Major, in accordance with the provisions of this
Section. Review procedures for all subdivisions are contained in Article 2.
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Article 7: Subdivisions
Section 7.2: Classification of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-2
7.2.1 Exempt Subdivisions
(A) In accordance with North Carolina General Statutes, the following activities do not
constitute a subdivision and are expressly exempt from established review and approval
processes, provided that the property’s exempt status is confirmed in accordance with
the procedures detailed in Article 2:
(1) The combination or recombination of portions of previously subdivided and
recorded lots if the total number of lots is not increased and the resultant lots are
equal to or exceed the standards of the County, including private road
justification standards, as detailed within this Ordinance.
(2) The division of land into parcels greater than ten acres if no street right-of-way
dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets.
(4) The division of a tract in single ownership of the entire area of which is no greater
than two acres into not more than three lots, if no street right-of-way dedication is
involved and if the resultant lots are equal to or exceed the standards of the
County as detailed within this Ordinance.
(5) The division of a tract into parcels in accordance with the terms of a probated will
or in accordance with intestate succession under Chapter 29 of the General
Statutes.1
(B) Exempt subdivision shall be required to meet all applicable requirements for the granting
of zoning and building permits.
7.2.2 Minor Subdivisions
(A) A subdivision shall be classified as “minor” if it does not:2
(A)(1) Create more than:
(1)(a) Five lots, including the residual acreage, following the Conventional
subdivision design model; or
(2)(b) Twelve lots, including the residual acreage, following the Flexible
Development subdivision design model, from any one tract of land in any
ten year period;
(B)(2) Dedicate or improve any new public street other than widening an existing public
street;
(C)(3) Extend public water and/or sanitary sewerage systems other than laterals to
serve individual lots; and
(D)(4) Necessitate the installation of drainage improvements which would require
easements through one or more lots to serve other lots.
(B) Only a final plat application, as detailed in Section 2.14.3 of this Ordinance, shall be
required for divisions of a tract or parcel of land in single ownership meeting all of the
following criteria:3
(1) The tract or parcel to be divided is not exempt under the provisions of the
Ordinance,
1 Session Law 2017‐10 created a new category of ‘exempt subdivision’ to include a division of property resulting
from a probated will. Staff is incorporating this new language to ensure consistency with State law.
2 The format of existing regulations is being modified to accommodate necessary changes to the section and
ensure consistency.
3 Session Law 2017‐10 limits local governments to requiring a final plat for certain divisions of property. Staff is
modifying the UDO to include this provision and applicable criteria to ensure consistency with State law.
52
Article 7: Subdivisions
Section 7.3: Phasing of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-3
(2) No part of the tract or parcel to be divided has been divided within the past 10
years from the date of application submittal,
(3) The entire area of the tract or parcel to be divided is greater than five acres,
(4) No more than 3 lots result from the division,
(5) All resultant lots comply with the following:
(a) Lot dimension and size requirements of applicable land use regulations,4
(b) The use of the lot(s) is in conformity with applicable land use regulations,
and
(c) A permanent means of ingress and egress is recorded for each lot.
7.2.3 Major Subdivisions
(A) A major subdivision is any subdivision that is not an Exempt or Minor subdivision, as
classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further classified as
follows:
(1) Major Subdivision, Standard
All subdivisions not classified as an Exempt Subdivision; Minor Subdivision;
Major Subdivision, Class A Special Use; or Major Subdivision, Conditional Use.
(2) Major Subdivision, Class A Special Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 21-40 lots.
(3) Major Subdivision, Class A Special Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 21-79 lots.
(4) Major Subdivision, Conditional Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 41 or more lots.
(5) Major Subdivision, Conditional Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 80 or more lots.
(B) For the purpose of determining whether a subdivision is a Major Subdivision, Class A
Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Conditional
Use District (Rural Designated or Urban Designated), the number of lots created shall be
determined by counting the cumulative number of lots created, through subdivisions, on a
tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land
Records of Orange County as of November 5, 2003.
