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HomeMy WebLinkAboutORC agenda 080118 ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004) HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, August 1, 2018 Ordinance Review Committee Meeting – ~ 7:30 pm (immediately following the regular Planning Board meeting) Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members who would like to review and comment on proposed amendments before the items are formally considered by the Planning Board. Attendance is not mandatory and a quorum is not necessary for meetings of the ORC. No. Page(s) Agenda Item 1. CALL TO ORDER 2. 2 – 5 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – FEMA FLOOD MAPS - To review and discuss proposed amendments to the UDO regarding FEMA flood maps. Presenter: Michael Harvey, Current Planning Supervisor 3. 6 – 31 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS - BOARD OF ADJUSTMENT - To review and discuss proposed amendments to the UDO to streamline and revise provisions related to the Board of Adjustment. Presenter: Michael Harvey, Current Planning Supervisor 4. 32 – 162 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF TABLES OF PERMITTED USES - To continue review and discussion on proposed amendments to the UDO that would reorganize the Tables of Permitted Uses in response to the Byrd v. Franklin County judicial decision and modify other sections to ensure consistency within the ordinance. Presenter: Michael Harvey, Current Planning Supervisor 5. ADJOURNMENT 1 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: August 1, 2018 Action Agenda Item No. 2 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Update of Flood Information Rate Maps (FIRM) DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft UDO Amendment(s) on new Flood Insurance Rate Map (FIRM) Effective Dates Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and comment upon Planning Director initiated Unified Development Ordinance (UDO) text amendments updating the effective date of the County’s Flood Information Rate Maps (FIRM). BACKGROUND: As the Board may be aware from past correspondence, Orange County has been a member of the National Flood Insurance Program (NFIP) since approximately 1976. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates in the program. Specifically communities must adopt and enforce regulations designed to mitigate/reduce flood risk. This includes adoption of flood maps denoting areas where flooding is a possibility. Flood areas are identified on FIRM maps, which are developed and maintained by FEMA. On November 14, 2017 the BOCC approved a UDO and Zoning Atlas Amendment package that: 1. Adopted new FIRM maps with an effective date of November 17, 2017, 2. Eliminated the Special Flood Hazard Area (SFHA) Overlay District, and 3. Updated existing flood damage prevention regulations to ensure consistency with State and Federal requirements. Agenda materials from the November 14, 2017 public hearing can be accessed utilizing the following link: http://cms3.revize.com/revize/orangecounty/document_center/BOCCAgendaMinutes/171114.pd f Staff was recently informed by State FEMA officials there is going to be a FIRM update modifying existing flood data. As a result of these changes, Orange County must modify existing regulation(s) to reflect the new FIRM effective date, specifically October 19, 2018. The County is required to update the existing FIRM effective date to continue to be eligible for participation in the NFIP. 2 At this time there is no approved timeline for the review of this item. At its September 4, 2018 regular meeting, the BOCC will be asked to adopt an amendment outline form establishing the review timelines (Planning Board review/recommendation, public hearing, etc.) of the aforementioned amendment. 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): The Planning Director recommends the Planning Board receive the amendment package and provide feedback on the proposed amendment(s). 3 Orange County, North Carolina – Unified Development Ordinance Page 1-1 ARTICLE 1: ADMINISTRATION SECTION 1.1: GENERAL PROVISIONS 1.1.1 Title The official title of this document is ‘Unified Development Ordinance of Orange County, North Carolina’. For convenience, it shall be referred to throughout this document as ‘this Ordinance’, ‘the Ordinance’, ‘ the/this Unified Development Ordinance’ or ‘the/this UDO’. 1.1.2 Authority This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina General Statues (NCGS), specifically the provisions of: (A) Chapter 153A, Article 18, (B) Chapter 4, (C) Chapter 160A, Article 19, (D) Chapter 39, Article 5A, (E) §47-30, and (F) §143 214.5. For the purpose of establishing comprehensive development regulations for designated portions of Orange County and providing for administration, enforcement and amendment thereof in accord with the aforementioned provisions. 1.1.3 Flood Damage Prevention Authority – Basis for Establishment (A) The Legislature of the State of North Carolina has delegated authority to county governments to adopt regulations to promote the public health, safety, and general welfare of its citizenry in the following sections of the North Carolina General Statutes: (1) Part 6, Article 21 of Chapter 143, (2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and (3) § 153A-121. (B) The Special Flood Hazard Areas (SFHA) are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and associated Digital Flood Insurance Rate Map (DFIRM) panels, with an effective date of November 17, 2017October 19, 20181 for Orange County including any digital data developed as part of the, which are adopted by reference and declared a part of this ordinance. Future revisions to the FIS and panels that do not change flood hazard data within the jurisdictional authority of Orange County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within 3 months. For reference, previous SFHA data was produced under the CTS agreement between the State of North Carolina and FEMA or FIS and its accompanying FIRMs for Orange County dated: (1) February 2, 2007, with incorporation of Letters of Map Amendments 07-04- 6156R, 08-04-2897A, 08-04-2898A, 08-04-2899A, and 08-04-2900A;, (2) May 16, 2008, with incorporation of Letters of Map Revision 06-04-BQ22P, 06- 1 This change is being necessitated due to updates by FEMA in the FIRM for Orange County.  4 Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-2 04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115-CWG (C) dated May 16, 2008and, (3) November 17, 2017 which with accompanying supporting data, including Letters of Map Amendment or Revision and Summary of Map Amendments, were adopted by reference and declared to be a part of this Ordinance as part of the Special Flood Hazard Area Overlay District, which was eliminated with the adoption of the aforementionedrevised FIS and DFIRMs with an effective date of November 17, 2017.2 1.1.4 Purpose and Intent (A) In order to protect and promote the health, safety and general welfare of the County and its residents, this Ordinance is hereby adopted by the Orange County Board of Commissioners. (B) The purpose of the regulations set out in this Ordinance shall be to accomplish compatible development of the land within Orange County in a manner which will best promote the health, safety, and general welfare, as well as to: (1) Provide for efficiency and economy in the process of development; (2) Make adequate provisions for traffic; (3) Secure safety from fire, panic, and other hazards; (4) Provide for light and air; (5) Prevent the overcrowding of land; (6) Avoid undue concentration of populations; (7) Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; (8) Provide for the protection of the surface and underground water resources of the County; (9) Provide for efficient use of renewable and non-renewable sources of energy; (10) Promote desirable living conditions and the sustained stability of neighborhoods; (11) Protect property against blight and depreciation; and (12) For other purposes in accordance with the Comprehensive Plan for the County. (C) It is the further purpose that all material included herein by reference and all material used for the administration of this Ordinance, does not take any property, does not unduly restrict property rights or use, nor convert any of these to public use except by due process of law. (D) The Ordinance is further designed to provide for residential, commercial, and industrial growth in Orange County by the establishment of districts within which each type use can develop properly and profitably and not interfere with the use of land in adjacent parcels or districts. 1.1.5 Statement of Intent - Amendments For the purpose of establishing and maintaining sound, stable and desirable development within Orange County this Ordinance shall not be amended except to: (A) Correct a manifest error in the Ordinance, or 2 Staff is recommending modifying existing language in an attempt to make it more user friendly and easier to  follow for the reader.  5 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: August 1, 2018 Action Agenda Item No. 3 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Modify and Clarify Language Governing Operation of the Submittal of Applications and Operation of Board of Adjustment DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft UDO Amendment(s) James Bryan, County’s Attorney Office (919) 245-2319 Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and comment upon Unified Development Ordinance (UDO) text amendments initiated by the Planning Director at the request of the County’s Attorney office to revise and clarify the operation of the Board of Adjustment as well as streamline existing language regarding submittal of applications to Orange County for processing. BACKGROUND: As part of the County’s Attorney office annual work plan, the BOCC directed Mr. John Roberts and his staff to review and clarify existing language within the UDO governing the operation of the Orange County Board of Adjustment as well as the submittal of applications for review. On July 2, 2018, Planning staff received recommended text changes for initial review and comment. The Attorney is proposing the following: 1. Updating and clarifying language in Section 1.8 concerning the operation of the Board of Adjustment; 2. Revising existing language associated with the submittal, review, processing, and action on variance, special use permit (both Class A and B), and appeal applications; 3. Eliminating language in Section 2.11 Interpretations of the UDO. The attorney’s office believes this contradicts existing language in Section 2.26 Appeals and is redundant. 4. Modifying existing language within Section 5.3 dealing with the processing of Special Use Permits. At this time there is no approved timeline for the review of this item. At its September 4, 2018 regular meeting, the BOCC will be asked to adopt an amendment outline form establishing the review timeline (Planning Board review/recommendation, public hearing, etc.) of the aforementioned amendment. 6 Staff would like to take this opportunity to review and discuss the recommended changes in order to provide the County’s Attorney office with feedback. 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): The Planning Director recommends the Planning Board receive the amendment package and provide feedback on the proposed amendment(s). 7 Article 1: Administration Section 1.8: Board of Adjustment Orange County, North Carolina – Unified Development Ordinance Page 1-15 SECTION 1.8: BOARD OF ADJUSTMENT 1.8.1 Establishment (A) The Orange County Board of Commissioners under the authority of §153A-345 of the General Statutes of North Carolina, as amended, for the purposes and advantages described herein creates a Board of Adjustment. (B) The Board shall consist of five members and two alternates who shall be residents of Orange County’s Planning Jurisdiction. Members shall serve without compensation except for incidental expenses incurred in connection with official duties as approved by the Board of County Commissioners. (C) The Board of County Commissioners may by resolution establish rules related to the requirements for volunteer service on the Board of Adjustment, including appointment and removal of Board of Adjustment members, and rules of procedure.The Board of Adjustment shall adopt and amend its rules of procedures not inconsistent with the North Carolina General Statutes, this Unified Development Ordinance and any other policies adopted by the Board of County Commissioners. 1.8.2 Tenure and Membership (A) The members shall be appointed by the Board of County Commissioners for terms of three years. A member whose term has expired shall continue to serve on the Board until his/her respective successor has been appointed and qualified. (B) Members’ terms shall be staggered so that all terms will not expire simultaneously. (C) In cases where an individual is appointed to serve the unexpired portion of a Board member’s term, the appointment shall be for the time period of the unexpired term only and shall not be counted as a regular term for that member. (D) A member may be appointed for a second successive term, but after two consecutive terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of completion of the second term. (E) An alternate member shall only vote in the absence of a regular member. 1.8.3 Duties The Board of Adjustment shall have the following duties: (A) Hear, review, and decide appeals of any order requirement, decision, orfinal and binding determination made by the Planning Director in the performance of official duties. (B) Hear and decide applications for the approval of Class B Special Use permit applications in accordance with the rules and conditions laid down in this Ordinance. (C) Hear and decide appeals for variances from the dimensional regulations of this Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance shall be construed to authorize the Board of Adjustment to permit a use in a district where that use is neither a Permitted Use nor a Special Use. (D) Pass upon, decide or determine such other matters as may be required by this Ordinance. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB1]: BOCC already established rules for BOA but allows for the BOA to amend those rules and doesn’t mention BOCC being able to amend them. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB2]: Language more consistent with statutory and case law 8 Article 1: Administration Section 1.9: Development Advisory Committee Orange County, North Carolina – Unified Development Ordinance Page 1-16 1.8.4 Rules of Procedure The Board of Adjustment shall adopt Rules of Procedure and Regulations for the conduct of its affairs. The rules shall be maintained in the office of the Planning Director. Except as otherwise expressly stated in this Ordinance, the rules adopted by the Board of Adjustment shall provide for: (A) Selection of officers, specifically a Chair and Vice-Chair, whose term of office shall be one year, with eligibility for re-election. (B) Attendance requirements. (C) Establishment of a quorum, which shall be a majority of the appointedfour members, to allow the Board to conduct business. (D) Establishment of a date and time for a regular meeting. (E) A procedure for calling special meetings as the need of the Board requires. 1.8.5 Conduct and Notification of Meetings All meetings of the Board shall be conducted in compliance with: (A) North Carolina General Statutes Chapter 143, Article 33C, (B) This Ordinance The Planning Director shall give notice of Board meetings as provided in NCGS Chapter 143, Article 33C. Notice of meetings shall be given to Board of Adjustment members as provided in the Rules of Procedure adopted by the Board as well as the provisions of this Ordinance. 1.8.6 Record of Meetings The Planning Director shall keep a record of Board meetings to be maintained as a permanent public record. This record shall include minutes from each meeting including the vote of each member on every question, the Board’s findings on required items, recommendations, and a complete summary of the evidence submitted to the Board including all documents, data, and testimony presented. SECTION 1.9: DEVELOPMENT ADVISORY COMMITTEE 1.9.1 Establishment and Intent (A) Establishment There is hereby established a Development Advisory Committee (DAC) to assist the Planning Department in the execution of its functions with respect to processing applications submitted in accordance with the provisions of this Ordinance. (B) Intent The DAC is an informal advisory committee to allow various entities to review and discuss issues associated with a submitted application in order to assist with the development of a formal recommendation as to the disposition of the request by the Planning Department. 1.9.2 Duties and Responsibilities The Development Advisory Committee has the following duties and responsibilities. The Committee shall: (A) Review proposed text and atlas amendments, Conditional Districts, Special Use permits, rezonings, subdivisions or other similar technical issues that may be referred to the Committee. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB3]: Recommended change to be consistent with current BOA Rules of Procedure adopted in 1999. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 9 Article 2: Procedures Section 2.2: Applications Orange County, North Carolina – Unified Development Ordinance Page 2-2 SECTION 2.2: APPLICATIONS 2.2.1 Authority to File Applications (A) Applications submitted under this Ordinance shall be submitted by the landowner, as identified by the records of the Orange County Tax Office, or their authorized agent. (B) If the applicant is not the an owner, or sole owner, of the land, a notarized letter signed by the owner(s) consenting to the submission of the application shall be submitted along with all required application information and materials. Where more than one person or entity is listed as the owner, any one shall suffice. 2.2.2 Timely Processing of Applications The Planning Director, Planning Board, Board of Adjustment, Board of County Commissioners and all other authorized review and decision-making bodies shall make every reasonable effort to process, review, and act on applications in a timely manner, consistent with the need to fully consider the application’s proposed impact and ensure that it is consistent with the spirit and intent of the Orange County Comprehensive Plan and otherwise advances the public health, safety, and general welfare. 2.2.3 Burden Of Proof The burden of demonstrating that an application complies with applicable submittal, review, and approval criteria is on the applicant except where otherwise provided in this Ordinance or by law. 2.2.4 Form of Application and Filing Fees (A) Unless a greater number is specified herein for a specific review procedure, three copiesone copy of all applications, including required supporting documentation, shall be submitted by the applicant. Applications detailing the submittal requirements for each type of application are available in the Planning Department office. (B) Officials responsible for accepting applications shall maintain ensure that such applications include a list specifying the materials and information to be submitted with each application filed. The list applications shall be made available to all applicants and to any other person who requests a copy. (C) The Planning Director is authorized to propose and promulgate administrative regulations, including but not limited to the type and amount of data required for a completed application, in order to implement the provisions of this Ordinance. (D) Applications must be accompanied by the fee amount that has been established by Board of County Commissioners. Application fees are nonrefundable except where the Planning Director rejects an application for being incomplete more than five days from submittal. 