SECTION 7.3: PHASING OF SUBDIVISIONS
A major subdivision may be developed in phases, provided that:
(A) Each phase contains at least five lots, unless depicted on a phasing plan approved by the
Board of County Commissioners as part of the preliminary subdivision plat with the
express determination that the proposed phasing makes it unlikely that a subdivider
would willingly abandon a final phase that contains a required extension of a road or
other infrastructure;
4 Staff interprets this to include density requirements based on a parcels location within a Watershed Protection
Overlay District.
53
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2018
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments –
Modification of Neighborhood Information Meeting (NIM) Requirements
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-03
2. Draft UDO Text Amendments
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) text amendments updating existing requirements for the holding of Neighborhood
Information Meetings (NIM).
BACKGROUND: NIMs are typically required for several types of projects (i.e. special use
permits, conditional use districts/conditional zoning applications, major subdivision concept plan,
government land uses, etc.) and are held before formal review of an application commences
(i.e. staff, Planning Board, or BOCC). The goal of the NIM is twofold:
a. Allow interested parties to review/ask the applicant questions about the project, and
b. Allow staff to explain the review process for a given application.
For more information on NIMs, including a synopsis of existing meeting requirements, please
refer to Attachment 1.
Staff has heard from members of the public, the Planning Board, and elected officials that NIMs
appear to be occurring too close to the Planning Board meeting to be of any real benefit.
Further, there is apparent confusion as to when NIMs are required to occur.
The proposed amendment(s) seek to establish, to the greatest extent possible, uniformity with
respect to the scheduling of NIMs for projects reviewed by the BOCC where a recommendation
is made by the Planning Board.
Staff believes these amendments will address the concerns with the turnaround time between
NIMs and Planning Board meetings, establish desired uniformity within the UDO where
possible, and still allow for adequate time for local residents to become informed of projects and
required review processes.
54
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.
55
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-03
UDO text amendment to correct timeline for the holding of a neighborhood meeting
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. Section 2.7.5 Special Use Permits – Neighborhood
Information Meeting;
2. Section 2.9.1 (D) Conditional Use District – Neighborhood
Information Meeting;
3. Section 2.9.2 (D) Conditional Zoning District – Neighborhood
Information Meeting;
4. Section 5.10 8 (B) (2) Balloon Test – Telecommunication
Facilities – Class B Special Use Permits
Attachment 1
56
Form Revised 09-29-16
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 the UDO to amend the timeframe for holding of
neighborhood information meetings. The purpose of the amendment is to eliminate
confusion on the required time frame for holding neighborhood information meetings
and ensure uniformity within 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’.
Neighborhood Information Meetings (NIM) are typically required for several types of
projects (i.e. special use permits, conditional use districts/conditional zoning
applications, major subdivision concept plan, government land uses, etc.) and are
typically required to occur before formal review commences (i.e. staff, Planning
Board, or BOCC)
A synopsis of the current requirements is as follows:
1. Section 2.7.5 Special Use Permits (Class A or B not including
telecommunication facilities): NIM held a minimum of 45 days prior to public
hearing.
2. Section 5.10.8 (B) (2) Telecommunication Facilities:
a. For Class A permit applications (i.e. 200 ft. and taller) a balloon test is
held a minimum of 11 weeks (77 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
b. For Class B permit applications (i.e. 76ft to 199.9 ft.) a balloon test is
held a minimum of 6 weeks (42 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
3. Section 2.9.1 (D) Conditional Use District (CUD): NIM held a minimum of 45
days prior to the public hearing.
4. Section 2.9.2 (D) Conditional Zoning District (CZD): NIM held a minimum of
14 days prior to the public hearing.
5. 2.14.2 (B) Minor Subdivisions. For a minor subdivision utilizing the flexible
development option with more than 5 lots, a NIM is required once the concept
application is accepted for review (i.e. after determined to be complete) by
staff.
The UDO does not establish a specific timeline as to when this meeting is
held. Standard practice has been the NIM is held before staff takes formal
57
Form Revised 09-29-16
action on the application.
6. 2.15.2 (D) Major subdivision: NIM held a minimum of 14 days prior to the
review of the Concept Plan by the Planning Board.
7. Section 2.24.2 (A) Government Uses: Has to occur prior to the formal
submittal of the Zoning Compliance Permit/Site Plan application to the
Planning Department for processing.
Staff has heard from some members of the public, Planning Board members, and
elected officials that NIMs are typically occurring too close to the Planning Board
meeting to be of any real benefit.
Further, with respect to telecommunication facilities requiring a Class B Special Use
Permit (i.e. 76ft to 199.9 ft.) there is an inherent conflict between the requirements of
Section 5.10.8 (B) (2) (i.e. balloon test and NIM 42 days prior to the public hearing)
and Section 2.7.5 (i.e. NIM held minimum 45 days prior to public hearing)
To address these issues staff is recommending the following:
a. NIMS for:
• Non-telecommunication facility Class A Special Use Permits,
• CUD, and
• CZD applications
shall be required a minimum of 14 days prior to the Planning Board’s
scheduled review of the item.
b. Amend Section 5.10.8 (B) (2) to require balloon test/NIM for Class B special
use permits to occur a minimum of 45 days prior to the public hearing rather
than 42 days.
Staff believes these amendments will address some of the concerns staff has heard
over the turnaround time between NIMs and Planning Board meetings, establish
desired uniformity within the UDO where possible, and still allow for adequate time
for local residents to become informed of projects and required review processes.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
58
Form Revised 09-29-16
a. BOCC Authorization to Proceed
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
May 2, 2018 – 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:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
March 15, 2018
Pending
Not Applicable
General Public:
Small Area Plan Workgroup:
Other:
59
Form Revised 09-29-16
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 text amendment will establish uniformity with respect to the scheduling and holding
of neighborhood meets for projects.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
60
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-20
(6) A list of all parcels located within 500 feet of the subject parcel and the name and
address of each property owner, as currently listed in the Orange County tax
records.
(7) Elevations of all structures proposed to be used in the development.
(8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of
the Environmental Assessment and/or Environmental Impact Statement, if
required by Section 6.16.
(9) Method of disposal of trees, limbs, stumps and construction debris associated
with the permitted activity, which shall be by some method other than open
burning.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County’s Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CZ zoning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail notices of the meeting date and time via first class mail to each property owner
within one thousand feet of the property for which a Special Use has been requested.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
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Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-21
(E) The meeting shall be held a minimum of: 1
(1) 14 days prior to the date of the Planning Board meeting where the application is
scheduled for review (Class A Special Use Permit applications). 2
(2) of 45 days prior to the date of the Public Hearing (Class B Special Use Permit
applicaitons).3
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
2.7.6 Notice Requirements for Class A Special Use Permits
(A) The Planning Director shall give notice of the date, time and place of the Planning Board
meeting at which the Planning Board is scheduled to review a Special Use Permit
application.
(1) Written notice shall be sent by first class mail to all adjacent property owners not
less than ten days before the Planning Board meeting date. Adjacent property
owners are those whose property lies within one thousand feet of the affected
property and whose names and addresses are currently listed in the Orange
County tax records. The outside of the envelope or postcard shall be marked
“Notice of Planning Board Meeting.”
(2) The Planning Director shall post on the affected property a notice of the Planning
Board meeting at least ten days prior to the date of said meeting.
(3) Notices may be combined with notice of the Neighborhood Information Meeting
required in Section 2.7.5.
(B) The Planning Director shall give notice of the date, time and place of the public hearing to
be held to receive evidence in the form of testimony and exhibits pertaining to the
application for a Special Use.
(1) Written notice shall be sent by first class mail to all adjacent property owners at
least ten days but not more than 25 days before the hearing date. Adjacent
property owners are those whose property lies within one thousand feet of the
affected property and whose names and addresses are currently listed in the
Orange County tax records. The outside of the envelope or postcard shall be
marked “Notice of Public Hearing.”