2.2.5 Pre-application Conference (A) Prior to submittal of an application for review and approval of a: (1) Non-residential development, (2) Special Use Permit (SUP), (3) Conditional Use District (CUD), (4) Conditional Zoning District (CZD), (5) Major Subdivision, and/or Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB4]: There have been issues where multiple owners exist, creating a cumbersome process of identifying, securing and validating complete ownership. Formatted: Indent: Left: 0.5" Comment [JCB5]: See 2.7.8(F) already providing that burden is on those objecting based upon safety concerns. This is consistent with case law regarding guiding standards which are general in nature. Formatted: Indent: Left: 1" Comment [JCB6]: Appears unnecessary and not followed by current practice. Comment [JCB7]: I do not believe such a list exists. In any case, it would probably be a better practice to have the list included on the actual application forms themselves which I think is the current practice. Forms often serve dual purposes of notifying the applicant of requirements and for providing a checklist for staff review for completeness. Comment [JCB8]: This may be best practice, but unsure if it is the current practice. Comment [JCB9]: See 2.2.6 C Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" 10 Article 2: Procedures Section 2.2: Applications Orange County, North Carolina – Unified Development Ordinance Page 2-3 (6) Minor Subdivisions Utilizing the Flexible Development Option. The applicant shall schedule a pre-application conference with the Planning Department. (B) In preparation for the pre-application conference, the applicant shall submit a sketch plan illustrating the location, size and major design elements of the proposed development no later than five working days prior to the pre-application meeting. (C) The Planning Department may request that representatives of other public agencies be present at the pre-application conference, including, but not limited to: (1) Planning Board, (2) Building Inspections, (3) Health Department, (4) Engineering, (5) Parks and Recreation, (6) The municipalities of Chapel Hill, Carrboro, Hillsborough, Mebane, and Durham, (7) North Carolina Department of Transportation (NCDOT), and (8) Utility Providers. (D) The applicant will be advised of the various development standards and review/approval processes for the project as well as any preliminary concerns regarding the project. 2.2.6 Application Completeness (A) An application shall be considered complete and ready for processing only if it is submitted in the required form and quantity, includes all required information, and is accompanied by the required filing fee. (B) The Planning Director shall review all submitted applications to determine compliance with all submittal requirements. (C) The Planning Director shall accept or reject an application within five business days from the date of submittal. If the application is not acted upon within this time frame, the applicant shall receive a full refund of all filing fees if the application is rejected. (D) The Planning Director shall notify the applicant, in writing, of any deficiencies in the application and invite the applicant to revise the application to correct identified deficiencies. If or when the application complies with all submittal requirements, the Planning Director shall accept the application as complete and notify the applicant of its acceptance. (E) No further processing of incomplete applications will occur until deficiencies are corrected. 2.2.7 Withdrawal of Applications (A) Submission of Request Any request for withdrawal of an application subject to a public hearing shall be submitted in writing to the Planning Director, or shall be made through a verbal request at a public hearing. (B) Prior to Notice of Public Hearing Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB10]: As a practice the BOA and BOCC likely should cease to make decisions on submittal requirements. This may have implications on some standards in Article 5. Where there are ambiguities, it should be clarified that submittal standards are for this threshold (PD review of completeness) rather than for a board’s review with FoF and Conclusions. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 11 Article 2: Procedures Section 2.2: Applications Orange County, North Carolina – Unified Development Ordinance Page 2-4 The Planning Director shall approve a request for withdrawal of an application if it has been submitted prior to public notification of the application in accordance with public notification requirements for the specific application type. (C) Subsequent to Notice of Public Hearing Withdrawal of an application subsequent to public notification of the application in accordance with public notification requirements for the specific application type shall be considered, for the purposes of this Article, a denial of the application. (D) Fees Fees shall not be refunded for withdrawn applications. 2.2.8 Effect of Denial on Subsequent Applications (A) For Comprehensive Plan, Zoning Atlas and Unified Development Ordinance or other legislative amendments, Iif the Board of County Commissioners denies an application, or the application is withdrawn subsequent to notice of the public hearing thereon, no application for the same or similar amendment, affecting the same property or a portion of it, may be submitted for a period of one year. Said one year period begins on the date of denial or withdrawal, as appropriate. (A)(B) For all matters requiring a quasi judicial hearing, if the Board denies an application, no application for the same proposal may be considered until there has been a material change in conditions. 2.2.9 Manner of Review Applications requiring a public hearing shall be reviewed using either a legislative process or a quasi-judicial process as follows: (A) Comprehensive Plan amendments – legislative (B) Special Use Permits – quasi-judicial (C) Zoning Atlas and Unified Development Ordinance amendments – legislative (D) Conditional Use District (CUD) – rezoning portion is legislative; BOCC Decision Application Submittal Text Future Land Use Map Publish Legal Ad (Both Amendment Types) Public Hearing Staff and Planning Board Recommendation to BOCC Comprehensive Plan Amendments Post Sign / Mail Notice for Planning Board Meeting and Public Hearing Development Advisory Committee Meeting Staff Recommendation to Planning Board Planning Board Review and Recommendation Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: (none) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 12 Article 2: Procedures Section 2.3: Comprehensive Plan Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-5 Special Use Permit portion is quasi-judicial (E) Conditional Zoning District (CZD) -– legislative (F) Variance – quasi judicial (E)(G) Appeals – quasi judicial SECTION 2.3: COMPREHENSIVE PLAN AMENDMENTS 2.3.1 Review and Approval Flow Chart The review and approval process for Comprehensive Plan Amendments is shown in the procedure’s flowchart. 2.3.2 Generally (A) The Comprehensive Plan shall be so prepared that all or individual elements and parts thereof may be adopted and/or amended by the Board of Commissioners. (B) For the purpose of establishing and maintaining sound, stable, and desirable development within Orange County, the Comprehensive Plan or portion thereof shall not be amended except as follows: (1) Because of changed or changing conditions in a particular area or areas of the County; (2) To correct an error or omission; or (3) In response to a change in the policies, objectives, principles or standards governing the physical development of the County. 2.3.3 Initiation of Amendments (A) An amendment to the Comprehensive Plan or portion thereof may be initiated by: (1) The Board of Commissioners on its own motion; (2) The Planning Board; (3) Application, by any person or agency, which accurately and completely sets forth the reason(s) for the proposed amendment as prescribed in Section 2.3.2(B); or (4) The Planning Director. (B) Once initiated, all amendments shall be referred to the Planning Board. 2.3.4 Public Hearing Required A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment. The Board of County Commissioners shall hear applications and receive public comment for proposed Comprehensive Plan amendments in a Public Hearing. 2.3.5 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notice of Planning Board meetings at which the Planning Board is to review and make a recommendation on Future Land Use Map amendments and Public Hearings at which an amendment to the Future Land Use Map is to be reviewed. Notifications of proposed Future Land Use Map amendments shall occur as follows: Formatted: (none) Formatted: (none) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 13 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-19 (2) An engineering report on the effects of the proposed project on the flood- carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and (3) A map, drawn to scale, showing the location of the proposed watercourse alteration or relocation. (E) For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required (F) Certification Exemptions The following structures, if located within Zone AE, are exempt from the elevation/flood proofing certification requirements specified in items (A) and (B) above: (1) Recreational vehicles meeting requirements of Section 6.21(B)(5); (2) Temporary structures meeting requirements of Section 6.21(B)(7); and (3) Accessory Structures with any dimension that is 12 feet or greater in height, width, or depth, meeting requirements of Section 6.21(B)(8). SECTION 2.7: SPECIAL USE PERMITS 2.7.1 Generally (A) Any use or development designated by applicable zoning district regulations contained within Article 5 as a special use, or as allowed only pursuant to a special use permit (either Class A or Class B), may be established in that district only after the use or development is authorized by a validly issued and recorded special use permit. (B) This section sets forth required review and approval procedures for submittal, review, and approval of applications for special use permit. (C) A special use permit authorizes its holder to use or develop a particular parcel of land in a particular way, as specified by the terms and conditions of the special use permit. Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 14 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-20 (D) A special use permit imposes on its holder the responsibility of ensuring that the authorized use or development continues to comply with the terms and conditions of approval. (E) Issuance of a special use permit does not relieve the holder of the special use permit of the additional responsibility of obtaining a building permit or any other permit or approval required by any other applicable law. 2.7.2 Review and Approval Flow Chart The review and approval process for Special Use Permits is shown in the procedure’s flowchart. 2.7.3 Application Requirements (A) Applications for a Special Use shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (B) Applications shall include: Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Application Submittal Class B SUP: Schedule NIM, DAC & Board of Adjustment quasi- judicial hearing Class A SUP: Schedule NIM, DAC, Planning Board meeting & BOCC quasi-judicial hearing BOCC decision Planning Board for review and recommendation Board of Adjustment decision Publish Legal Ad, Post Sign & Mail Notice for Public Hearing BOCC holds quasi- judicial hearing at Public Hearing Special Use Permit Neighborhood Information Meeting Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) Development Advisory Committee (DAC) Meeting Staff Review/ Analysis Begins BOA holds quasi- judicial hearing Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) & Planning Board meeting Publish Legal Ad, Post Sign & Mail Notice for Public Hearing Development Advisory Committee (DAC) Meeting Neighborhood Information Meeting Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 15 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-21 (1) A full and accurate description of the proposed use, including its location, appearance, and operational characteristics. (2) The name(s) and address(es) of the owner(s) of the property involved. (3) Relevant information needed to show compliance with the general and specific standards governing the Special Use (See Articles 5 and 6)all applicable standards. (4) For Class A Special Uses 26 copies of the site plan, and for Class B Special Uses 10 copiesDigital and one physical copy of the site plan, prepared by a registered North Carolina land surveyor, landscape architect, architect, or engineer, which shall contain the information listed in Section 2.5. (5) If the application involves a Preliminary Subdivision Plat, 26 copies of the Plat prepared in accordance with Section 7.14 shall be provided. (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)(7) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of theAn Environmental Assessment and/or Environmental Impact Statement, if required by Section 6.16. (9)(8) 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)(9) Statement from the applicant indicating the anticipated development schedule for the build-out of the project. (10) Statement from the applicant in justification of any request for vesting for a period of more than two years (five years maximum). (11) A proposed findings of fact for all applicable standards. (11)(12) Other information as required by the forms and relevant to an applicable standard. 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. Formatted: Indent: Left: 1.5" Comment [JCB11]: Need to have standardized terms and references to standards. Comment [JCB12]: Recommendation consistent with practices regarding digital availability versus paper. Comment [JCB13]: Easier for staff to produce this information. Comment [JCB14]: Will this always be relevant? Comment [JCB15]: Recommendation based on digital vs paper copies Formatted: (none) Comment [JCB16]: Relates back to #3 where applicant must show compliance. Typically that includes greater quantity with less specificity, making it less useful for when the board must make a determination. Formatted: (none) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1" 16 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-22 (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 or designee 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. (E) The meeting shall be held a minimum of 45 days prior to the date of the Public Hearing. (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 abutting 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 abutting 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.” Comment [JCB17]: Unless Craig wants to attend every BOA meeting. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB18]: Public input is contrary to due process considerations for quasi judicial hearings. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" 17 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-23 (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. 2.7.7 Notice Requirements for Class B Special Use Permits Notice Requirements for Class B Special Use Permits shall follow the procedures in Section 2.12.6. 2.7.8 Nature of Proceedings (A) The review of Special Use Permit applications shall be conducted during a public hearing by the decision-making board. (B) The review of a Special Use Permit application is a quasi-judicial process, where the Board responsible for rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn testimony presented at an evidentiary hearing, and then makes findings of fact supported by competent, substantial, and material evidence. (C) The chair or presiding officer of the hearing shall swear all parties intending to present evidence or testimony during the hearing. (D) The chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application, to ensure fair and orderly proceedings, and to otherwise promote the efficient and effective gathering of evidence. Such actions may include: (1) Barring the presentation of obvious hearsay evidence, (2) Barring the presentation of non-expert opinion, (3) Interrupting digressions into immaterial testimony, (4) Interrupting repetitive testimony, (5) Reasonably limiting the time allotted each witness or cross-examination, (6) Providing for the selection of spokespersons to represent groups of persons with common interests, (7) Interrupting personal attacks, and/or (8) Ordering an end to disorderly conduct. (E) Where the Board finds compliance with the general standards, specific rules standards governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner, noncompliance with a general standard that if located where proposed and developed and operated according to the plan as submitted: (1) the use will not maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted (2) the use will not substantially injure the value of adjoining property or, if so, is a public necessity; and, Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Comment [JCB19]: This is confusing because “general standards” likely is a reference to the case law minimum for guiding standards which are codified at 5.3.2(A) …but one (and only one) of those three general standards is listed below as a subsection to this. Comment [JCB20]: Clarification, I believe the intent was specific standards. Formatted: Indent: Left: 1.5" Formatted: (none) Formatted: (none) 18 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-24 (1)(3) the use will be in harmony with or compatible with its neighbors and generally consistent with the comprehensive plan. (F) Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare shall have the burden of establishing, by competent material and substantial evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 2.7.9 Review and Decision (A) For Class A Special Use Permits, the following shall apply: (1) All applications shall be referred to the Planning Board for review and recommendation after the Neighborhood Information Meeting but prior to the public hearing. (2) The Planning Board shall make a recommendation and proposed findings of fact on the application, including the findings required in Section 5.3.2 of this Ordinance. The Planning Board’s action on an application shall be one of the following: (a) Recommend approval based on proposed findings of fact, (b) Recommend denial based on proposed findings of fact, (c) Recommend approval based on proposed findings of fact but with specified conditions. (3) Should the Planning Board fail to make a recommendation prior to the public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (4) The Board of County Commissioners shall review the application during a Public Hearing. (5) All evidence shall be submitted during the public hearing. If additional evidence is requested by the Board of County Commissioners during a hearing which must be submitted at a later date, the hearing shall be continued to a date/time certain in order to receive the additional evidence. (6) After closing the public hearing, the Board of County Commissioners shall do one of the following: (a) Defer action to a later Board of County Commissioners meeting date, or (b) Act upon the application. (7) Board of County Commissioner action on the application shall include making appropriate findings of fact pursuant to Section 2.7.11, stating whether the board concludes each of the applicable standards have been met and one of the following: (a) Approval; (b) Approval but with specified conditions as provided in Section 2.7.12; or (c) Denial. (B) For Class B Special Use Permits, the following shall apply: (1) The Board of Adjustment shall review the application during a regularly scheduled public hearing. Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Comment [JB21]: There are times when a special meeting would be more prudent. For example, attendance issues at a July or December regular meeting because of holiday plans. If the parties can agree, it would be reasonable to allow a special meeting. There are significant notice requirements which help to ensure fairness. In addition, regular BOA meetings are not on the public radar enough to offer significant public notice by itself. 19 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-25 (1) The Planning Director shall submit a recommendation with proposed findings of fact based on the information available in the application package. Should the Planning Director fail to make a recommendation prior to the public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Director recommendation. (2) The Board of Adjustment shall conduct the hearing in accordance within the provisions detailed in this Section as well as those contained within Section 2.12. (3) After closing the public hearing, the Board of Adjustment shall take action upon the application. This action shall include making appropriate findings of fact pursuant to Section 2.7.11, stating whether the board concludes each of the applicable standards have been met and one of the following: (a) Approval; (b) Approval but with specified conditions as provided in Section 2.7.12; or (c) Denial. 