(2) The Planning Director shall post on the affected property a notice of the public
hearing at least ten days but not more than 25 days prior to the date of said
hearing.
(3) Notice of the public hearing shall be published in a newspaper of general
circulation in Orange County once a week for two successive weeks, with the first
notice to be published not less than ten days nor more than 25 days prior to the
date of the hearing. In computing the notice period, the day of publication is not
to be included, but the day of the hearing is to be included.
1 Staff is amending the UDO to create uniformity with respect to the hold of neighborhood meetings for various
projects.
2 Staff has heard comments from the elected officials, the general public, and Planning Board members NIMs are
occurring too close to the Planning Board meeting to serve a useful purpose. The amendment will require the NIM
to be held a minimum of 14 days prior to the Planning Board meeting where the project is going to be discussed.
This will, hopefully, allow for sufficient time for all concerned parties to prepare to discuss the project at the
Planning Board meeting.
3 As a reminder Class B Special Use Permits are reviewed/acted upon by the Board of Adjustment with no
review/recommendation by the Planning Board.
62
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-31
(2) Class A Special Use Permit (Section 2.7), and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CUD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5
including the following:
(i) A detailed description of the proposed use of property including
an outline of the proposed operational characteristics of the
proposed development,
(ii) A detailed traffic survey, regardless of the estimated number of
trips per day, prepared in accordance with all applicable North
Carolina Department of Transportation (NC DOT) requirements
or standards as well as Section 6.17 of this Ordinance,
(iii) The appropriate environmental document prepared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on-site significant
trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features.
(b) A summary of utility services, including processing of wastewater.
(c) A schedule of construction of all elements of the proposal; and
(d) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) 26 copies of the application package required in (1) above shall be submitted by
the applicant.
(3) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CUD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
and time via first class mail to each property owner within one thousand feet of
the property for which a CUD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
63
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-32
(5) The Neighborhood Information Meeting meeting shall be held a minimum of 45
14 days prior to the date of the Public HearingPlanning Board meeting where the
application is scheduled for review and public comment. 4
(E) Review and Evaluation of Application
(1) All CUD applications shall be reviewed and acted upon in accordance with the
review procedures for Class A Special Use Permits (Section 2.7).
(2) The following shall be considered when evaluating an application for a CUD:
(a) The policies and objectives of the Orange County Comprehensive Plan,
particularly in relation to the use, proposed site, and surrounding area;
(b) The policies and objectives of any adopted Small Area Plan(s) relating to
the area; and
(c) The potential impacts to the surrounding area including, but not limited,
to: traffic, storm water drainage, compatibility of land use activities, and
land values.
(3) The Board of County Commissioners may attach reasonable and appropriate
conditions to the location, nature, and extent of the proposed use. Such
conditions may address the following:
(a) The characteristics of the proposed use and its relationship to
surrounding property and existing land uses,
(b) The proposed support facilities, such as parking, screening and buffer
areas,
(c) The timing of the proposed development,
(d) Architectural review and controls,
(e) The Permitted and Special Uses allowed under the existing zoning
classification, and,
(f) Other matters that the BOCC may find appropriate or the applicant may
propose.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application in the
following manner:
(a) Approve or deny the application to change the zoning designation of the
parcel to the appropriate CUD designation,
(b) Approve or deny the Special Use Permit application, and
(c) Approve or deny the CUD permit application.
(2) Specific conditions may be proposed by the applicant or the County, or its
agencies, but only those conditions mutually agreed upon by the County and the
petitioner may be incorporated into the SUP and/or CUD permit requirements.
(3) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the CUD application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
(G) Issuance of Permit
4 The amendment is necessary to create the desired consistency with respect to the holding of a NIM.
64
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-34
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5) for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for Master Plan Development (MPD)-CZD
applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater. For
Home Park (HP) CZD, the utility service plan shall specify if the
proposed services are temporary or permanent connections.
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD) CZD shall include the requirements in Section 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
and time via first class mail to each property owner within one thousand feet of
the property for which a CZD has been requested.
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Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-35
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
(5) The Neighborhood Information Meeting meeting shall be held a minimum of 14
days prior to the date of the Public HearingPlanning Board meeting where the
application is scheduled for review and public comment.
(E) Review and Evaluation of Application
The review, processing, and evaluation of a CZD application is a legislative process
subject to judicial review using the same procedures and standards of review that apply
to general use district zoning decisions.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application to
rezone the property in accordance with the procedures outlined within Section
2.8.
(2) The applicant or the County may recommend that reasonable and appropriate
conditions be attached to the approval of the application
(3) Conditions and site-specific standards shall be limited to those that address the
conformance of the development to County ordinances, the adopted
Comprehensive Plan, or any other relevant plans that address the impacts
reasonably expected to be generated by the proposed development. Any such
conditions may address:
(a) The compatibility of the proposed development with surrounding
property,
(b) Proposed support facilities (i.e. roadways and access points, parking
areas and driveways, pedestrian and vehicular circulation systems,
screening and buffer areas, the timing of development, street and right-
of-way improvements, storm water drainage, the provision of open
space, etc), and/or
(c) All other matters the County may find appropriate or the petitioner may
propose.
(4) Conditions of approval may include dedication to the County or State, as
appropriate, of any rights-of-way or easements for streets, water, sewer, or other
public utilities necessary to serve the proposed development.
(5) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
(G) Effect of Approval
(1) Approval of a CZD is binding on the property and the development and use of the
subject property shall be governed by the Ordinance requirements applicable to
the specific CZD district and all approved conditions.
(2) The applicant shall comply with all requirements established in the CZD
Ordinance. Only those uses and structures included in the CZD Ordinance and
approved site plan shall be allowed on the subject property.
(H) Zoning Atlas Designation
66
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-102
designed to function, which may be required to be determined by the
manufacturer’s published specifications for the customer equipment.
(j) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(l) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements – Special Use Permits
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the collocation of wireless telecommunications
equipment and mitigating the visual effect of a wireless
telecommunication support structure to an extent not commercially
impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test5
(a) The applicant shall, at least six weeks45 days6, 7 prior to a Class B
Special Use Permit public hearing andor Planning Board meeting where
5 The balloon test required for a telecommunication facility serves 2 purposes namely: allow interested parties to
see a visual representation of the height of the proposed tower and the holding of a neighborhood meeting
allowing staff and the applicant to review the project.
6 References to required neighborhood meetings within the UDO are typically in days versus weeks. Staff is
modifying this section to ensure consistency.
7 The typical timeframe for a NIM for a Class B Special Use Permit is 45 days. Staff is proposing to modify the
timeframe for a balloon test for a telecommunication facilities reviewed under this process to be 45 days versus 42
days (i.e. 6 weeks) for consistency purposes.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-103
a Class A Special Use Permit application is scheduled for review8 at
least 11 weeks prior to a Class A Special Use Permit public hearing,
conduct a balloon test whereby the applicant shall arrange to fly, or raise
upon a temporary mast, a minimum of 10’3” in length, brightly colored
red or orange balloon at the maximum height of the proposed new
wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
This notice shall also inform local residents that a neighborhood
information meeting shall be held the day of the balloon test so that the
applicant can explain the proposal and Planning staff, including the
County’s telecommunications consultant, can explain the Special Use
Permit review process.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
(f) The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7, the following
shall be submitted as part of the application:
(a) A site plan showing the following:
(i) The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
8 To ensure consistency, staff is requiring the NIM to be held in advance of the Planning Board meeting where an
application is slated for review. This will actually result in a balloon test for a telecommunication facility to be held
more than 77 days (i.e. 11 weeks) prior to a public hearing.
68