2.7.10 Standards of Evaluation On deciding on an application, the Board shall consider: (A) the general standards from Section 5.3.2(A), (B) the specific service standards from Section 5.3.2(B), (C) the use standards from (1) Article 3 for each zoning district, (2) the Table of Permitted Uses at Section 5.2, and (3) additional standards for specific Special Uses established in Sections 5.4 through 5.17, (D) Tthe following specific vesting standards shall be used in deciding on an application: (A) The project meets all applicable design standards and other requirements of this Ordinance. (B)(1) The development can reasonably be completed within the vesting period requested, if any, and. (2) Where vesting in excess of two years is requested, the project is located in an area where current issues under study do not involve potential amendments to the Comprehensive Plan and/or this Ordinance,, and (C)(E) .the project meets all other applicable requirements of this Ordinance. 2.7.11 Required Findings (A) A resolution or motion to approve or deny the application must include the findings of fact and conclusions of law that support the decision. (1) Any proposed conditions of approval must also be included in the resolution or motion to approve the application. (A)(2) A resolution or motion to approve or deny shall not be deficient for failure to include findings of fact or conclusions of law to the extent where those are uncontested or otherwise made clear by the record. Comment [JCB22]: This replicates the prior section which has a NIM and PB for Class A SUPs heard by the BOCC. The PD makes recommendations based on the application. The PD should make application forms (and recommend amendments to the UDO relevant to submission requirements) so that relevant information is included such as forecast of evidence from appraisers etc. Formatted: (none) Formatted: Indent: Left: 2" Formatted: Indent: Left: 0.5" Comment [JCB23]: This was misleading in that this section was called Standards of Evaluation but only described one set of standards without mentioning all the other standards of evaluation which have to be considered. Formatted: Font: Not Bold Formatted: Heading 4, Indent: Left: 1.5" Formatted: Font: Not Bold, English (U.S.) Formatted: Font: Not Bold Formatted: Font: Not Bold, English (U.S.) Formatted: Font: Not Bold Formatted: Font: Not Bold, English (U.S.) Formatted: Heading 5, Indent: Left: 2" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Heading 4, Indent: Left: 1.5" Formatted: Font: Not Bold Formatted: Heading 5, Indent: Left: 2" Formatted: Font: Not Bold Formatted: Font: Not Bold, (none) Formatted: Heading 4, Indent: Left: 1.5" Formatted: Font: Not Bold Comment [JCB24]: Best practice would be to list those, but this is likely a sufficient placeholder. Assuming these other requirements are performance standards such as light, noise, trees, etc. Formatted: Font: Not Bold Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB25]: Recommendation to streamline the ordinance by combining A and B; ... [1] Formatted: (none) Formatted: Font: Not Bold Formatted: Heading 5, Indent: Left: 2" Formatted: Font: Not Bold, (none) Comment [JCB26]: Consistent with case law ... [2] 20 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-26 (B) A resolution or motion to deny the application must state findings of fact and conclusions of law that support the decision. (C)(B) If a resolution or motion to approve the application fails, the application is deemed denied. Those members voting against the resolution or motion must state which of the conclusions of law they could not reach as well as findings of fact on which their inability to reach the conclusions is based. 2.7.12 Conditions of Approval (A) The Board of County Commissioners or the Board of Adjustment, as appropriate, may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety and general welfare, ensure that substantial justice is done, and equitable treatment provided. (B) Conditions shall run with the land and use, and shall be binding on the original applicant(s) as well as all successors, assigns and heirs. (C) The Special Use Permit shall include a statement that if any condition of a Special Use Permit shall be held invalid or void, then the permit itself shall be void and of no effect. (D) It shall be stated in the Special Use Permit that the Permit shall automatically expire within 12 months of the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of County Commissioners as provided in Section 2.7.13. 2.7.13 Notification of Board Action (A) All final decisions of the Board shall be reduced in writing and signed by the Chair or presiding officer. (A)(B) The Planning Director or Secretary shall send a notice of the relevant Board’s action on the application by certified mail to the applicanta copy of the decision to the parties, including the applicant, the property owner if that person is not the applicant, and any other person who has requested a copy prior to the effective date of the decision. Delivery of the decision may be by email, first-class mail or personal delivery. A copy of the decision shall be filed in the Planning Department within five business days of the relevant Board’s actionafter signature by the Chair or presiding officer. (B)(C) The Planning Director, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Board's action. (C)(D) The Planning Director or Secretary, as appropriate, but not a designee, shall certify that the Special Use Permit with any imposed conditions is as approved by the Board of County Commissioners or Board of Adjustment, as appropriate, with a report provided to the County Manager. (D)(E) Once the Special Use Permit has been certified, the applicant shall record the permit with the Orange County Register of Deeds in a format prepared by the Planning Director. Failure to do so within 90 days from certification shall invalidate the Special Use Permit. 2.7.14 Time Limits and Extensions (A) If a request is received before the Special Use permit expires, the Board of County Commissioners, for good cause shown, may extend the expiration deadline six months upon the favorable recommendation of the Planning Board. Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: (none) Comment [JCB27]: The Secretary is appropriate for the BOA. Comment [JCB28]: Is this the current practice? It strikes me as not being consistent with current practices. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB29]: Assuming this to be for changes or modifications and applicable to the BOA as well. Comment [JCB30]: Should not defer or delegate decisions 21 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-27 (B) The application for an extension request shall be submitted a minimum of six months prior to the expiration of the Special Use Permit. (C) No changes shall be made to the terms and/or conditions of approval. (D) Only one approval of a time extension is permitted, and it shall be based on evidence presented by the applicant showing that permits have been pursued in a timely manner, and that delays have resulted from factors beyond the control of the applicant. (E) For developments which require approval of a Special Use Permit, the applicant may request that the Special Use Permit be vested as a Site Plan for a period of not less than two nor more than five years. For vesting purposes, Site Plans and Preliminary Plats may also be approved as a Special Use Permit at the request of the applicant. See Section 2.5 for information regarding site plans. 2.7.15 Changes to Approved Plans (A) The Planning Director is authorized to approve minor changes in the approved plans of Special Uses, as long as they are in harmony with action of the approving Board, but shall not have the power to approve changes that constitute a modification of the approval. A modification shall require approval of the Board having jurisdiction. (B) The following criteria shall constitute a modification: (1) Any change in a condition imposed during the approval of a special use permit. (2) Any change in use or enlargement of approved use. (3) Any increase in intensity of use. An increase in intensity of use shall be considered to be an increase in usable floor area and/or an increase in the number of dwelling or lodging units. (4) Structural alterations which significantly affects the basic size, form, style, ornamentation, and/or character of the building as shown on the approved site plan or described in the applicant’s narrative. (5) Substantial change in the amount and/or location of open space, recreation facilities or landscape screening. (6) Any increase in the size or number of approved signs. (7) Any change in parking areas resulting in an increase or reduction of 5% or more in the number of spaces approved. (8) Substantial changes in pedestrian and/or vehicular access or circulation. (9) Any change in a setback required by the provisions of this Ordinance or imposed as a condition of approval. (10) Any change in the location or extent of street and utility improvements or rights-of-way, including water, sewer and storm drainage facilities, which would provide a different level of service. (11) For telecommunication facilities, a modification shall also include the following: (a) An increase in the existing vertical height of the structure by more than: (i) 10% in the height of the tower, or (ii) The height of 1 additional antenna with separation from the nearest existing antenna not to exceed 20 feet Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 2.5" 22 Article 2: Procedures Section 2.10: Variances Orange County, North Carolina – Unified Development Ordinance Page 2-40 2.9.3 Public Hearing and Notification Requirements – CUD and CZD The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7. SECTION 2.10: VARIANCES 2.10.1 Purpose The procedures of this section authorize the Board of Adjustment to modify or vary regulations of this Ordinance when strict compliance with the regulation or standard would result in unnecessary hardships upon the subject property. 2.10.2 Application Requirements (A) Applications for a Variance shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of the application and supporting documentation shall be submitted. (B) Applications shall include: (1) The section reference, and copy of the existing regulatory language, that is the subject of the application, (2) A description of the specific modification sought by the applicant. For example, if the request is for a modification of a corner lot setback requirement, the applicant shall provide the exact reduction of the established corner lot setback requested as part of the application, (3) A plot plan, site plan, or other similar document(s) denoting the physical impact of the proposed request on the parcel, (4) A narrative outlining the answers to the five four required findings detailed within Section 2.10.3, and Sections 2.10.4 through 2.10.6 as applicable, of the Ordinance justifying the issuance of the variance, and (5) Copies of any additional information deemed essential by the applicant justifying the approval of the request, and (5)(6) A proposed findings of fact for each of the required findings pursuant to Section 2.10.3. 2.10.3 Authorized Variances A variance may be approved by the Board of Adjustment in cases where unnecessary hardships would result from carrying out the strict letter of the Ordinance, when substantial evidence in the official record of the application supports all of the following findings: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB31]: In a digital age the copies are unnecessary. By practice staff creates a digital packages which is then printed as needed. Formatted: Indent: Left: 1.5" Comment [JCB32]: I’m not sure where five came from. Section 2.10.3 lists four (A) through (D). Comment [JCB33]: There are additional requirements in these sections for particular variances related to flood zones, watersheds, etc. Formatted: (none) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 23 Article 2: Procedures Section 2.11: InterpretationsReserved Orange County, North Carolina – Unified Development Ordinance Page 2-46 SECTION 2.11: INTERPRETATIONSRESERVED 2.11.1 Generally An appeal from an order, requirement, decision or determination of the Planning Director shall be decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts. 2.11.2 Application Requirements (A) Applications for an appeal of an interpretation of a decision, file determination, directive, Notice of Violation, or other similar determination shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of the application and supporting documentation shall be submitted. (B) Applications must be received by the Planning Director no later than 30 days after the decision, file determination, directive, Notice of Violation, or other similar determination was made. 2.11.3 Stay on Further Proceedings (A) An appeal to the Board of Adjustment from a decision or determination of the Planning Director stays all proceedings in furtherance of the decision or determination appealed from, except as provided herein. (B) An appeal to the Board of Adjustment of a determination or decision of the Planning Director shall not stay further proceedings in furtherance of the decision or determination appealed from, if the Planning Director certifies to the Board of Adjustment in an affidavit either: (1) A stay would cause imminent peril to life or property, or (2) The situation appealed from is transitory in nature and, therefore an appeal would seriously interfere with enforcement of the Ordinance. (C) In either instance, the Planning Director shall place in the determination facts to support the conclusion if (B)(1) and/or (B)(2) are invoked. (D) If (B)(1) and/or (B)(2) are invoked, and approved by the Board of Adjustment, enforcement proceedings shall not be stayed except through the issuance of a restraining order issued by a court of competent jurisdiction. If enforcement proceedings are not stayed, the appellant may file a request for an expedited hearing of the appeal. 2.11.4 Review Procedures (A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the Board of Adjustment in accordance with the procedures contained in Section 2.12 of this Ordinance. (B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this Ordinance. (C) The Planning Director shall complete an assessment of the application and provide a recommendation on the disposition of the application. The assessment shall include all relevant facts utilized in rendering the disputed decision and the rationale for the interpretation made by the Planning Director. Formatted: Indent: Left: 0.5" Comment [JCB34]: Renaming so that it doesn’t have to be renumbered and thereby creating bad references throughout (e.g. 2.10.11 referencing 2.12.6). Not sure “Reserved” is the proper term. Can’t think of the best practice for this…. Comment [JB35]: Ambiguous and unnecessary. BOA can do SUPs, Variances and Appeals. Interpretations seem to overlap with appeals or are otherwise ill-advised speculation. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 24 Article 2: Procedures Section 2.12: Board of Adjustment Orange County, North Carolina – Unified Development Ordinance Page 2-47 (D) The assessment shall be introduced at the hearing and become part of the record. (E) Upon hearing all evidence associated with the application, the Board of Adjustment shall close the hearing and render a decision on the matter to affirm, modify, or reverse the decision of the Planning Director. 2.11.5 Findings of Fact The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the necessary justification for the Board’s action based on the testimony and evidence entered into the record during the hearing. 2.11.6 Notice Requirements Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.12.6 are not applicable to applications for an appeal of an interpretation. SECTION 2.12: BOARD OF ADJUSTMENT 2.12.1 General Provisions (A) The Board shall act on all applications before it. (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director at its next regularly scheduled meeting or at a special meeting called for that purpose. 2.12.2 Quasi-Judicial Proceedings (A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended that its proceedings be conducted as formally as those before courts. (B) The rules of procedure and evidence set forth in this Ordinance shall be followed to protect the interests of all parties and the public. (C) The presiding officer shall administer oaths to all witnesses and shall make rulings necessary to preserve fairness, order, or proper decorum in any matter before the Board of Adjustment. Any person who, while under oath during a proceeding before the Board, willfully swears falsely is guilty of a Class I misdemeanor. (D) Any member of the Board of Adjustment or any interested party may object to, and the presiding officer may exclude, any evidence, testimony, or statement that is deemed incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably address the issues before the Board of Adjustment. 2.12.3 Evidence and Testimony (A) Interested Party (1) Any interested partyParty may present evidence or testimony, cross- examine witnesses, inspect documents, and offer evidence or testimony in explanation or rebuttal. (1)(2) The Board may allow non-party witnesses in its discretion. Non-party witnesses shall be sworn, limited to relevant testimony and shall not accrue any rights of a Party such as objections or cross-examination of others. (2) Any member of the Board of Adjustment may question any interested party. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB36]: Better left to the Rules of Procedure so that it can be amended quicker. This has any interested parties making objections, which is ambiguous. It also has the chair making all rulings regarding evidence without full board approval---that may be the best course, but there should be room for adjustment. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB37]: This introduces ambiguity and endangers due process. Formatted: Indent: Left: 1.5" Comment [JCB38]: New definition in Article 10 which cites NCGS 160A-393. Formatted: (none) Comment [JB39]: Better for rules of procedure 25 Article 2: Procedures Section 2.12: Board of Adjustment Orange County, North Carolina – Unified Development Ordinance Page 2-48 (3) Persons other than interested parties may make competent, relevant, and material comments. (B) Subpoenas (1) The Board of Adjustment may subpoena witnesses and compel the production of evidence. (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 160A-939(d), shall make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas in those cases where testimony or evidence is deemed to be relevant, reasonable in nature and scope, and not oppressive. (3) The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full Board. (4) If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board of Adjustment, or the party seeking the subpoena, may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court will have jurisdiction to issue those orders after notice to all proper parties. (5) No testimony of any witness before the Board of Adjustment, pursuant to a subpoena issued in exercise of the power conferred by this subsection, may be used against the witness in any civil or criminal action, other than a prosecution for false swearing committed on the examination. (6) Anyone who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor. 2.12.4 Quorum and Vote Required (A) A quorum of the Board is necessary to conduct any business and shall consist of four members. (B) The affirmative vote of four of the members of the Board shall be necessary in order to effect any variation in this Ordinance. (C) A majority of the members shall be required to decide on the issuance of a Class B Special Use Permit, or an appeal application or any other course of business. 2.12.5 Notification of Board ActionWritten Decision (A) Each quasi-judicial decision shall be reduced to writing and reflect the board’s determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. (B) A quasi-judicial decision is effective upon filing the written decision with the clerk to the board. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made. (A) Within five working days after Board action, the Planning Director shall have available in the Planning Department’s office a notice of decision of the Board’s action. (B) The Planning Director shall notify the parties to an application or appeal of the Board’s disposition. This includes the applicant, the property owner if different Comment [JB40]: Ambiguous or endangers due process. Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Comment [JB41]: Incorrect reference. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB42]: From the RoP, a good practice to incorporate for things like scheduling, adoption of rules, etc. Formatted: Indent: Left: 0.5" Comment [JB43]: Creates ambiguity and may endanger due process. Statute explicitly details a written decision signed by the Board, not staff. Having this procedure without mention of the other has created confusion in the past. Formatted: Indent: Left: 1" Formatted: (none) Formatted: (none) 26 Article 2: Procedures Section 2.13: Exempt Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-49 from the applicant, or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. This notice shall be made by registered or certified mail within five working days of the Board's actions. (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Board (A) The Board shall give notice of matters coming before it by causing notice to be placed in a newspaper of general circulation in Orange County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (B)(A) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by first class mail to adjacent abutting property owners. This notice shall be mailed at least ten days but not more than 25 days prior to the meeting date. Adjacent property owners are those whose property lies within one thousand feet of the affected property and whom are currently listed as property owners in the Orange County tax records. The outside of the envelope or postcard shall be marked “Notice of Public Hearing.” (C)(B) The Planning Director shall post on the affected property or on an adjacent street or highway right-of-way a notice of the Board meeting at least ten days but not more than 25 days prior to the meeting date. (D)(C) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION 2.13: EXEMPT SUBDIVISIONS 2.13.1 Generally (A) Persons proposing divisions of land that do not constitute a subdivision must request a determination of an exempt subdivision status with the Planning Director. Activities that do not constitute a subdivision are found in Section 7.2.1. (B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with the request for a determination for an exempt subdivision. (C) Exempt subdivisions shall comply with all applicable non-plat requirements of this Ordinance. 2.13.2 Review and Action (A) Following receipt of a request for a determination of an exempt subdivision status, the Planning Director shall make a determination of the land division’s exempt or nonexempt status. (B) If the Planning Director determines that the proposed land division does not constitute a subdivision, the Planning Director shall certify the proposed land division as exempt and include the necessary statement on the plat certifying same. (C) If the Planning Director determines that the proposed land division constitutes a subdivision, the applicant shall be informed of such in writing and shall be required to submit the appropriate Subdivision application. Formatted: Indent: Left: 0.5" Comment [JCB44]: Expanded notice creates confusion. Residents and property owners are understandably confused when they receive notice a public hearing for which they very likely lack standing and cannot participate in. Expanded public information campaigns are a better approach than mandated notice requirements in the UDO. Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" 27 Article 2: Procedures Section 2.26: Appeals Orange County, North Carolina – Unified Development Ordinance Page 2-81 (D) Board of County Commissioners Action (1) The Board of County Commissioners shall receive the EIS and all comments as information only. The information presented may be used only to determine compliance with specific development standards established in this Ordinance. (2) No action shall be taken on the development project until after the EIS has been presented to the Board of County Commissioners. (E) Effect on Other Permits and Actions Construction or installation of any major development project shall not commence until subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final EIS by the Board of County Commissioners. SECTION 2.26: APPEALS 2.26.1 Generally Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision being appealed on forms provided by the Planning Department, if applicable. 2.26.2 Planning Director Decisions (A) Site Plans or Other Decision Pertaining to this Ordinance Any final and binding decision of the Planning Director, or their designee, regarding a site plan application or other decision pertaining to this Ordinance not listed in (B) through (D) below may be appealed to the Board of Adjustment according to the provisions set forth in Section 2.12 of this Ordinance. (1) An appeal to the Board of Adjustment from a decision or determination of the Planning Director stays all proceedings in furtherance of the decision or determination appealed from, except: (a) Situations that, in the opinion of the Planning Director, a stay would cause imminent peril to life and/or property. (b) That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of the Ordinance. In either instance in (a) and (b) above, the Planning Director shall place in certificate the facts to support the conclusion. (B) Exempt Subdivisions (1) The decision of the Planning Director regarding an exempt subdivision application may be appealed to the Board of County Commissioners. (2) The Board of County Commissioners shall have final approval authority, and, where applicable, all Final Plats shall contain information and/or conditions approved by the Commissioners. (3) The Board of County Commissioners in all such appeals shall make findings of fact in support of its decision. The subdivider shall be notified, in writing, of the Board’s decision. (C) Minor Subdivisions (1) The decision of the Planning Director regarding a minor subdivision application may be appealed to the Board of County Commissioners. (2) The Board of County Commissioners shall have final approval authority, and, where applicable, all Final Plats shall contain information and/or conditions approved by the Commissioners. Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB45]: Consistent with and tracking language from statutory and case law. Comment [JCB46]: By practice many final decisions are not signed by Craig Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" 28 Article 2: Procedures Section 2.26: Appeals Orange County, North Carolina – Unified Development Ordinance Page 2-82 (3) The Board of County Commissioners in all such appeals shall make findings of fact in support of its decision. The subdivider shall be notified, in writing, of the Board’s decision. (D) Major Subdivisions – Final Plat (1) The decision of the Planning Director regarding a Major Subdivision Final Plat application may be appealed to the Board of Commissioners. (2) The Board of Commissioners shall have final approval authority, and where applicable, all Final Plats shall contain information and/or conditions approved by the Board of Commissioners. (3) The Board of Commissioners in all such appeals shall make findings of fact in support of its decision. (4) The applicant shall be notified, in writing, of the Board of Commissioners' decision. 2.26.3 Planning Board Decisions (A) Major Subdivisions – Concept Plan (1) The decision of the Planning Board regarding Concept Plan Development Options may be appealed to the Board of Commissioners. (2) Any notice of appeal shall be filed, in writing, with the Planning Director within 15 days after the date of the Planning Board’s decision. (3) If the appeal involves a plan/map approval, 16 copies of the plan/map shall be submitted along with the written appeal. (4) The Board of Commissioners shall have final approval authority, and, where applicable, all Concept Plan Development Options shall contain information and/or conditions approved by the Board of Commissioners. (5) The Board of Commissioners in all such appeals shall make findings of fact in support of its decision. The applicant shall be notified, in writing, of the Board of Commissioners' decision within ten days after said decision is made. 2.26.4 Board of Adjustment Decisions (A) Every decision of the Board shall be subject to review at the request of any person who has standing as detailed within NCGS 160A-393(d) by the Superior Court by proceedings in the nature of certiorari. The appeal to Superior Court must be filed within 30 days of the availability of the notice ofwritten decision (2.12.5(A)). 2.26.5 Board of County Commissioners Decisions (A) Quasi-Judicial Decisions (1) Quasi-judicial decisions made by the Board of County Commissioners pursuant to the Ordinance shall be subject to review at the request of any person who has standing as detailed within NCGS 160A-393(d) by the Superior Court by proceedings in the nature of certiorari. (2) The appeal to the Superior Court must be filed within 30 days of the filing of the decision of the Board of County Commissioners by the Planning Director or the delivery of the notice of the decision to the applicant, whichever is later. (B) Legislative Decisions Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB47]: Consistency based on recommended change to original section. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" 29 Article 5: Uses Section 5.3: Application of Use Standards Orange County, North Carolina – Unified Development Ordinance Page 5-34 SECTION 5.3: APPLICATION OF USE STANDARDS 5.3.1 In General In addition to the general standards applied to uses in each zoning district and in accordance with the Table of Permitted Uses, Sections 5.4 through 5.17 establish additional standards for specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning Districts. 5.3.2 Special Uses (A) General Standards Before any application for a Special Use Permit shall be approved: (1) The applicant shall have the burden of establishing, by competent material and substantial evidence, in the form of testimony, exhibits, documents, models, plans and other materials, that the application meets the requirements for approval of a Special Use; and (2) The Board of County Commissioners or Board of Adjustment shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. (B) Specific Service Standards In addition to the general standards stated in Section 5.3.2(A), the following specific service standards shall be addressed by the applicant before the issuance of a Special Use Permit: (1) mMethod and adequacy of provision of sewage disposal facilities, solid waste, and water, . (2) Mmethod and adequacy of police, fire and rescue squad protection, and. (3) mMethod and adequacy of vehicular access to the site and traffic conditions around the site. (4) Other use specific standards as set forth herein. (C) Use Standards In addition to the general standards stated in Section 5.3.2(A) and the service standards stated in Section 5.3.2(B), the following shall be addressed by the applicant before the issuance of a Special Use Permit: Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1" Comment [JCB48]: The different type of standards are very confusing for everyone. There should be clear naming conventions and overlap should be eliminated. Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1" Formatted: Font: (Default) Arial, 10 pt Formatted: Normal, Indent: Left: 1" 30 Article 5: Uses Section 5.3: Application of Use Standards Orange County, North Carolina – Unified Development Ordinance Page 5-35 (1) standards applied to uses in each zoning district as stated in Article 3, and (2) standards found for specific uses as stated in Sections 5.4 through 5.17. (C)(D) Specific Additional Standards for Class A Special Use Permits Within Hillsborough EDD In addition to the general and specific standards for all Special Use Permits, the following standards shall be addressed by the applicant before the issuance of a Class A Special Use Permit within the Hillsborough Economic Development District: (1) General Provisions (a) This section establishes criteria pertaining to appearance in the design of a site, buildings and structures, landscaping, signs, and other miscellaneous features that are observed by the public. (b) Aesthetic criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which result in creative solutions that will promote visual appearance within the city and county, preserve taxable values, and promote the public health, safety and welfare. (2) General Design Standards (a) Harmonious and efficient organization (i) The site plan shall be organized harmoniously and efficiently in relation to existing topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. (ii) The site will be developed to facilitate orderly development of surrounding property and with minimal disturbance to the natural environment. (b) Preservation of natural state (i) Desirable vegetation or other unique natural features shall be preserved in their natural state when practical. (ii) The Environmental Protection Plan shall include the locations of all existing trees 12” diameter four feet above the ground. (c) Enhancement of residential privacy The site plan shall provide reasonable visual, lighting, and sound privacy for all adjacent dwelling units. (d) Emergency access Structures and other site features shall be arranged to permit practical emergency vehicle access to all sides of buildings. (e) Access to public ways Every structure and dwelling unit shall have access to a public street, walkway or other area dedicated to common use. (f) Non-motorized circulation (i) A non-motorized circulation system shall be provided which is direct, efficient, and pleasant. Formatted: Font: Not Bold Formatted: Heading 5, Indent: Left: 2" Formatted: Font: Not Bold Formatted: Font: Not Bold, (none) Formatted: Indent: Left: 1" Comment [JCB49]: “Specific” is used throughout with varying meanings. To distinguish and clarify, recommending refer to these as additional. Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 2.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 2.5" Formatted: Indent: Left: 2" Formatted: Indent: Left: 2.5" 31 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: August 1, 2018 Action Agenda Item No. 4 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Permitted Use Table DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Final Draft UDO Amendment(s) Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To continue review and comment upon Planning Director initiated Unified Development Ordinance (UDO) text amendments revising the tables of permitted uses and development standards as contained in Article 5 of the UDO. BACKGROUND: As the Board is aware, this project was initiated in 2016 to address the findings of the State Supreme Court in Byrd versus Franklin County related to the delineation of prohibited land uses. Amendments are also necessary to address issues associated with uniformity on how land uses are identified and defined within the UDO. For more background information please refer to Attachment 1. The Planning Board Ordinance Review Committee (ORC) has reviewed this item at several ORC meetings beginning in January of 2017. Agenda materials from these various meetings can be viewed at: http://www.orangecountync.gov/departments/planning_and_inspections/orange_county_plannin g_board_(pb).php#. Based on previous comments/recommendations, as well as direction from the BOCC, staff has completed the following: a. Collapsing existing tables as contained in Section(s) 5.2.1 (general use zoning districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning districts) into a centralized permitted use table. b. Collapsing similar land uses into single categories to eliminate the ‘exhaustive’ list of land uses, as originally directed. c. Modification of Article 10 Definitions of the UDO to incorporate new and/or revised definitions of various land uses consistent with the proposed new table. d. Incorporating modifications to the Economic Development Hillsborough (EDH) districts as recommended by the BOCC late in 2016. This included expanded allowable land uses within the various EDH general use zoning districts. 32 This amendment package will be brought before the Planning Board at its September 5, 2018 regular meeting for action. 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): The Planning Director recommends the Planning Board receive the amendment package and provide feedback to staff on the proposed amendment(s). 33 Article 3: Base Zoning Districts Section 3.8: Conditional Districts Orange County, North Carolina – Unified Development Ordinance Page 3-71 CU CONDITIONAL USE DISTRICT DIMENSIONAL AND RATIO STANDARDS Dimensional and Ratio Standards shall conform to the requirements of the corresponding general use zoning district. PURPOSE The purpose of the Conditional Use (CU) District is to provide for unified developments that accomplish the purposes of applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots, and to promote economical and efficient land use, improved level of amenities, appropriate and harmonious variety, creative design, and a better environment. Conditional Use Districts are intended to be used for purpose of binding development to a detailed site plan with a list of specific conditions that insures compatibility and harmony with surrounding areas. APPLICABILITY 1. 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 development, the relationship of the site and site development plan to adjoining property, and the development itself. 2. The Conditional Use (CU) development review process involves the development of a specific land use(s) on a specific parcel of property regardless of the current zoning designation. CU DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. CU allows for the development of any land use contained within Section 5.2 of this Ordinance even if such use is not listed as a permitted or special use under the current zoning designation of the subject property. 2. Certain uses are excluded from consideration as a CU. See Section 5.1.43(E)1 for a list of uses that will not be considered for a CU. 3. 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. 4. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property). 5. 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. 6. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 7. Within the Rural Buffer (RB) zoning district, only the following types of uses shall be considered for a CU: residential uses, institutional uses and professional services. Under no circumstances shall a CU be approved for a retail or manufacturing/industrial land use within the RB zoning district. 8. Any use permitted as a CU shall conform to all applicable development regulations for the corresponding general use zoning district as well as the specific development standards outlined in Articles 5 and 6 of this Ordinance. 9. All applications for a CU designation require the approval of a Special Use Permit, and the processing of the request shall be completed in accordance with the provisions of Section 2.9 of this Ordinance. 1 Proposed amendment is necessary to address a change in the numbering of the referenced provision from  Section 5.1.4 to 5.1.3.  34 Orange County, North Carolina – Unified Development Ordinance Page 5-1 ARTICLE 5: USES SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Table of Permitted Uses. 5.1.1 Prohibited Uses Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section 5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are prohibited and shall not be established within that district.2 5.1.25.1.1 Uses Permitted As a Matter of Right Within all districts the following uses are permitted as a matter of right: (A) Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. (B) Cabinetized telephone and/or fiber optic equipment associated with the local distribution of services. Setbacks from the right-of-way for such equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials. (C) Bona fide farms. (D) Buildings and other temporary structures used in connection with the construction of a permanent building. (See Section 5.4.4). (E) Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town). (F) Off street parking as a required accessory use to a permitted use. (G) Public and private streets and roads. Railroad rights of way. (H) Water and sanitary sewer lines, gas and liquid fuel distribution lines. (I) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See Section 5.9.1). (J) Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2). (K) Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Section 5.11.1). (L) Borrow pits (including reclamation by landfilling) associated with a State or Federal highway project. (See Section 5.12.1). 5.1.35.1.2 Special Uses (A) It is the intention of the Board of County Commissioners to create, and from time to time amend, a list of Special Uses within the Table of Permitted Uses which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. 2 The language is being deleted to ensure consistency with Byrd versus Franklin.  Prohibited uses are now listed  within the table of permitted uses and are not identified as being allowed for development (i.e. there will be no  symbol indicating the use is permitted in various zoning districts).  35 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-2 (B) The Board of County Commissioners is aware of its responsibility to protect the public health, safety and general welfare and believe that certain uses which now or in the future may be included on this list are appropriately handled as Special Uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right. (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove There are hereby established the following classes of Special Uses which shall be approved or disapproved as shown: (1) Class A - Approved or disapproved by Board of County Commissioners (2) Class B - Approved or disapproved by Board of Adjustment 5.1.45.1.3 Conditional Uses (A) The Board of County Commissioners is mindful of its responsibility to protect the public health, safety and general welfare of the residents of Orange County and intends to encourage development within the County consistent with that purpose. (B) The Board of County Commissioners also recognizes that certain uses are appropriate for development in Orange County but their location and site development specifics cannot be predetermined or regulated through the use of a general zoning district designation and conventional standards. (C) Conditional Uses and Conditional Use Districts are hereby established and shall be reviewed in accordance with the provisions of this Ordinance. (D) Permitted Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the Table of Permitted Uses may be approved as a Conditional Use within a Conditional Use District, unless expressly excluded in Section 5.1.43 (E) 3 of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval for that use, as established within this Section. (E) Exclusions (1) Unless otherwise noted in Section 5.2, the following uses shall not be considered or approved as a Conditional Use District within the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Class II Kennels, (c) Commercial Feeder Operation, (d) Composting Operation with grinding, (e) Crematoria, 3 Updating of Section reference.  36 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-4 (z) Motor Vehicle Repair Garage, (aa) Petroleum Products: Storage & Distribution, (bb) Research Facility, (cc) Residential Hotel (Fraternities, Sororities, and Dormitories), (dd) Sawmills, (ee) Stables, Commercial (ff) Stockyards / Livestock Markets, (gg) Storage of Goods, Outdoor, (hh) Waste Management Facility; Hazardous & Toxic, and (ii) Wholesale Sales. 5.1.4 Key to Permitted Use Table4 (A) An asterisk (*) indicates the use is permitted by right within the district. (B) A delta (∆) indicates the use is permitted subject to compliance with development standards as detailed within this Ordinance. (C) An ‘A’ indicates the use is permitted subject to the issuance of a Class A Special Use Permit in accordance with Section 2.7 of this Ordinance as well as the submittal, development, and evaluation standards detailed within this Ordinance. (D) A ‘B’ indicates the use is permitted subject the issuance of a Class B Special Use Permit in accordance with Section 2.7 of this Ordinance as well as the submittal, development, and evaluation standards detailed within this Ordinance. (E) A ‘C’ indicates the use requires the issuance of a Conditional Use Permit in accordance with Section 2.9 of this Ordinance. (E) A box with no symbols indicates the use is not permitted for development within the identified zoning district. 4 Staff is recommending the addition of a new section defining the symbols, and their meaning, proposed for the  revised Table of Permitted Uses.  37 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 5 SE C T I O N 5 . 2 : T A B L E O F P E R M I T T E D U S E S 5. 2 . 1 T a b l e o f P e r m i t t e d U s e s – G e n e r a l U s e Z o n i n g D i s t r i c t s TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPECIAL STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) AGR I C U L T U R A L USE S Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ~ * * * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y ^ * * * * * * Ag r i c u l t u r a l S e r v i c e s U s e s * * Co l d S t o r a g e F a c i l i t y A * * * Co m m u n i t y F a r m e r s ’ M a r k e t ^ * * * * * * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g A Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ~ A Co o p e r a t i v e F a r m S t a n d ^ * * * * * Eq u e s t r i a n C e n t e r A Fa r m E q u i p m e n t R e n t a l , S a l e s a n d S e r v i c e ~ * * * * * Fa r m S u p p l y S t o r e * * * * * Fe e d M i l l ~ * * * Gr e e n h o u s e s w i t h O n P r e m i s e s S a l e s ^ * * * * * * Me a t P r o c e s s i n g F a c i l i t y , C o m m u n i t y ^ * * * * * * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ~ A No n - F a r m U s e o f F a r m E q u i p m e n t ^ * * * St a b l e s , C o m m e r c i a l ~ B B B B B B St o c k y a r d s / L i v e s t o c k M a r k e t s ~ * CHI L D CAR E & EDU C A T I O N A L FAC I L I T I E S Ce n t e r i n a R e s i d e n c e f o r 3 t o 1 2 C h i l d r e n * * * * * * * * * * * * * * Ch i l d C a r e F a c i l i t i e s B B B B B B B B B * * * * * * Li b r a r i e s * * * * * No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e A Sc h o o l s : D a n c e , A r t & M u s i c * * * * * * Sc h o o l s : E l e m e n t a r y , M i d d l e & S e c o n d a r y A A A A A A A A A A Sc h o o l s : V o c a t i o n a l * * * * * Un i v e r s i t i e s , C o l l e g e s & I n s t i t u t e s * * * * * * COM M E R C I A L USE S Ba n k s & F i n a n c i a l I n s t i t u t i o n s * * * * * Be a u t y & B a r b e r S h o p s * * * * * Co u n t r y S t o r e * * * 38 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 6 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPECIAL STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Dr i v e I n T h e a t e r s ~ * Fu n e r a l H o m e s ~ * * Ga r d e n C e n t e r * * * * * Ho t e l s & M o t e l s ~ * * * Ju n k y a r d s ~ A A A Ke n n e l s , C l a s s I I ~ ^ B B B B B B La u n d r y & D r y C l e a n i n g S e r v i c e s * * * * * Ma s s a g e , B u s i n e s s o f * * Mi c r o b r e w e r y w i t h M i n o r E v e n t s ^ B B B B B Ni g h t c l u b s , B a r s , P u b s * * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 1 * * * * * * * * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 2 * * * * * * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 3 * * * * Re p a i r S e r v i c e E l e c t r o n i c & A p p l i a n c e * * * * Re s t a u r a n t s : C a r r y O u t * * * * Re s t a u r a n t s : D r i v e I n * * * Re s t a u r a n t s : G e n e r a l * * * * Re t a i l , C l a s s 1 * * * * * Re t a i l , C l a s s 2 * * * * Re t a i l , C l a s s 3 * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t ^ * * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t I n n ^ B B Ru r a l G u e s t E s t a b l i s h m e n t : C o u n t r y I n n ^ A A Se x u a l l y O r i e n t e d B u s i n e s s e s * * St o r a g e o f G o o d s , O u t d o o r ~ * * * * St o r a g e o r W a r e h o u s i n g : I n s i d e B u i l d i n g * * * * * * St u d i o ( A r t ) * * * * * * * * Ta x i d e r m y ^ B * * * * * To u r i s t H o m e * * * * Wh o l e s a l e T r a d e ~ * * * * * * * Wi n e r y w i t h M i n o r E v e n t s ^ B B B B B EXT R A C T I V E USE S Ex t r a c t i o n o f E a r t h P r o d u c t s ~ A A A A A GOV E R N M E N T A L USE S Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s * * * * * * * * * * * * * * * * * * 39 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 7 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPECIAL STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s ( P o l i c e & F i r e St a t i o n s ) R e s c u e S q u a d s , V o l u n t e e r F i r e De p a r t m e n t s * * * * * * * * * * * * * * * * * * Mi l i t a r y I n s t a l l a t i o n s ( N a t i o n a l G u a r d & R e s e r v e Ar m o r y ) ~ * * * * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G As s e m b l y a n d P a c k a g i n g O p e r a t i o n s I n c l u d i n g Di s t r i b u t i o n a n d M a i l O r d e r H o u s e s , B u t E x c l u d i n g On - P r e m i s e s R e t a i l O u t l e t s * * * * * In d u s t r i a l , H e a v y ~ * In d u s t r i a l , L i g h t ~ * * * * * In d u s t r i a l , M e d i u m ~ * * Mi c r o b r e w e r y , p r o d u c t i o n o n l y ^ B B * * * * Pr i n t i n g & L i t h o g r a p h y * * * * * * Sa w m i l l s ~ * Wi n e r y , p r o d u c t i o n o n l y ^ B B * * * * MED I C A L USE S He a l t h S e r v i c e s : O v e r 1 0 , 0 0 0 S q . F t . ~ * * He a l t h S e r v i c e s : U n d e r 1 0 , 0 0 0 S q . F t . * * * * * Ho s p i t a l s ~ * * Ve t e r i n a r y C l i n i c B * * * * * * * * * * Ve t e r i n a r y C l i n i c , m o b i l e B B * * * * * * * * * * Ve t e r i n a r y H o s p i t a l s * * * * * * * REC R E A T I O N A L USE S Bo t a n i c a l G a r d e n s & A r b o r e t u m s * * * * * * * * * * * * * * * * * * * Ca m p / R e t r e a t C e n t e r B B B Go l f D r i v i n g a n d P r a c t i c e R a n g e s B * * * Pa r k s , P u b l i c * * * * * * * * * * * * * * * * * * Re c r e a t i o n a l F a c i l i t i e s B B B B B B B B B B B * * B * * * Go l f C o u r s e A A A A A A A A A A A A A A A A A RES I D E N T I A L USE S Dw e l l i n g ; M o b i l e H o m e * * * * * * * * * * * Dw e l l i n g ; M u l t i p l e F a m i l y * * * * * * * * Dw e l l i n g ; S i n g l e - F a m i l y * * * * * * * * * * * * * Dw e l l i n g ; T w o - F a m i l y * * * * * * * * * * * * Fa m i l y C a r e H o m e * * * * * * * * * * * * * * Gr o u p C a r e F a c i l i t y B B B B B B B B B B B B B B 40 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 8 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPECIAL STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Re h a b i l i t a t i v e C a r e F a c i l i t y * * * Re s i d e n t i a l H o t e l ( F r a t e r n it i e s , S o r o r i t i e s , a n d Do r m i t o r i e s ) ~ A A A A A Ro o m i n g H o u s e * * * * TEL E C O M M U N I C A T I O N S Te l e c o m m u n i c a t i o n T o w e r – S t e a l t h ( 7 5 f e e t o r sh o r t e r ) * * * * * * * * * * * * * * * * * * * * * Te l e c o m m u n i c a t i o n T o w e r s ( O v e r 7 5 f e e t a n d u n d e r 20 0 f e e t ) B B B B B B B B B B B B B B B B B B B B B Te l e c o m m u n i c a t i o n T o w e r s ( 2 0 0 f e e t a n d h i g h e r ) A A A A A A A A A A A A A A A A A A A A A TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e B B B B B B B B B B B B B B Te m p o r a r y M o b i l e H o m e ( U s e d u r i n g co n s t r u c t i o n / i n s t a l l a t i o n o f p e r m a n e n t r e s i d e n t i a l u n i t an d f o r 3 0 d a y s f o l l o w i n g i s s u an c e o f C e r t i f i c a t e o f Oc c u p a n c y ) * * * * * * AUT O M O T I V E / TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * * * * * * * * * * * * * * * * * * * Bu s T e r m i n a l s & G a r a g e s ~ * * * * Mo t o r F r e i g h t T e r m i n a l s ~ * * * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r ( B o d y S h o p ) ~ * * * Mo t o r V e h i c l e R e p a i r G a r a g e ~ * * Mo t o r V e h i c l e S a l e s / R e n t a l ( N e w & U s e d ) * * * * * * * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * * * * * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * * * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n ~ * * * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s B B B B B B B B B B B B B B B B B B Pu b l i c U t i l i t y S t a t i o n s & Su b - S t a t i o n s , S w i t c h i n g St a t i o n s , T e l e p h o n e E x c h a n g e s , W a t e r & S e w a g e Tr e a t m e n t P l a n t s A A A A A A A A A A A A A A A A A A A A El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s B B B B B B B B B B B B B B B B B B B Wa t e r & S a n i t a r y S e w e r P u m p i n g * * * * * * * * * * * * * * * * * * * * So l a r A r r a y – L a r g e F a c i l i t y B B B B B B B B B B B B B B B B B B B So l a r A r r a y – P u b l i c U t i l i t y A A A A A A A A A A A A A A A A A A A WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) ~ A A A A A A A 41 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 9 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPECIAL STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) La n d f i l l s ( L e s s T h a n 2 A c r e s ) ~ B B B B B B B Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c ~ A A A MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * * * * * * * * * * * * * * * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L ~ A A A A A A As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 * * Ce m e t e r y B * B B B B B B B Ch u r c h * * * * * * * * * * * * * * * * * * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n Cl u b h o u s e s * * * * * * * * Co m m u n i t y C e n t e r B B B B B B B B B * * * * Cr e m a t o r i a ~ * * * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e A A A Ke n n e l s , C l a s s I * * * * * * Re s e a r c h a n d M a n u f a c t u r i n g F a c i l i t y * * * * Re s e a r c h F a c i l i t y ~ * * * * * * * Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * Ru r a l H e r i t a g e M u s e u m B B B B B Ru r a l S p e c i a l E v e n t s ^ * * * Sp e c i a l E v e n t s ( L e s s t h a n 1 5 0 ) * * * 42 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 0 5. 2 . 2 T a b l e o f P e r m i t t e d U s e s – E c o n o m i c D e v e l o p m e n t D i s t r i c t s TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLA S S A SU P ) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H ED D ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 ED H - 4 ED H - 5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n AGR I C U L T U R A L USE S An i m a l h o s p i t a l / v e t e r i n a r i a n C# C# * Ke n n e l , C l a s s I C# * Ke n n e l , C l a s s I I B B CON S T R U C T I O N Bu i l d i n g c o n t r a c t o r s * * Co n s t r u c t i o n ( S e c t o r 2 3 ) ( H i l l s b o r o u g h E D D o n l y ; al l a c t i v i t i e s m u s t b e w h o l l y w i t h i n bu i l d i n g ) * Pl u m b i n g , h e a t i n g , e l e c t r i c a l , a n d s i m i l a r t r a d e co n t r a c t o r s * * FIN A N C E Ba n k s , s a v i n g s a n d l o a n s , a n d c r e d i t u n i o n s * * * * Cr e d i t a g e n c i e s a n d i n s t i t u t i o n s * * * * Fi n a n c e & I n s u r a n c e ( S e c t o r 5 2 ) * * * In s u r a n c e c a r r i e r s a n d a g e n t s * * * * Re a l e s t a t e a g e n t s a n d b r o k e r s * * * * Se c u r i t y a n d c o m m o d i t y b r o k e r s , a n d i n v e s t m e n t of f i c e s * * * * GOV E R N M E N T USE S Go v e r n m e n t a l f a c i l i t i e s a n d o f f i c e b u i l d i n g s (I n c l u d i n g s o l i d w a s t e c o l l e c t i o n c e n t e r s ) * * * * * * * * * Go v e r n m e n t a l p r o t e c t i v e s e r v i c e s ( P o l i c e a n d f i r e st a t i o n s , r e s c u e s q u a d s , a n d v o l u n t e e r f i r e de p a r t m e n t s ) * * * * * * * * * Pa r k s , p u b l i c a n d n o n - p r o f i t * * * * * * * * * Pu b l i c A d m i n i s t r a t i o n ( S e c t o r 9 2 ) * INF O R M A T I O N In f o r m a t i o n ( S e c t o r 5 1 ) * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G Ma n u f a c t u r i n g ( S e c t o r 3 1 - 3 3 ) ( H i l l s b o r o u g h E D D on l y ; a l l a c t i v i t i e s m u s t b e w h o l l y w i t h i n b u i l d i n g ) El e c t r o n i c E q u i p m e n t ( s e e l i s t i n g b e l o w ) • C o m m u n i c a t i o n s e q u i p m e n t * * • E l e c t r i c l i g h t i n g a n d w i r i n g e q u i p m e n t * * • E l e c t r i c t r a n s m i s s i o n a n d d i s t r i b u t i o n * * • E l e c t r i c a l i n d u s t r i a l a p p a r a t u s * * 43 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 1 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLA S S A SU P ) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H ED D ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 ED H - 4 ED H - 5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n • E l e c t r o n i c c o m p o n e n t s a n d a c c e s s o r i e s * * • H o u s e h o l d a p p l i a n c e s * * • R a d i o a n d t e l e v i s i o n r e c e i v i n g e q u i p m e n t * * Fa b r i c a t e d M e t a l P r o d u c t s ( s e e l i s t i n g b e l o w ) • C u t l e r y a n d h a n d t o o l s * * • F a b r i c a t e d s t r u c t u r a l m e t a l p r o d u c t s * * • H e a t i n g e q u i p m e n t , e x c e p t e l e c t r i c a n d wa r m a i r ; a n d p l u m b i n g f i x t u r e * * • M e t a l c a n s a n d s h i p p i n g c o n t a i n e r s * * • N u t s , b o l t s , s c r e w s , r i v e t s , a n d w a s h e r s * * Fo o d P r o d u c t s ( s e e l i s t i n g b e l o w ) • B a k e r y * * • B o t t l i n g p l a n t s * * • D a i r y * * • M i s c e l l a n e o u s f o o d p r e p a r a t i o n ; e . g . , co f f e e r o a s t i n g , c o n d i m e n t s , co n f e c t i o n a r y p r o d u c t s , e t c . * * In d u s t r i a l M a c h i n e r y ( s e e l i s t i n g b e l o w ) • E n g i n e s a n d t u r b i n e s * * • F a r m / g a r d e n m a c h i n e r y a n d e q u i p m e n t * * • G e n e r a l i n d u s t r i a l m a c h i n e r y a n d eq u i p m e n t ; e . g . , p u r i f i c a t i o n e q u i p m e n t , ba l l a n d r o l l e r b e a r i n g s , e t c . * * • M e t a l w o r k i n g m a c h i n e r y a n d e q u i p m e n t * * • O f f i c e , c o m p u t i n g , a n d a c c o u n t i n g ma c h i n e s * * • S p e c i a l i n d u s t r i a l m a c h i n e r y ; e . g . , t e x t i l e ma c h i n e r y * * In s t r u m e n t s ( s e e l i s t i n g b e l o w ) • M e a s u r i n g , a n a l y z i n g , a n d c o n t r o l l i n g in s t r u m e n t s * * • P h o t o g r a p h i c , m e d i c a l , a n d o p t i c a l g o o d s * * • W a t c h e s a n d c l o c k s * * Pa p e r P r o d u c t s ( s e e l i s t i n g b e l o w ) • C o n v e r t e d p a p e r a n d p a p e r b o a r d pr o d u c t s * * • P a p e r b o a r d c o n t a i n e r s a n d b o x e s * * Fu r n i t u r e a n d F i x t u r e s ( s e e l i s t i n g b e l o w ) • H o u s e h o l d a n d o f f i c e f u r n i t u r e * * 44 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 2 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLA S S A SU P ) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H ED D ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 ED H - 4 ED H - 5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n • M i s c e l l a n e o u s f u r n i t u r e a n d f i x t u r e s * * Ph a r m a c e u t i c a l P r o d u c t s * * Pr i n t i n g a n d P u b l i s h i n g E s t a b l i s h m e n t s * * Ru b b e r a n d P l a s t i c P r o d u c t s ( s e e l i s t i n g b e l o w ) • M i s c e l l a n e o u s p l a s t i c p r o d u c t s ; e . g . , pl a s t i c p i p e , p a c k a g i n g m a t e r i a l s , e t c . * * • R u b b e r a n d p l a s t i c f o o t w e a r * * • R u b b e r a n d p l a s t i c h o s e a n d b e l t i n g * * St o n e , G l a s s , C l a y , a n d C o n c r e t e P r o d u c t s ( s e e li s t i n g b e l o w ) • C u t s t o n e p r o d u c t s C# C# • F l a t g l a s s * * • G l a s s a n d g l a s s w a r e * * • P o t t e r y a n d r e l a t e d p r o d u c t s * * Tr a n s p o r t a t i o n E q u i p m e n t ( s e e l i s t i n g b e l o w ) • M i s c e l l a n e o u s t r a n s p o r t a t i o n e q u i p m e n t ; e. g . , m o t o r v e h i c l e c o m p o n e n t s * * • M o t o r c y c l e s , b i c y c l e s , a n d p a r t s * * Mi s c e l l a n e o u s M a n u f a c t u r i n g I n d u s t r i e s ( s e e li s t i n g b e l o w ) • J e w e l r y a n d s i l v e r w a r e * * • M i s c e l l a n e o u s m a n u f a c t u r i n g i n d u s t r i e s ; e. g . , c o s t u m e j e w e l r y , n o v e l t i e s , b u t t o n s , et c . * * • M u s i c a l i n s t r u m e n t s * * • P e n , p e n c i l s , o f f i c e , a n d a r t i s t s u p p l i e s * * • T o y s , s p o r t i n g , a n d a t h l e t i c g o o d s * * REC R E A T I O N Ar t s , E n t e r t a i n m e n t & R e c r e a t i o n ( S e c t o r 7 1 ) * RES I D E N T I A L Dw e l l i n g , s i n g l e - f a m i l y * Dw e l l i n g , t w o - f a m i l y * Dw e l l i n g , m u l t i - f a m i l y ( 6 - 1 2 u n i t s p e r a c r e i n t h e Hi l l s b o r o u g h E D D ) * * * Dw e l l i n g , m u l t i - f a m i l y ( 6 + u n i t s p e r a c r e a s p a r t o f mi x e d u s e d e v e l o p m e n t ; m a x i m u m o f 2 5 % o f de v e l o p m e n t s q u a r e f o o t a g e ) * Dw e l l i n g , m u l t i - f a m i l y ( 6 + u n i t s p e r a c r e ) C# Dw e l l i n g , m o b i l e h o m e ( F o r r e p l a c e m e n t o f ex i s t i n g m o b i l e h o m e ) * 45 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 3 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLA S S A SU P ) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H ED D ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 ED H - 4 ED H - 5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Te m p o r a r y U s e o f a R e s i d e n t i a l M o b i l e H o m e * RET A I L Fa r m e q u i p m e n t s a l e s C# C# * Mo t o r v e h i c l e s e r v i c e s t a t i o n C# C# * Mo t o r v e h i c l e s , n e w a n d u s e d , s a l e s a n d r e n t a l C# C# * Ni g h t c l u b s , b a r s , a n d p u b s (O n l y a s a c c e s s o r y u s e t o h o t e l , m o t e l o r re s t a u r a n t ) * * * Re s t a u r a n t s ( c a r r y - o u t a n d g e n e r a l ) w h e n l o c a t e d in a s e r v i c e b u i l d i n g , c o u r t o r p l a z a , r e t a i l s t o r e , o r en c l o s e d m a l l c o n s i s t i n g o f m u l t i p l e u s e s * * * Re s t a u r a n t s ( c a r r y - o u t a n d g e n e r a l ) i n a s e p a r a t e , fr e e - s t a n d i n g b u i l d i n g * C# * Re s t a u r a n t s ( d r i v e - i n ) i n a s e p a r a t e , f r e e - s t a n d i n g bu i l d i n g C# C# * Re t a i l T r a d e ( S e c t o r s 4 4 , 4 5 ; e x c l u d i n g S u b s e c t o r 45 4 N o n - s t o r e r e t a i l e r s ) ( O n l y H i l l s b o r o u g h E D D th r o u g h C o n d i t i o n a l U s e D i s t r i c t o r M P D - C Z ) Re t a i l t r a d e , s a l e s a n d r e n t a l o f d u r a b l e a n d co n v e n i e n c e g o o d s , m e r c h a n d i s e , a n d e q u i p m e n t , in c l u d i n g m a i l o r d e r h o u s e s , i n a s e p a r a t e , f r e e - st a n d i n g b u i l d i n g * C# * Re t a i l t r a d e , s a l e s a n d r e n t a l o f d u r a b l e a n d co n v e n i e n c e g o o d s , m e r c h a n d i s e , a n d e q u i p m e n t , in c l u d i n g m a i l o r d e r h o u s e s , w h e n l o c a t e d i n a se r v i c e b u i l d i n g , c o u r t o r p l a z a , o r e n c l o s e d m a l l co n s i s t i n g o f m u l t i p l e u s e s . * * * SER V I C E S Ac c o m m o d a t i o n a n d F o o d S e r v i c e ( S e c t o r 7 2 ) (E a t i n g a n d d r i n k i n g e s t a b l i s h m e n t s a r e p e r m i t t e d on l y a s a c c e s s o r y u s e t o h o t e l , m o t e l o r re s t a u r a n t ; H i l l s b o r o u g h E D D o n l y ) * * Ad m i n i s t r a t i v e & S u p p o r t S e r v i c e s ( S e c t o r 5 6 1 ) * * * * Ar t / p h o t o g r a p h i c s t u d i o s * C# * * As s e m b l y f a c i l i t y - 3 0 0 o r m o r e p e r s o n c a p a c i t y C# * As s e m b l y f a c i l i t y - l e s s t h a n 3 0 0 p e r s o n c a p a c i t y C# * Be a u t y a n d b a r b e r s h o p s * * * * Ch u r c h e s * * * * Cl u b s a n d l o d g e s , a n d s o c i a l , f r a t e r n a l , a n d u n i o n cl u b h o u s e s C# C# C# C# Co m m u n i t y c e n t e r A A A A Da y c a r e f a c i l i t y B B * * Ed u c a t i o n a l S e r v i c e s ( S e c t o r 6 1 ) 46 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 4 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLA S S A SU P ) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H ED D ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 ED H - 4 ED H - 5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Fu n e r a l h o m e s C# C# * Go l f d r i v i n g a n d p r a c t i c e r a n g e s * * He a l t h C a r e & S o c i a l A s s i s t a n c e ( S e c t o r 6 2 ) * * * * He a l t h s e r v i c e s , i n c l u d i n g d o c t o r s a n d d e n t i s t s of f i c e s , a n d m e d i c a l a n d d e n t a l l a b o r a t o r i e s * * * * Ho t e l s a n d m o t e l s * C# * * * * In d o o r t h e a t e r s * C# * * * * La r g e d a y c a r e h o m e B * * La u n d r y , d r y c l e a n i n g , a n d s h o e r e p a i r s e r v i c e s * C# * * Li b r a r i e s * C# * * Ma n a g e m e n t o f C o m p a n i e s & E n t e r p r i s e s ( S e c t o r 53 ) * * * * Mo t o r v e h i c l e m a i n t e n a n c e a n d r e p a i r ( b o d y s h o p ) C# * Ot h e r o f f i c e s a n d p e r s o n a l s e r v i c e s ; e . g . , at t o r n e y s , w a t c h a n d j e w e l r y r e p a i r , c o m p u t e r pr o g r a m m i n g a n d d a t a p r o c e s s i n g , e m p l o y m e n t an d t r a v e l a g e n c i e s , a d v e r t i s i n g a g e n c i e s , a n d ac c o u n t i n g , e n g i n e e r i n g , a r c h i t e c t u r a l , a n d su r v e y i n g o f f i c e s * * * * Pr o f e s s i o n a l , S c i e n t i f i c & T e c h n i c a l S e r v i c e s (S e c t o r 5 4 ) * * * * Re c r e a t i o n a l f a c i l i t i e s B * B * Re p a i r s e r v i c e , e l e c t r o n i c a n d a p p l i a n c e C# C# * * Re s e a r c h f a c i l i t y * * Sc h o o l s , d a n c e , a r t , a n d m u s i c * C# * * Sc h o o l s , e l e m e n t a r y , m i d d l e , a n d h i g h A A * Sc h o o l s , v o c a t i o n a l C# C# * Ot h e r S e r v i c e s ( H i l l s b o r o u g h E D D o n l y ) * * * TRA N S P O R T A T I O N Bu s t e r m i n a l s a n d g a r a g e s C# * Po s t a l a n d p a r c e l d e l i v e r y s e r v i c e s * * Ra i l / b u s p a s s e n g e r s h e l t e r * * * * * Su r f a c e a n d s t r u c t u r e p a r ki n g a s p r i n c i p a l u s e (W h e n a s s o c i a t e d w i t h a l o c a l o r r e g i o n a l tr a n s p o r t a t i o n g o a l s u c h a s m a s s t r a n s i t o r p a r k - an d - r i d e ) * * * Tr a n s p o r t a t i o n a n d W a r e h o u s i n g ( S e c t o r 4 8 , 4 9 ) * WHO L E S A L E TRA D E Wh o l e s a l e T r a d e ( S e c t o r 4 2 ) 47 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 5 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLA S S A SU P ) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H ED D ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 ED H - 4 ED H - 5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Du r a b l e G o o d s ( s e e l i s t i n g b e l o w ) * • A u t o m o t i v e p a r t s a n d s u p p l i e s ( I n a n en c l o s e d b u i l d i n g ) * * • E l e c t r i c a l g o o d s * * • F u r n i t u r e a n d h o m e f u r n i s h i n g s * * • H a r d w a r e , p l u m b i n g , a n d h e a t i n g eq u i p m e n t a n d s u p p l i e s * * • L u m b e r a n d o t h e r c o n s t r u c t i o n m a t e r i a l s * * • M a c h i n e r y , e q u i p m e n t , a n d s u p p l i e s * * • S p o r t i n g , r e c r e a t i o n a l , p h o t o g r a p h i c , a n d ho b b y g o o d s ; t o y s a n d s u p p l i e s * * No n - D u r a b l e G o o d s ( s e e l i s t i n g b e l o w ) • A p p a r e l a n d p i e c e g o o d s * * • B e e r , w i n e , a n d d i s t i l l e d a l c o h o l i c be v e r a g e s * * • G r o c e r i e s a n d r e l a t e d p r o d u c t s * * • P a p e r a n d p a p e r p r o d u c t s * * • P h a r m a c e u t i c a l s a n d c o s m e t i c s * * MIS C E L L A N E O U S Ac c e s s o r y u s e s * * * * * * * * * El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n l i n e s B B B B El e v a t e d w a t e r s t o r a g e t a n k (P e r m i t t e d a s a c c e s s o r y u s e w i t h o u t S p e c i a l U s e Pe r m i t ) B B B * * Hi s t o r i c b u i l d i n g s f o r n o n - r e s i d e n t i a l / m i x e d u s e A A A A Pu b l i c u t i l i t y s t a t i o n s a nd s u b - s t a t i o n s , s w i t c h i n g st a t i o n s , a n d t e l e p h o n e e x c h a n g e s A A A A * * Ra d i o a n d t e l e v i s i o n t r a n s m i t t i n g a n d r e c e i v i n g to w e r s B B B * So l a r A r r a y – L a r g e F a c i l i t y B B B B So l a r A r r a y – P u b l i c U t i l i t y A A A A St o r a g e a n d w a r e h o u s i n g , i n s i d e b u i l d i n g * * St o r a g e o f g o o d s , o u t d o o r s (A c c e s s o r y o n l y a n d s u b j e c t t o s c r e e n i n g ) * * Wa t e r a n d s a n i t a r y s e w e r p u m p i n g s t a t i o n s * * * * * * 48 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 6 5. 2 . 3 T a b l e o f P e r m i t t e d U s e s – Co n d i t i o n a l Z o n i n g D i s t r i c t s TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z RE D A - C Z - 1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . AGR I C U L T U R A L USE S Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ^ * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Ag r i c u l t u r a l S e r v i c e s U s e s * * Co l d S t o r a g e F a c i l i t y * * Co m m u n i t y F a r m e r s ’ M a r k e t * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g * Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ^ * Co o p e r a t i v e F a r m S t a n d * * Eq u e s t r i a n C e n t e r * Fa r m E q u i p m e n t R e n t a l , S a l e s a n d S e r v i c e * Fa r m S u p p l y S t o r e * * Fe e d M i l l * * Gr e e n h o u s e s w i t h O n P r e m i s e s S a l e s * * Me a t P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ^ * No n - F a r m U s e o f F a r m E q u i p m e n t * St a b l e s , C o m m e r c i a l * * St o c k y a r d s / L i v e s t o c k M a r k e t s ^ * CHI L D CAR E & EDU C A T I O N A L FAC I L I T I E S Ce n t e r i n a R e s i d e n c e f o r 3 t o 1 2 C h i l d r e n Ch i l d C a r e F a c i l i t i e s * Li b r a r i e s * * No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e Sc h o o l s : D a n c e , A r t & M u s i c * Sc h o o l s : E l e m e n t a r y , M i d d l e & S e c o n d a r y * Sc h o o l s : V o c a t i o n a l * Un i v e r s i t i e s , C o l l e g e s & I n s t i t u t e s * COM M E R C I A L USE S Ba n k s & F i n a n c i a l I n s t i t u t i o n s * Be a u t y & B a r b e r S h o p s * * Co n s t r u c t i o n ( S e c t o r 2 3 ) * Co n t r a c t o r s , B u i l d i n g & T r a d e * * Co u n t r y S t o r e * * 49 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 7 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z RE D A - C Z - 1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Fi n a n c e & I n s u r a n c e ( S e c t o r 5 2 ) * Fu n e r a l H o m e s * Ga r d e n C e n t e r w i t h O n P r e m i s e s S a l e s * * Ho t e l s & M o t e l s * In s u r a n c e C a r r i e r s & A g e n t s * Ju n k y a r d s Ke n n e l s , C l a s s I * Ke n n e l s , C l a s s I I * La u n d r y & D r y C l e a n i n g S e r v i c e s * Ma n a g e m e n t o f C o m p a n i e s & E n t e r p r i s e s ( S e c t o r 5 3 ) * Ma s s a g e , B u s i n e s s o f * Me t a l F a b r i c a t i o n S h o p * Mi c r o b r e w e r y w i t h M i n o r E v e n t s * * Mi c r o b r e w e r y w i t h M a j o r E v e n t s ^ * * Ni g h t c l u b s , B a r s , P u b s * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 1 * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 2 * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 3 * Pr o f e s s i o n a l , S c i e n t i f i c & T e c h n i c a l S e r v i c e s ( S e c t o r 5 4 ) * Re a l E s t a t e A g e n t s & B r o k e r s * * Re p a i r S e r v i c e E l e c t r o n i c & A p p l i a n c e * Re s t a u r a n t s : C a r r y O u t * Re s t a u r a n t s : D r i v e I n * Re s t a u r a n t s : G e n e r a l * Re t a i l , C l a s s 1 * Re t a i l , C l a s s 2 * Re t a i l , C l a s s 3 * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t I n n * * Ru r a l G u e s t E s t a b l i s h m e n t : C o u n t r y I n n * * St o r a g e o f G o o d s , O u t d o o r * * * St o r a g e o r W a r e h o u s i n g : I n s i d e B u i l d i n g * * St u d i o ( A r t ) * * Ta x i d e r m y * Th e a t e r , I n d o o r o r O u t d o o r ( i n c l u d i n g D r i v e - i n s ) * * To u r i s t H o m e Wh o l e s a l e T r a d e * 50 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 8 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z RE D A - C Z - 1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Wi n e r y w i t h M i n o r E v e n t s * * Wi n e r y w i t h M a j o r E v e n t s ^ * * EXT R A C T I V E USE S Ex t r a c t i o n o f E a r t h P r o d u c t s GOV E R N M E N T A L USE S Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s * * Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s ( P o l i c e & F i r e S t a t i o n s ) R e s c u e Sq u a d s , V o l u n t e e r F i r e D e p a r t m e n t s * * Mi l i t a r y I n s t a l l a t i o n s ( N a t i on a l G u a r d & R e s e r v e A r m o r y ) Pu b l i c A d m i n i s t r a t i o n ( S e c t o r 9 2 ) * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G As s e m b l y a n d P a c k a g i n g O p e r a t i o n s I n c l u d i n g D i s t r i b u t i o n a n d Ma i l O r d e r H o u s e s , B u t E x c l u d i n g On - P r e m i s e s R e t a il O u t l e t s * In d u s t r i a l , H e a v y * In d u s t r i a l , L i g h t * In d u s t r i a l , M e d i u m * Ma n u f a c t u r i n g ( S e c t o r 3 1 - 3 3 ) * Mi c r o b r e w e r y , p r o d u c t i o n o n l y * * Ph a r m a c e u t i c a l P r o d u c t s * Pr i n t i n g & L i t h o g r a p h y * Sa w m i l l s ^ * Wi n e r y , p r o d u c t i o n o n l y * * MED I C A L USE S He a l t h S e r v i c e s : O v e r 1 0 , 0 0 0 S q . F t . * He a l t h S e r v i c e s : U n d e r 1 0 , 0 0 0 S q . F t * Ho s p i t a l s * Ve t e r i n a r y C l i n i c * * Ve t e r i n a r y C l i n i c , m o b i l e * * Ve t e r i n a r y H o s p i t a l s * * REC R E A T I O N A L USE S Ar t s , E n t e r t a i n m e n t & R e c r e a t i o n ( S e c t o r 7 1 ) Bo t a n i c a l G a r d e n s & A r b o r e t u m s * Ca m p / R e t r e a t C e n t e r * Go l f D r i v i n g a n d P r a c t i c e R a n g e s * Gu e s t R a n c h * Pa r k s , P u b l i c * * * Re c r e a t i o n a l F a c i l i t i e s * 51 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 1 9 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z RE D A - C Z - 1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Go l f C o u r s e * * Ra c e T r a c k ( M o t o r i z e d , e t c . ) a n d G o - K a r t T r a c k F a c i l i t i e s * RES I D E N T I A L USE S Dw e l l i n g ; M o b i l e H o m e * * Dw e l l i n g ; M u l t i p l e F a m i l y * Dw e l l i n g ; S i n g l e - F a m i l y * * Dw e l l i n g ; T w o - F a m i l y * Fa m i l y C a r e H o m e Gr o u p C a r e F a c i l i t y * Re h a b i l i t a t i v e C a r e F a c i l i t y * Re s i d e n t i a l H o t e l ( F r a t e r n i t i e s , S o r o r i t i e s , a nd D o r m i t o r i e s ) Ro o m i n g H o u s e Te m p o r a r y R e s i d e n t i a l U n i t * TEL E C O M M U N I C A T I O N S Te l e c o m m u n i c a t i o n T o w e r – S t e a l t h ( 7 5 f e e t o r s h o r t e r ) * * Te l e c o m m u n i c a t i o n T o w e r s ( 1 5 0 f e e t i n h e i g h t o r s h o r t e r ) * * Te l e c o m m u n i c a t i o n T o w e r s ( g r e a t e r t h a n 1 5 0 i n h e i g h t ) * * TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e * Te m p o r a r y M o b i l e H o m e ( U s e d u r i n g c o n s t r u c t i o n / i n s t a l l a t i o n o f pe r m a n e n t r e s i d e n t i a l u n i t a n d f o r 3 0 d a y s f o l l o w i n g i s s u a n c e o f Ce r t i f i c a t e o f O c c u p a n c y * TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * Bu s T e r m i n a l s & G a r a g e s * Mo t o r F r e i g h t T e r m i n a l s * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r (B o d y S h o p ) * Mo t o r V e h i c l e R e p a i r G a r a g e * Mo t o r V e h i c l e S a l e s R e n t a l (N e w & U s e d ) * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s * * Pu b l i c U t i l i t y S t a t i o n s & S u b - St a t i o n s , S w i t c h i n g S t a t i o n s , Te l e p h o n e E x c h a n g e s , W a t e r & S e w a g e T r e a t m e n t P l a n t s * * 52 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 0 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z RE D A - C Z - 1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s * * Wa t e r & S a n i t a r y S e w e r P u m p i n g * * So l a r A r r a y – L a r g e F a c i l i t y * * So l a r A r r a y – P u b l i c U t i l i t y * * WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) La n d f i l l s ( L e s s T h a n 2 A c r e s ) Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L . As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 O c c u p a n t s ^ * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 O c c u p a n t s * * * Ce m e t e r y Ch u r c h * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n C l u b h o u s e s * * Co m m u n i t y C e n t e r * * Cr e m a t o r i a * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e * * In f o r m a t i o n ( S e c t o r 5 1 ) * Re s e a r c h F a c i l i t y * Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * Ru r a l H e r i t a g e M u s e u m * Ru r a l S p e c i a l E v e n t s * * 5 5 As  pr e v i o u s l y  id e n t i f i e d  by  st a f f  al l  3 ex i s t i n g  ta b l e  of  pe r m i t t e d  us e s  (i . e .  ge n e r a l  us e  zo n i n g ,  ec o n o m i c  de v e l o p m e n t ,  co n d i t i o n a l  zo n i n g )  ar e  be i n g  me r g e d  in t o  a un i v e r s a l  ta b l e .   53 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 1 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 AGR I C U L T U R A L USE S 10 1. 11 ~ Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y *∆ *∆ *∆ *∆ *∆ *∆ 2. Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , Co m m u n i t y ^ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 3 Ag r i c u l t u r a l S e r v i c e s U s e s *∆ *∆ *∆ *∆ 4. Co l d S t o r a g e F a c i l i t y A *∆ *∆ *∆ *∆ *∆ 5. Co m m u n i t y F a r m e r s ’ M a r k e t ^ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 6. Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g A *∆ Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ~ 12 A * 7. Co o p e r a t i v e F a r m S t a n d ^ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 8. Eq u e s t r i a n C e n t e r A *∆ 9. Fa r m E q u i p m e n t R e n t a l , S a l e s a n d Se r v i c e ~ *∆ *∆ *∆ *∆ *∆ *∆ 10 . Fa r m S u p p l y S t o r e *∆ *∆ *∆ *∆ *∆ *∆ *∆ 11 . Fe e d M i l l ~ *∆ *∆ *∆ *∆ *∆ 12 . Gr e e n h o u s e s w i t h O n P r e m i s e s Sa l e s ^ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 6 St a f f  wa s  di r e c t e d  by  th e  BO C C  to  co l l a p s e  as  ma n y  ex i s t i n g  la n d  us e  ca t e g o r i e s  as  po s s i b l e .    Th e r e  ar e  la n d  us e s  th a t ,  al l o w e d  in  va r i o u s  di s t r i c t s ,  pe r m i t t e d  ei t h e r  wi t h  a Cl a s s  A or B special use permit.  Staff is recommending using an ‘S’ to signify land uses  re q u i r i n g  th e  is s u a n c e  of  a sp e c i a l  us e  pe r m i t  to  be  de v e l o pe d  an d wi l l  ad d  la n g u a g e  in  Ar t i c l e  5 sp e c i f y i n g  wh i c h  pr o c e s s  (i . e .  ‘A ’  or  ‘B ’ )  is  re q u i r e d .   7 St a f f  is  an t i c i p a t i n g  a ch a n g e  in  St a t e  la w  th a t  wi l l  el i m i n a t e  th e  ‘C o n d i t i o n a l  Us e ’  re v i e w  an d  ap p r o v a l  co n s t r u c t  (i . e .  ap p r o v i n g  a sp e c i f i c  la n d  us e  wi t h  a re z o n i n g  re q u e s t  an d  is s u a n c e  of a Special Use Permit).  The process is still being referenced as the anticipated  ch a n g e  in  St a t e  la w  ha s  no t  oc c u r r e d .    Th e pr o c es s  is  li s t e d  fo r  se v e r a l  us e s  al l o w e d  wi t h i n  th e  Ec o n o m i c  De v e l o p m e n t  ge n e r a l  us e  zo n i n g  di s t r i c t s .    Th i s  ma t t e r  wi l l  be  ha n d l e d  in  a future ordinance amendment process.  8 Pl e a s e  no t e  it  is  st a f f ’ s  in t e n t i o n  to  se e k  au t h o r i z a t i o n / g u i d a n c e  on  th e  co n s o l i d a t i o n  of  ex i s t i n g  zo n i n g  di s t r i c t s  in  pr e p a r a t i o n  fo r  a fu t u r e  UD  te x t  am e n d m e n t .   9 Af t e r  co n f e r r i n g  wi t h  th e  Co u n t y ’ s  At t o r n e y  of f i c e ,  it  wa s  de t e r m i n e d  th e  us e  of  sy m b o l s  to  de n o t e  de v e l o p m e n t  op p o r t u n i t i e s / c o n s t r a i n t s  (i . e .  us e s  pr o h i b i t e d  fo r  de v e l o p m e n t  through the Conditional Use permitting process or allowed as more than 1 principal  us e  on  a bo n a  fi d e  fa r m )  wo u l d  no t  me e t  le g a l  su f f i c i e n c y  an d  co u l d  cr e a t e  co n f u s i o n .    Sy m b o l s ,  fr o m  he r e  fo r w a r d ,  sh a l l  on l y  be  us e d  to  de n o te  th e  re v i e w / a p p r o v a l  pr o c e s s  of  a given land use.  Staff will be adding language in Article 5 spelling out these  al l o w a n c e s / l i m i t a t i o n s  fo r  ea c h  in d i v i d u a l  la n d  us e .   10  At  th i s  ti m e  st a f f  is  no t  an t i c i p a t i n g  an y  ma j o r  ch a n g e s / m o d i f i c a t i o n s  to  th e s e  la n d  us e s .    A qu e s t i o n  ha s  ar i s e n  on  th e  ne e d  to  in c l u d e  ‘Cr o p  Pr o d u c t i o n  – No t  on  a Bo n a ‐Fi d e  Fa r m ’ in the table.  Staff does not believe it is necessary at this time.  11  In  re v i e w i n g  th e  ta b l e  wi t h  th e  Co u n t y ’ s  At t o r n e y  Of f i c e  it  ha s  be e n  su g g e s t e d  we  nu m b e r  in d i v i d u a l  la n d  us e s  to  pr o v i d e  ad d i t i o n a l  cl a r i t y .   12  St a f f  is  re c o m m e n d i n g  ‘C o m p o s t i n g  Op e r a t i o n s ’  be  co m b i n e d  in t o  1 la n d  us e  ca t e g o r y  wi t h  sp e c i f i c  la n g u a g e  in  Ar t i c l e  5 ou t l i n i n g  wh e n  gr i n d i n g  op e r a t i o n s  wi l l  an d  wi l l  no t  be  allowed and what standards said operations will have to abide by. Formatte 54 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 2 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 13 . Me a t P r o c e s s i n g F a c i l i t y , Co m m u n i t y ^ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 14 . ~ Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l A *∆ 15 . No n - F a r m U s e o f F a r m E q u i p m e n t ^ *∆ *∆ *∆ *∆ 16 . St a b l e s , C o m m e r c i a l ~ B B B B B B *∆ *∆ 17 . St o c k y a r d s / L i v e s t o c k M a r k e t s ~ * CHI L D CAR E & EDU C A T I O N A L FAC I L I T Y USE S I E S 13 , 14 18 . Ce n t e r i n a R e s i d e n c e fo r 3 t o 1 2 Ch i l d r e n 15 *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 19 . Ch i l d Ca r e F a c i l i t yi e s 14 B B B B B B B B B *∆ *∆ *∆ *∆ *∆ *∆ B* 16 B* * * * * 20 . Li b r a r i e s L i b r a r y 17 * * * * * * * No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e 18 A 21 . Sc h o o l s : Da n c e , A r t & Mu s i c P e r f o r m i n g A r t s , S p o r t s , a n d Re c r e a t i o n 19 * * * * * * * C* 20 * * * 22 . Sc h o o l s : El e m e n t a r y , M i d d l e & Se c o n d a r y P r e p a r a t o r y 21 A A A A A A A A A A * 13  Af t e r  co n f e r r i n g  wi t h  th e  Co u n t y ’ s  At t o r n e y  of f i c e ,  st a f f  is  el i m i n a t i n g  th e  wo r d  ‘c h i l d ’  to  en s u r e  th e  ca t e g o r y  en c o m p a s s e s  bo t h  ‘a d u l t s ’  an d  ch i l d r e n ’ .    Th i s  is  al s o  pa r t  of  th e  di r e c t i o n  staff has received to consolidate land uses where possible to avoid a  co m p l i c a t e d ,  ex h a u s t i v e ,  ta b l e  of  pe r m i t t e d  us e s .   14  In  or d e r  to  av o i d  co n f u s i o n ,  st a f f  is  no  lo n g e r  re c o m m e n d i n g  we  re ‐or g a n i z e  th e  pr o p o s e d  ta b l e ,  an d  ap p l i c a b l e  la n d  us e  de v e l o p m e n t  st a n d a r d s  th r o u g h o u t  Ar t i c l e  5,  al p h a b e t i c a l l y .   Both staff and the County’s Attorney office believe this will create unnecessary  co n f u s i o n  fo r  th o s e  re v i e w i n g  th e  do c u m e n t .    St a f f  wi l l  be  co m p l e t i n g  a fu t u r e  re v i s i o n  to  re ‐or g a ni z e  us e  ca t e go r i e s  an d  re g u l a t i o n s  al p h a b e t i c a l l y  af t e r  ac t i o n  to  ad o p t  th e  re v i s e d  table has been taken by the BOCC.  This will also allow staff the opportunity to work  wi t h  Pl a n n i n g  Bo a r d  an d  BO C C  me m b e r s  to  si m p l i f y / m o d i f y / u p d a t e  ex i s t i n g  la n d  us e  re g u l a t i o n s .   15    St a f f  is  re c o m m e n d i n g  el i m i n a t i n g  re f e r e n c e s  to  ‘c h i l d  ca r e ’  an d  al l o w i n g  fo r  ca r e  of  ch i l d r e n ,  ad o l e s c e n t s ,  an d  ad u l t s  as  pa r t  of  th i s  ex i s t i n g  la n d  us e  ca t e g o r y .    La n g u a g e  is  be i n g  added to Article 5 to address distinctions, where necessary, and required amenities  fo r  th e  ca r e  of  a br o a d  sp e c t r u m  of  cl i e n t .    Th i s  is  be i n g  do ne  co n s i s t e n t  wi t h  di r e c t i o n fr o m  BO C C  me m b e r s  to  co n s o l i d a t e ,  wh e r e  po s s i b l e ,  si m i l a r  us e  ty p e s  to  si m p l i f y  th e  ta b l e  and eliminate redundancies.  16  St a f f  is  re c o m m e n d i n g  we  mo d i f y  th e  ta b l e  an d  al l o w  fo r  ‘C a r e  Fa c i l i t i e s ’  to  be  pe r m i t t e d  by  ri g h t  wi t h i n  th e  ED B ‐1 an d  ED B ‐2 zo n i n g  di s t r i c t s  co n s i s t e n t  wi t h  th e  En o  Ec o n o m i c  Development district.  17  Th e r e  is  no  ne e d  to  re f e r  to  a us e  ty p e  in  th e  ‘p l u r a l ’  se n s e .    As  a re s u l t ,  st a f f  is  ed i t i n g  ex i s t i n g  la n g u a g e .   18  St a f f  is  re c o m m e n d i n g  th e  la n d  us e  be  el i m i n a t e d .    To  ou r  kn o w l e d g e  we  ha v e  no  su c h  us e s  in  ex i s t e n c e  an d  ar e  un s u r e  wh a t  th e  in t e n t  of  th e  us e  wa s  wh e n  cr e a t e d .   19  St a f f  is  pr o p o s i n g  ne w  te r m i n o l o g y  an d  de f i n i t i o n  to  ex p a n d  th e  us e  ty p e  to  in c l u d e  ad d i t i o n a l  ac t i v i t i e s  su c h  as  ar t ,  mu s i c ,  da n c e  sc h o o l s ,  ka r a t e  st u d i o ,  et c .   20  St a f f  is  re c o m m e n d i n g  th e  us e  be  pe r m i t t e d  by  ri g h t  in  th e  ED B ‐2 zo n i n g  di s t r i c t .    Th e r e  is  no  ra t i o n a l e  to  al l o w  th e  us e  wi t h i n  th e  ED B ‐1,  ED E ‐1,  an d  ED E ‐2 zo n i n g  di s t r i c t s  as  a permitted use and not do the same for the EDB‐2 district.  21  Th e  pr o p o s e d  us e  ca t e g o r y  wo u l d  in c l u d e  pr e ‐sc h o o l  to  12 th  gr a d e .   Formatte 55 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 3 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 23 . Sc h o o l s : Vo c a t i o n a l T e c h n i c a l , Tr a d e , a n d S k i l l T r a i n i n g 22 * * * * * * 24 . Sc h o o l s : Un i v e r s i t i e s , C o l l e g e s & In s t i t u t e s * A * A * A23 *∆ *∆ *∆ *∆ *∆ *∆ * ∆ *∆ EXT R A C T I V E USE S 24 25 . Ex t r a c t i o n o f E a r t h P r o d u c t s 25 A A A A A Go v e r n m e n t U s e s 26 . Go v e r n m e n t F a c i l i t i e s a n d O f f i c e Bu i l d i n g s E x c e p t a s I d e n t i f i e d He r e i n 26 * * * * * * * * * *27 * * * *28 * * * * * * * * * * * * * * * * * 26 ( A ) . 29 De t e n t i o n C e n t e r s 30 * 26 ( B ) . Mi l i t a r y I n s t a l l a t i o n s (N a t i o n a l G u a r d & R e s e r v e Ar m o r y ) 31 *∆ *∆ *∆ *∆ Ma n u f a c t u r i n g , A s s e m b l y , an d Pr o c e s s i n g , a n d D i s t r i b u t i o n U s e s – F o o d 32 , 33 27 . Ma n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g o f F o o d P r o d u c t s E x c e p t as I d e n t i f i e d H e r e i n 34 ∆35 * * * * * * * * * * * * 22  Th e  pr o p o s e d  la n d  us e  ca t e g o r y  wo u l d  in c l u d e  a co m m u n i t y  co l l e g e ,  tr a d e  sc h o o l ,  co n t i n u i n g  ed u c a t i o n  cl a s s e s ,  et c .   23  Af t e r  co n f e r r i n g  wi t h  BO C C  me m b e r s ,  st a f f  is  re c o m m e n d i n g  we  al l o w  th e  us e  wi t h i n  re s i d e n t i a l  di s t r i c t s  on l y  wi t h  th e  is s u a n c e  of  a Cl a s s  A Sp e c i a l  Us e  Pe r m i t .    Th i s  wi l l  en s u r e  consistency with how ‘schools’ are general treated within residential zoning districts by  th e  Co u n t y .    St a f f  is  re c o m m e n d i n g  mo d i f y i n g  th e  ex i s t i n g  ‘N o n ‐pr o f i t  Ed u c a t i o n a l  Co o p e rat i v e ’  st a n d a r d s  in  Ar t i c l e  5 to  es t a b l i s h  st a n d a r d s  fo r  th e s e  us e s .   24  Th e  ne x t  us e  ca t e g o r y  in  Se c t i o n  5. 2 . 1 ,  th e  ex i s t i n g  ta b l e ,  wa s  ‘C o m m e r c i a l  Us e s ’ .    As  th e  Bo a r d  is  al r e a d y  aw a r e ,  la n d  us e s  wi t h i n  th i s  ex i s t i n g  ca t e g o r y  ar e  no w  lo c a t e d ,  re s p e c t i v e l y ,  within the proposed new ‘Office’, ‘Retail’ and ‘Services’ use categories as  id e n t i f i e d  he r e i n .   25  Th e  cu r r e n t  de f i n i t i o n  of  th i s  la n d  us e  do e s  no t  pe r m i t  th e  pr o c e s s i n g  of  ma t e r i a l s  ‘be y o n d  in c i d e n t a l  me c h a n i c a l  co n s o l i d a t i o n  or  so r t i n g  to  fa c i l i t a t e  tr a n s p o r t a t i o n  to  th e  si t e  of use or location of further processing’.  Staff had originally recommended adding  la n g u a g e  to  sp e l l  ou t  th i s  di s t i n c t i o n  wi t h i n  th e  ta b l e .    Af t e r  co n f e r r i n g  wi t h  th e Co un t y ’ s  At t o r n e y  Of f i c e  it  wa s  de t e r m i n e d  th e  di s t i n c t i o n  wa s  no t  ne c e s s a r y  as  th e  Co u n t y  is  ch o o s i n g  to limit all extraction operations to having no on‐site processing of materials.  26  St a f f  ha s  co m b i n e d  go v e r n m e n t  of f i c e s / b u i l d i n g  an d  pr o t e c t i v e  se r v i c e s  (i . e .  fi r e  an d  po l i c e  de p a r t m e n t s )  in t o  a si n g l e  us e  ca t e g o r y  as  th e y  we r e  pr e d o m i n a t e l y  al l o w e d  in  th e  same zoning districts.  27  Cu r r e n t l y ,  th e  on l y  Go v e r n m e n t  Fa c i l i t y  al l o w e d  wi t h i n  th e  LC ‐1 zo n i n g  di s t r i c t  ar e  of f i c e  bu i l d i n g s  an d  no t  pr o t e c t i v e  se r v i c e s  (i . e .  fi r e  an d  po l i c e  de p a r t m e n t s ) .    St a f f  is  re c o m m e n d i n g  protective services be allowed within this district.  28  Cu r r e n t l y ,  th e  on l y  Go v e r n m e n t  Fa c i l i t y  al l o w e d  wi t h i n  th e  EC ‐5 zo n i n g  di s t r i c t  ar e  pr o t e c t i v e  se r v i c e s  (i . e .  fi r e  an d  po l i c e  de p a r t m e n t s ) .    Gi v e n  th e  pu r p o s e  an d  in t e n t  of  th e  di s t r i c t ,  staff is recommending the allowance be deleted.  29  In  co n s u l t a t i o n  wi t h  th e  Co u n t y ’ s  At t o r n e y  of f i c e  in  in s t a n c e s  wh e r e  st a f f  is  at t e m p t i n g  to  id e n t i f y    sp e c i f i c  la n d  us e s  th a t  ar e  no t  co n s i d e r e d  pa r t  of  an  al l ‐en c o m p a s s i n g  la n d  use category, we will right justify text to signify   30  St a f f  ha s  al w a y s  vi e w e d  th i s  us e  as  a ‘g o v e r n m e n t  fa c i l i t y ’ .    Ha v i n g  sa i d  th a t  we  re c o m m e n d  li m i t i n g  wh e r e  su c h  a fa c i l i t y  ca n  be  de v e l o p e d  wi t h i n  th e  Co u n t y .   31  As  wi t h  se v e r a l  ot h e r  la n d  us e s ,  it  is  li k e l y  a mi l i t a r y  in s t a l l a t i o n  is  ex e m p t  fr o m  lo c a l  la n d  us e  re g u l a t i o n ( s ) .   32  St a f f  is  pr o p o s i n g  to  me r g e  th e  ex i s t i n g  ‘M a n u f a c t u r i n g ,  As s e m b l y ,  an d  Pr o c e s s i n g ’  la n d  us e  ca t e g o r y  fr o m  th e  Ec o n o m i c  De v e l o p m e n t  Di s t r i c t  (E D D )  ta b l e s  (S e c t i o n  5. 2 . 2  of  th e  UDO) with Section 5.2.1.  The existing land use category contained in Section 5.2.1,  es p e c i a l l y  th o s e  re f e r e n c i n g  al l o w a b l e  ma n u f a c t u r i n g / i n d u s t r i a l  la n d  us e s ,  is  no t  ve r y  we l l  de f i n e d .    St a f f  ha s  add e d  us e s  co n s i s t e n t  wi t h  th e  Pl a n n i ng  Bo a r d  an d  BO C C  re v i e w  of  amendments to the Hillsborough EDD districts in the fall of 2016  33  St a f f  is  pr o p o s i n g  to  br e a k  do w n  la n d  us e s  in  th e  Ma n u f a c t u r i n g ,  As s e m b l y ,  an d  Pr o c e s s i n g  la n d  us e  ca t e g o r y  to  ‘F o o d ’  an d  ‘O t h e r ’ .    Th e  ra t i o n a l e  be h i n d  th e  re c o m m e n d a t i o n  is to provide clarity to the reader and avoid unnecessary confusion. Formatte 56 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 4 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 27 ( A ) . A n i m a l F e e d P r e p a r a t i o n , Ma n u f a c t u r i n g , P a c k a g i n g , a n d Di s t r i b u t i o n * * * * 27 ( B ) . A n i m a l S l a u g h t e r i n g a n d Pr o c e s s i n g , Pa c k a g i n g , a n d Di s t r i b u t i o n 27 ( C ) . Mi c r o b r e w e r y , p r o d u c t i o n on l y 36 B B *∆ *∆ *∆ *∆ ∆ ∆ ∆ ∆ ∆ *∆ *∆ 27 ( D ) . S e a f o o d P r e p a r a t i o n , Pa c k a g i n g , a n d D i s t r i b u t i o n * 27 ( E ) . S t a r c h a n d V e g e t a b l e F a t s an d O i l s M a n u f a c t u r i n g 27 ( F ) . T o b a c c o P r o c e s s i n g , Pr e p a r a t i o n , Pa c k a g i n g , a n d D i s t r i b u t i o n 27 ( G ) . Wi n e r y , p r o d u c t i o n o n l y 37 B B *∆ *∆ *∆ *∆ ∆ ∆ ∆ ∆ ∆ *∆ *∆ Ma n u f a c t u r i n g , A s s e m b l y , an d Pr o c e s s i n g , a n d D i s t r i b u t i o n U s e s – O t h e r 28 . Ma n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g o f O t h e r N o n - F o o d Pr o d u c t s E x c e p t a s I d e n t i f i e d He r e i n 38 * ∆39 ∆ * * * * * * 28 ( A ) . C h e m i c a l M a n u f a c t u r i n g a n d Pr o c e s s i n g – P h a r m a c e u t i c a l a n d Me d i c i n e * * * * * * * 34  Th i s  ne w  us e  ca t e g o r y  ‘c a p t u r e s ’  ex i s t i n g  us e s  li s t e d  in  Se c t i o n ( s )  5. 2 . 1  an d  5. 2 . 2  re s p e c t i v e l y .    Pe r  BO C C  gu i d a n c e ,  an d  re c o m m e n d a t i o n s  fr o m  th e  Co u n t y ’ s  At t o r n e y  Of f i c e ,  st a f f  is no longer recommending an exhaustive list of land uses within the revised table.   We  ar e  on l y  re c o m m e n d i n g  th o s e  us e s  th a t  ar e  on l y  go i n g  to  be  pe r m i t t e d in  ce r t a i n  di s tr i c t s  or  ar e  go i n g  to  be  pr o h i b i t e d  (i . e .  no  sy m b o l  de n o t i n g  us e  is  al l o w e d  in  a di s t r i c t ) .   35  St a f f  wi l l  be  re c o m m e n d i n g  si z e  li m i t a t i o n s  (1 0 , 0 0 0  sq . f t .  bu i l d i n g  si z e )  an d  us e  li m i t a t i o n s  in  Ar t i c l e  5.   36  St a f f  ha s  co m b i n e d  Mi c r o b r e w e r y  (p r o d u c t i o n  on l y ,  wi t h  mi n o r  ev e n t s ,  wi t h  ma j o r  ev e n t s )  in t o  a si n g l e  la n d  us e  ca t e g o r y  wi t h  la n g u a g e  pr o v i d i n g  th e  ne c e s s a r y  di s t i n c t i o n  as  to what can and cannot occur in each individual zoning district.  37  St a f f  co m b i n e d  Wi n e r y  (p r o d u c t i o n  on l y ,  wi t h  mi n o r  ev e n t s ,  wi t h  ma j o r  ev e n t s )  in t o  a si n g l e  la n d  us e  ca t e g o r y  wi t h  la n g u a g e  pr o v i d i n g  th e  ne c e s s a r y  di s t i n c t i o n  as  to  wh a t  ca n  and cannot occur in each individual zoning district.  38  Th i s  ne w  us e  ca t e g o r y  ‘c a p t u r e s ’  ex i s t i n g  us e s  li s t e d  in  Se c t i o n ( s )  5. 2 . 1  an d  5. 2 . 2  re s p e c t i v e l y .    Pe r  BO C C  gu i d a n c e ,  an d  re c o m m e n d a t i o n s  fr o m  th e  Co u n t y ’ s  At t o r n e y  Of f i c e ,  st a f f  is no longer recommending an exhaustive list of land uses within the revised table.   We  ar e  on l y  re c o m m e n d i n g  th o s e  us e s  th a t  ar e  on l y  go i n g  to  be  pe r m i t t e d in  ce r t a i n  di s tr i c t s  or  ar e  go i n g  to  be  pr o h i b i t e d  (i . e .  no  sy m b o l  de n o t i n g  us e  is  al l o w e d  in  a di s t r i c t ) .   39  As  wi t h  ‘f o o d  ma n u f a c t u r i n g ’  st a f f  wi l l  be  re c o m m e n d i n g  si z e  an d  us e  li m i t s  fo r  th e  EI  an d  I1  zo n i n g  di s t r i c t s .   Formatte 57 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 5 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 28 ( B ) . C h e m i c a l M a n u f a c t u r i n g a n d Pr o c e s s i n g – O t h e r t h a n Ph a r m a c e u t i c a l a n d M e d i c i n e 28 ( C ) . C o n c r e t e P r o c e s s i n g , Pr e p a r a t i o n , an d D i s t r i b u t i o n * * 28 ( D ) . C o n v e r t e d P a p e r P r o d u c t Ma n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g 28 ( E ) . F i r e a r m M a n u f a c t u r i n g an d A s s e m b l y 28 ( F ) . F o u n d r i e s * 28 ( G ) . L e a t h e r a n d A l l i e d P r o d u c t Ma n u f a c t u r i n g * * 28 ( H ) . L e a t h e r a n d H i d e T a n n i n g an d F i n i s h i n g 28 ( I ) . M u n i t i o n s i n c l u d i n g Am m u n i t i o n M a n u f a c t u r i n g , Pa c k a g i n g , a n d D i s t r i b u t i o n 28 ( J ) . P a p e r b o a r d c o n t a i n e r s a n d bo x e s M a n u f a c t u r i n g , A s s e m b l y a n d Pr o c e s s i n g * * * * * 28 ( K ) . P e t r o l e u m a n d C o a l P r o d u c t Pr o c e s s i n g , P r e p a r a t i o n a n d Di s t r i b u t i o n 40 28 ( L ) . P u l p , P a p e r , a n d P a p e r b o a r d Mi l l s 28 ( M ) . Re s e a r c h a n d Ma n u f a c t u r i n g F a c i l i t y 41 * * * * * * * 40  Th i s  wo u l d  in c l u d e  re f i n e r i e s ,  as p h a l t  pl a n t s ,  as p h a l t  pa v i n g / r o o f i n g  ma t e r i a l s ,  lu b r i c a t i n g  oi l / g r e a s e  ma n u f a c t u r i n g ,  et c .    St a f f  is  no t  cu r r e n t l y  re c o m m e n d i n g  th e  us e s  be  pe r m i t t e d .   41  Th i s  is  an  ex i s t i n g  la n d  us e  th a t  st a f f  is  no t  re c o m m e n d i n g  an y  ch a n g e s  to .   Formatte 58 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 6 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 28 ( N ) . Sa w m i l l s 42 * * Me d i c a l U s e s 29 . Me d i c a l U s e s E x c e p t a s I d e n t i f i e d He r e i n ∆ 43 ∆ ∆ ∆ * * * * * * * * * * * 29 ( A ) . Ho s p i t a l * * * * 29 ( B ) . Ve t e r i n a r y C l i n i c B ∆* ∆* ∆* ∆* * * * * * * C C *44 * * Ve t e r i n a r y C l i n i c - M o b i l e 45 B S B S * * * * * * * * * * 29 ( C ) . Ve t e r i n a r y H o s p i t a l * * * * * * * C C *46 * Of f i c e a n d F i n a n c i a l S e r v i c e s U s e s 47 30 . Of f i c e a n d F i n a n c i a l S e r v i c e s Ex c e p t a s I d e n t i f i e d H e r e i n 48 ∆49 ∆ ∆ ∆ ∆ ∆ * * ∆ * ∆ * * * * * * 30 ( A ) . B u i l d i n g / T r a d e C o n t r a c t o r s Of f i c e w i t h E q u i p m e n t S t o r a g e Ya r d 50 ∆ * * * * * 30 ( B ) . P a w n s h o p o r P a y d a y L o a n Re c r e a t i o n a l U s e s 42  Th i s  is  an  ex i s t i n g  la n d  us e  th a t  st a f f  is  no t  re c o m m e n d i n g  an y  ch a n g e s  to .   43  Cu r r e n t  st a n d a r d s  li m i t  th e  si z e s  of  ‘m e d i c a l  us e s ’  to  un d e r  10 , 0 0 0  sq . f t .  an d  ov e r  10 , 0 0 0  sq . f t . .    St a f f  wi l l  be  re c o m m e n d i n g  st a n d a r d s  in  Ar t i c l e  5 on l y  pe r m i t t i n g  Me d i c a l  Us e s  within the LC‐1 and NC‐2 zoning district(s) that are a maximum of 10,000 sq.ft. in size.   Wi t h i n  th e  re m a i n i n g  di s t r i c t s ,  si z e  li m i t s  on  bu i l d i n g s  wi l l  be  ba s e d  on  co m p l i a n c e  wi t h  ap p l i c a b l e  di me n s i o n a l  st a n d a r d s .   44  St a f f  is  re c o m m e n d i n g  we  tr e a t  th e  us e  th e  sa m e  as  ED E ‐2.    St a f f  do e s  no t  se e  a re a s o n  wh y  it  sh o u l d  no t  be  pe r m i t t e d  wi t h i n  ED B ‐2 as  we l l .   45  Th e  Co u n t y ’ s  At t o r n e y  of f i c e  ha s  in d i c a t e d  th e y  be l i e v e  th i s  us e  sh o u l d  be  el i m i n a t e d  as  it  is  no t  re a l l y  a la n d  us e  bu t  a mo b i l e  ac t i v i t y .    St a f f  is  st i l l  at t e m p t i n g  to  ad d r e s s  th e i r  concerns.  46  As  wi t h  Ve t e r i n a r y  Cl i n i c s  (f o o t n o t e  41 )  st a f f  is  re c o m m e n d i n g  am e n d m e n t s  to  en s u r e  co n s i s t e n c y  be t w e e n  th e  Bu c k h o r n  an d  En o  Ec o n o m i c  De v e l o p m e n t  Di s t r i c t s .   47  Th i s  us e  ca t e g o r y  co m b i n e s  ‘O f f i c e s  an d  Pe r s o n a l  Se r v i c e s ’  fr o m  th e  Co m m e r c i a l  Us e  ca t e g o r y  in  Se c t i o n  5. 2 . 1  an d  th e  ’O f f i c e s ’  fr o m  th e  Se r v i c e s  Us e  ca t e g o r y  in  Se c t i o n  5. 2 . 2  and combines them.  48  Th i s  ne w  us e  ca t e g o r y  wo u l d  in c l u d e  pr o f e s s i o n a l  of f i c e s  (i . e .  re a l t o r ,  at t o r n e y ,  en g i n e e r ,  et c . ) ,  fi n a n c i a l  se r v i c e s  (i . e .  ba n k s ,  in s u r a n c e  ag e n t ,  et c . ) ,  bu i l d i n g  co n t r a c t o r s  wi t h o u t  on‐site storage, etc.  it does not include health/medical services, which are captured  un d e r  a se p a r a t e  la n d  us e  ca t e g o r y .   49  As  wi t h  ot h e r  la n d  us e  ca t e g o r i e s ,  st a f f  wi l l  be  in c o r p o r a t i n g  ex i s t i n g  st a n d a r d s  go v e r n i n g  de v e l o p m e n t  of  pr o f e s s i o n a l  of f i c e s  in  va r i o u s  zo n i n g  di s t r i c t s .    Th i s  in c l u d e s  sq u a r e  fo o t a g e  limits (LC‐1 and NC‐2 will have a max limit of 10,000 sq.ft. for structures) as well  as  us e  li m i t a t i o n s .    Th i s  mi g h t  in c l u d e  ba n s  of  dr i v e ‐th r u  fa c i l i t i e s  in  ce r t a i n zo n i ng  di s t r i c t s .   50  St a f f  is  re c o m m e n d i n g  th e  cr e a t i o n  of  th i s  di s t i n c t i o n  to  li m i t  wh e r e  co n t r a c t o r ’ s  of f i c e  re q u i r i n g  on ‐si t e  st o r a g e  of  eq u i p m e n t  ca n  be  lo c a t e d .    As  re c o m m e n d e d ,  th e y  wo u l d  on l y  be allowed in the most intensive non‐residential zoning districts. Formatte 59 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 7 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 31 . Bo t a n i c a l G a r d e n s & A r b o r e t u m s * * * * * * * * * * * * * * * * * * * * 32 . Ca m p / R e t r e a t C e n t e r B B B * 33 . Go l f C o u r s e A A A A A A A A A A A A A A A A A * * 51 34 . Go l f D r i v i n g a n d P r a c t i c e R a n g e s B * * * * 35 . Gu e s t R a n c h 52 * 36 . Pa r k s , Pu b l i c * * * * * * * * * * * * * * * * * * * * * 37 . Ra c e T r a c k F a c i l i t i e s * 38 . Re c r e a t i o n a l F a c i l i t i e s B B B B B B B B B B B * * B * * * B * B * * * * 39 . Sw e e p s t a k e C a f é / P a r l o r 53 40 . Th e a t e r 54 * * * * 55 C * 56 * * * * * * * Re s i d e n t i a l Us e s 41 . Ca m p g r o u n d 57 * 42 . Dw e l l i n g ; Mo b i l e Ma n u f a c t u r e d Ho m e * * * * * * * * * * * * * 51  St a f f  is  re c o m m e n d i n g  th i s  us e  be  de l e t e d  fr o m  be i n g  pe r m i t t e d  wi t h i n  th e  HP ‐CZ  zo n i n g  di s t r i c t .   52  Th e  Co u n t y ’ s  At t o r n e y  of f i c e  st i l l  ha s  co n c e r n s  ov e r  th i s  la n d  us e .    St a f f  is  co n t i n u i n g  to  re v i e w  th e  ma t t e r .   53  St a f f  ha s  in c l u d e d  th i s  us e  to  ad d r e s s  sw e e p s t a k e  bu s i n e s s  op e r a t i o n s .    As  th e  Bo a r d  is  al r e a d y  aw a r e  th e r e  ha v e  be e n  se v e r a l  ch a l l e n g e s  to  ex i s t i n g  St a t e  la w s  ad d r e s s i n g  re g u l a t i o n  of these machines.  Staff is attempting to be proactive by listing them within the  ne w  ta b l e .   54  St a f f  is  pr o p o s i n g  to  co m b i n e  se v e r a l ,  ex i s t i n g ,  ca t e g o r i e s  de a l i n g  wi t h  a th e a t e r  (i . e .  mo v i e ,  pe r f o r m i n g  ar t s  ce n t e r ,  mu s i c  ha l l ,  et c . )  in t o  a ce n t r a l  la n d  us e  ty p e .   55  St a f f  is  re c o m m e n d i n g  th e  us e  be  de l e t e d  fr o m  th e  ED B ‐1 ge n e r a l  us e  di s t r i c t  to  be  co n s i s t e n t  wi t h  al l o w a n c e s  in  th e  ED E ‐1 ge n e r a l  us e  di s t r i c t .   56  Th e  re c o m m e n d a t i o n  is  th a t  th i s  be  ch a n g e s  fr o m  a Co n d i t i o n a l  Us e  to  a pe r m i t t e d  us e  to  en s u r e  co n s i s t e n c y  wi t h  th e  va r i o u s  ec o n o m i c  de v e l o p m e n t  di s t r i c t s .   57  St a f f  is  in c l u d i n g  th i s  la n g u a g e  to  en s u r e  co n s i s t e n c y  wi t h  re c e n t  ch a n g e s  in  th e  UD O  al l o w i n g  fo r  th e  de v e l o p m e n t  of  a Ho m e  Pa r k  wi t h  re c r e a t i o n a l  ve h i c l e  sp a c e s .   Formatte 60 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 8 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 43 . Dw e l l i n g ; M u l t i p l e F a m i l y 58 * * * * * * * * * * * * 44 . Dw e l l i n g ; S i n g l e - F a m i l y * * * * * * * * * * * * * * * * 45 . Dw e l l i n g ; T w o - F a m i l y * * * * * * * * * * * * * * 46 . Fa m i l y C a r e H o m e * * * * * * * * * * * * * * * * 47 . Gr o u p C a r e F a c i l i t y B B B B B B B B B B B B B B B B * 48 . He a l t h a n d P e r s o n a l C a r e F a c i l i t y 59 * * * * * * * * * 49 . Re c r e a t i o n a l V e h i c l e 60 * Re h a b i l i t a t i v e C a r e F a c i l i t y 61 * * * * * * * * * 50 . Re s i d e n t i a l H o t e l ~ D o r m i t o r y , Fr a t e r n i t y , S o r o r i t y , an d R e l i g i o u s Qu a r t e r s A A A A A 51 . Ro o m i n g H o u s e * * * * 52 . Te m p o r a r y R e s i d e n t i a l U n i t 62 * * * * * * * * * * * * * AUT O M O T I V E /T RA N S P O R T A T I O N USE S 53 . Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S. T . O . L 63 A A A 64 A A A 54 . Bu s an d R a i l Pa s s e n g e r S h e l t e r 65 , * * * * * * * * * * * * * * * * * * * * * * * * * * * 55 . Bu s T e r m i n a l s & G a r a g e ~ * * * * * 66 * * 56 . Mo t o r F r e i g h t T e r m i n a l ~ 67 * * * * * * * 58  La n g u a g e  is  be i n g  ad d e d  to  Ar t i c l e  5 in d i c a t i n g  mu l t i ‐fa m i l y  re s i d e n t i a l  de v e l o p m e n t ( s )  wi t h i n  th e  ED H ‐3 ge n e r a l  us e  zo n i n g  di s t r i c t  ob s e r v e  a de n s i t y  of  6 to  12  un i t s  pe r  ac r e .    This is consistent with the existing allowances contained in Section 5.2.2 of the UDO.  59  A pr o p o s e d  ne w  la n d  us e  in c o r p o r a t i n g  nu r s i n g  ho m e ,  as s i s t e d  li v i n g  fa c i l i t i e s ,  et c .    St a f f  is  re c o m m e n d i n g  th e  ad o p t i o n  of  ne w  la n d  us e  de v e l o p m e n t  st a n d a r d s  in  Se c t i o n  5. 5  and a new definition in Article 10.  60  St a f f  is  sp e c i f i c a l l y  li s t i n g  th i s  us e  in  th e  ta b l e  to  pr o p e r l y  de n o t e  wh e r e  sa m e  is  al l o w e d  to  be  lo c a t e d .   61  Re h a b i l i t a t i v e  Ca r e  Fa c i l i t y  is  an  ex i s t i n g  la n d  us e  st a f f  ha d  or i g i n a l l y  re c o m m e n d e d  ke e p i n g  in  th e  re v i s e d  ta b l e .    No w  st a f f  is  re c o m m e n d i n g  it  be  in c l u d e d  wi t h i n  th e  He a t h  an d  Personal Care Facility use category.  62  Te m p o r a r y  un i t s  ar e  re g u l a t e d  in  ac c o r d a n c e  wi t h  th e  pr o v i s i o n s  of  Se c t i o n  5. 4 . 4  of  th e  UD O .    St a f f  is  re c o m m e n d i n g  ma k i n g  sp e c i f i c  re f e r e n c e ( s )  in  th e  pe r m i t t e d  us e  ta b l e .   63  Mo v e d  fr o m  th e  Mi s c e l l a n e o u s  us e  ca t e g o r y  fr o m  Se c t i o n  5. 2 . 1 .   64  St a f f  ha s  hi g h l i g h t e d  th e  re s i d e n t i a l  di s t r i c t s  to  de n o t e  th e  ar e  re c o m m e n d e d  fo r  de l e t i o n .    Af t e r  co n f e r r i n g  wi t h  se v e r a l  BO C C  me m b e r s ,  it  ha s  be e n  de t e r m i n e d  th e  la n d  us e  sh o u l d  only be permitted within the identified Industrial zoning districts.  65  St a f f  ha s  ad d e d  la n g u a g e  fr o m  Se c t i o n  5. 2 . 2  re f e r e n c i n g  th e  de v e l o p m e n t  of  ‘R a i l ’  pa s s e n g e r  sh e l t e r s  as  we l l  as  ‘b u s  pa s s e n g e r  sh e l t e r s ’ .    Th e  te r m  ‘a n d  Ra i l ’  is  hi g h l i g h t e d  as  a change as we are combining 2 existing land use categories into 1 central category.  66  St a f f  is  re c o m m e n d i n g  th i s  be c o m e  a pe r m i t t e d  us e  of  pr o p e r t y  co n s i s t e n t  wi t h  th e  Ec o n o m i c  De v e l o p m e n t  En o  Hi g h  In t e n s i t y  Di s t r i c t  as  we l l  as  ot h e r  ge n e r a l  us e  zo n i n g  di s t r i c t s .     Formatte 61 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 2 9 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 57 . Mo t o r V e h i c l e : M a i n t e n a n c e an d re p a i r ( b o d y s h o p ) 68 ~ *∆ 69 *∆ *∆ * * * 58 . Mo t o r V e h i c l e : R e p a i r Ga r a g e 70 71 ~ *∆ *∆ * 59 . Mo t o r V e h i c l e : S a l e s / R e n t a l (n e w an d U s e d ) *∆ *∆ *∆ *∆ *∆ *∆ *∆ * * * * * 60 . Mo t o r V e h i c l e S e r v i c e St a t i o n s 72 *∆ *∆ *∆ *∆ *∆ * * * * * 61 . Su r f a c e a n d S t r u c t u r e Pa r k i n g As Pr i n c i p a l U s e 73 , 74 * * * * * * * * 62 . Pe t r o l e u m P r o d u c t s S t o r a g e a n d De l i v e r y ~ 75 76 * * * * * 63 . Po s t a l & P a r c e l D e l i v e r y S e r v i c e 77 * * * * * * * * * Re t a i l U s e s 78 68  St r i k e t h r o u g h  te x t  re f l e c t i n g  Co u n t y  At t o r n e y  co m m e n t s .      69  As  pr e v i o u s l y  in d i c a t e d  wi t h i n  th i s  do c u m e n t ,  th e  de l t a  ‘Δ’ is  in t e n d e d  to  es t a b l i s h  a la n d  us e  is  pe r m i t t e d  su b j e c t  to  co m p l i a n c e  wi t h  va r i o u s  de v e l o p m e n t  st a n d a r d s .    Wi t h  re s p e c t  to the various motor vehicle land uses, there are several existing and  re c o m m e n d e d  st a n d a r d s  go v e r n i n g  th e i r  de v e l o p m e n t  wi t h i n  th e  Co u n t y .   70  A re p a i r  ga r a g e  is  de f i n e d  in  Ar t i c l e  10  of  th e  UD O  as :  An  es t a b l i s h m e n t  wh e r e  th e  fo l l o w i n g  se r v i c e s  ar e  av a i l a b l e :  ma j o r  me c h a n i c a l  re p a i r s ,  in c l u d i n g  en g i n e  ov e r h a u l ,  an d  tr a n s m i s s i o n  work. Repair garages can also offer services similar to service stations.  The  di f f e r e n c e  be t w e e n  th i s  an d  a se r v i c e  st a t i o n ,  by  de f i n i t i o n  an d  st a f f  int e r p r e t a t i o n ,  is  th a t  a se r v i c e  st a t i o n  ca n  se l l  ga s  wh i l e  a re p a i r  ga r a g e  ca n n o t .  Pr o p o s e d  fi x  is  to  el i m i n a t e  multiple references to ‘repair’ and have a maintenance category (i.e. work on the  bo d y / l o o k  of  th e  ca r  in c l u d i n g  pa i n t  an d  mi n i m a l  bo d y  wo r k )  a re p a i r  ca t e g o r y  (i . e .  fi x i n g  th e  gu t s  of  a ca r )  an d  a se r v ic e  ca te g o r y  (i . e .  ga s  sa l e s  an d  ot h e r  it e m s )  as  de f i n e d  in  Ar t i c l e  10 (MDH 8/14/2017).  71  Ne w  de f i n i t i o n  fo r  th e  Mo t o r  Ve h i c l e  Re p a i r  la n d  us e :    An  es t a b l i s h m e n t  wh e r e  th e  fo l l o w i n g  se r v i c e s  ar e  av a i l a b l e :  a)   Ma j o r  me c h a n i c a l  re p a i r s ,  in c l u d i n g  en g i n e  ov e r h a u l ;  b) Transmission work. Repair garages can also offer services similar to service  st a t i o n s ;  c)   Sa l e  an d  se r v i c i n g  of  sp a r k  pl u g s ,  ba t t e r i e s  an d / o r  di s t r i b u t o r s  an d  ig n i t i o n  sy s t e m s  pa r t s ;  d)   Sa l e , se r v i c i n g  an d  re p a i r  of  ti r e s ;  e)   Re p l a c e m e n t  of  mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield wipers and  bl a d e s ,  gr e a s e  re t a i n e r s ,  wh e e l  be a r i n g s  an d  th e  li k e ;  f)   Ra d i a t o r  cl e a n i n g ,  fl u s h i n g  an d  fl u i d  re p l a c e m e n t ;  g)   Pr o v i s i o n  an d  re p a i r  of  fu e l  pu m p s ,  oi l  pu m p s  an d  li n e s ;  h)   Adjustment and repair of carburetors; i) Adjustment and repair of brakes; j)   Ad j u s t m e n t  an d  re p a i r  of  wi r i n g ;  k)  St a t e  mo t o r  ve h i c l e  in s p e c t i o n s ;  an d  l)   St o r a g e  of  mo t o r  ve h i c l e s  no t  in  op e r a t i n g  co n d i t i o n   72  Ne w  de f i n i t i o n  of  la n d  us e :    An  es t a b l i s h m e n t  wh e r e  ga s o l i n e ,  di e s e l  oi l  an d / o r  ot h e r  fu e l  fo r  in t e r n a l  co m b u s t i o n  en g i n e s  is  su p p l i e d  an d  di s p e r s e d  at  re t a i l  an d  wh e r e ,  in  ad d i t i o n ,  the following services may be rendered: and sales made and no other:   a)  Sa l e s  of  be v e r a g e s ,  pa c k a g e d  fo o d s ,  to b a c c o  pr o d u c t s  an d  si m i l a r  co n v e n i e n c e  go o d s  fo r  cu s t o m e r s ;  an d  b)  Pr ov i s i o n  of  ro a d  ma p s  an d  ot he r  tr a v e l  in f o r m a t i o n  to  cu s t o m e r s ;    n)  Pr o v i s i o n  of  re s t r o o m  fa c i l i t i e s ;  an d    73  Th e  la n d  us e  is  cu r r e n t  li s t e d  in  th i s  ca t e g o r y  in  th e  ED D  di s t r i c t s  as  Su r f a c e  an d  st r u c t u r e  pa r k i n g  as  pr i n c i p a l  us e .   Th e r e  ar e  ot h e r  st a n d a r d s  as s o c i a t e d  wi t h  de v e l o p m e n t  as  well.  These standards are being moved to the appropriate section of Article 5.  74  St a f f  is  el i m i n a t i n g  la n g u a g e  re f e r e n c i n g  th i s  as  a pr i n c i p a l  us e  as  it  is  se l f ‐ev i d e n t  gi v e n  it s  li s t i n g  in  th e  ta b l e  of  pe r m i t t e d  us e s .   75  St a f f  is  re c o m m e n d i n g  a de f i n i t i o n  fo r  th i s  ac t i v i t y  to  cl a r i f y  wh a t  is  al l o w e d .   76  ST A F F  NO T E :    Th i s  la n d  mo v e d  ou t  of  th e  au t o m o t i v e / t r a n s p o r t a t i o n  ca t e g o r y  to  th e  Se r v i c e s  la n d  us e  ca t e g o r y .   77  St a f f  is  re c o m m e n d i n g  th e  fo l l o w i n g  de f i n i t i o n  of  th i s  te r m :  Th e  de l i v e r y  of  pa r c e l s ,  pa c k a g e s ,  or  hi g h  va l u e  ma i l  as  si n g l e  sh i p m e n t s .   78  Th i s  is  go i n g  to  co m b i n e  th e  ‘C o m m e r c i a l ’  la n d  us e  ca t e g o r y  co n t a i n e d  in  Se c t i o n  5. 2 . 1  an d  th e  ‘R e t a i l ’  ca t e g o r y  co n t a i n e d  in  Se c t i o n  5. 2 . 2  of  th e  UD O .   Formatte 62 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 3 0 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 64 . Re t a i l U s e s E x c e p t as I d e n t i f i e d H e r e i n 79 ∆ 80 ∆ ∆ ∆ ∆ * * * * * * * 6 4 ( A ) . C o u n t r y S t o r e ∆ ∆ SER V I C E USE S 65 . Se r v i c e U s e s E x c e p t a s I d e n t i f i e d He r e i n 81 ∆ ∆ ∆ ∆ ∆ ∆ * * * * * * * * 65 ( A ) . B o d y A r t ( T a t t o o , Bo d y P i e r c i n g , e t c . ) * 65 ( B ) . C a r W a s h * * * * 65 ( C ) . C e m e t e r y B *B 82 B B B B B B B 6 5 ( D ) . C r e m a t o r i a 83 * * * * 65 ( E ) . E a t i n g a n d D r i n k i n g Es t a b l i s h m e n t s 84 ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ * 6 5 ( F ) . F u n e r a l H o m e ∆ ∆ ∆ 85 ∆ * 65 ( G ) . G a r d e n C e n t e r ∆ ∆ ∆ ∆ ∆ * * 65 ( H ) . M a s s a g e B u s i n e s s ∆ ∆ 65 ( I ) . S h o r t T e r m R e n t a l S m a l l – H o s t O c c u p i e d ∆ ∆ ∆ 65 ( J ) . S h o r t T e r m R e n t a l L a r g e – H o s t O c c u p i e d A A 79  As  cu r r e n t l y  en v i s i o n e d ,  th e r e  wi l l  be  ge n e r a l  de v e l o p m e n t  st a n d a r d s  fo r  re t a i l  us e s  el i m i n a t i n g  th e  ne e d  to  li s t  ou t  sp e c i f i c  ac t i v i t i e s / l a n d  us e s  in c l u d i n g :  Co u n t y  St o r e ,  Ma i l  Or d e r  Houses, etc.  Staff is attempting to collapse all individual retail land uses into this  ce n t r a l  al l ‐en c o m p a s s i n g  la n d  us e  ca t e g o r y .   80  St a f f  wi l l  be  re c o m m e n d i n g  si z e  li m i t a t i o n s  on  bu i l d i n g s  wi t h i n  th e  LC ‐1,  NC ‐2,  an d  EC ‐5 zo n i n g  di s t r i c t s  co n s i s t e n t  wi t h  ex i s t i n g  re g u l a t i o n s .   81  Th i s  is  an  al l ‐en c o m p a s s i n g  ca t e g o r y  th a t  wi l l  al l o w  gr o o m i n g  se r v i c e s  (i . e .  be a u t y / b a r b e r  sh o p s ,  da y  sp a ,  et c . ) ,  pe r s o n a l  se r v i c e s  (t a i l o r ,  la u n d r y ,  dr y ‐cl e a n i n g ,  et c . )  an d  ot h e r  pe r s o n a l  service uses.  82  A ce m e t e r y  is  cu r r e n t  li s t e d  as  a ‘p e r m i t t e d  us e ’  of  pr o p e r t y  wi t h i n  th e  AR  ge n e r a l  us e  zo n i n g  di s t r i c t  ye t  it  is  re q u i r e d  to  ob t a i n  a Cl a s s  B Sp e c i a l  Us e  Pe r m i t  in  ot h e r  re s i d e n t i a l  districts.  Staff is proposing to amend the table and require a Special Use Permit for a  ce m e t e r y ,  as  a pr i n c i p a l  us e  of  pr o p e r t y ,  in  th e  AR  di s t r i c t .   83  Ex i s t i n g  la n d  us e  un d e r  th e  Mi s c e l l a n e o u s  la n d  us e  ca t e g o r y  be i n g  mo v e d .   84  Th i s  is  in t e n d e d  to  ta k e  th e  pl a c e  of  4 ex i s t i n g  ‘R e s t a u r a n t ’  us e  ca t e g o r i e s  an d  th e  ‘N i g h t c l u b ,  Ba r ,  Pu b ’  us e  ca t e g o r y  fr o m  Se c t i o n  5. 2 . 2 .    Ar t i c l e  5 is  be i n g  mo d i f i e d  to  es t a b l i s h  size limits, regulations governing the type of facilities within various districts, etc.  85  St a f f  is  pr o p o s i n g  to  al l o w  a fu n e r a l  ho m e  wi t h  on ‐si t e  cr e m a t o r i a  fa c i l i t i e s  to  de v e l o p  in  th e  id e n t i f i e d  in d u s t r i a l  di s t r i c t s .   Formatte 63 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 3 1 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 6 5 ( K ) . S h o r t T e r m R e n t a l – N o n H o s t O c c u p i e d * * * *86 * * * * * * 6 5 ( L ) . Ju n k y a r d /S a l v a g e Y a r d A A A 6 5 ( M ) . Ke n n e l C l a s s I I B B B B B B B B 6 5 ( N ) . Pe t r o l e u m P r o d u c t S t o r a g e An d D i s t r i b u t i o n 87 * * * * * 6 5 ( O ) . Se x u a l l y O r i e n t e d Bu s i n e s s e s *∆ *∆ 6 5 ( P ) . St o r a g e o f G o o d s 88 *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 6 5 ( Q ) . Ta x i d e r m y * TEL E C O M M U N I C A T I O N USE S 66 . Te l e c o m m u n i c a t i o n T o w e r ( 7 5 f e e t or s h o r t e r ) *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 67 . Te l e c o m m u n i c a t i o n T o w e r ( O v e r 7 5 fe e t t o 1 9 9 . 9 f e e t i n h e i g h t ) 89 B B B B B B B B B B B B B B B B B B B B B B B B B * * 68 . Te l e c o m m u n i c a t i o n T o w e r ( 2 0 0 f e e t an d h i g h e r ) A A A A A A A A A A A A A A A A A A A A A A A A A * * 69 . Pe r s o n a l H a m R a d i o T o w e r s up t o 9 0 f t . i n h e i g h t 90 UTI L I T I E S 91 70 . El e v a t e d W a t e r S t o r a g e T a n k s B B B B B B B B B B B B B B B B B B B B B B 92 B * * 86  St a f f  is  re c o m m e n d i n g  a ‘O v e r n i g h t  Ac c o m m o d a t i o n ’  (f o r m e r l y  th e  ho t e l / m o t e l  la n d  us e )  be  pe r m i t t e d  wi t h i n  th e  ED B ‐2 ge n e r a l  us e  zo n i n g  di s t r i c t  co n s i s t e n t  wi t h  al l o w a n c e s  in the EDE‐2 general use zoning district.  87  Ex i s t i n g  la n d  us e  mo v e d  fr o m  th e  Au t o m o t i v e  an d  Tr a n s p o r t a t i o n  us e  ca t e g o r y  to  th e  Se r v i c e  ca t e g o r y .   88  St a f f  is  mo d i f y i n g  ex i s t i n g  re g u l a t i o n s  to  cl a r i f y  in  wh i c h  di s t r i c t s  th e  st o r a g e  of  go o d s  in d o o r s ,  ou t d o o r s ,  or  bo t h  wi l l  be  al l o w e d  ra t h e r  th a n  ha v e  mu l t i p l e ,  in d e p e n d e n t ,  us e  ty p e s  within the revised table.  89  St a f f  is  wo r k i n g  to  as c e r t a i n  if  th e s e  2 ex i s t i n g  us e  ca t e g o r i e s  ca n  be  co m b i n e d  co n s i s t e n t  wi t h  di r e c t i o n  re c e i v e d  fr o m  th e  BO C C  an d  Co u n t y ’ s  At t o r n e y  of f i c e .   90  Ne w  la n g u a g e  be i n g  pr o p o s e d  in  an  at t e m p t  to  ad d r e s s  th e  de v e l o p m e n t  of  pr i v a t e  ha m  ra d i o  to w e r s  wi t h i n  th e  Co u n t y .    He i g h t  li m i t  re c o m m e n d e d  is  co n s i s t e n t  wi t h  ex i s t i n g  allowances within State law.  91  St a f f  is  ke e p i n g  re g u l a t i o n s  go v e r n i n g  th e  de v e l o p m e n t  of  ‘u t i l i t i e s ’  th e  sa m e  fo r  th e  ti m e  be i n g .    We  ar e  wo r k i n g  wi t h  th e  Co u n t y ’ s  At t o r n e y  Of f i c e  to  as c e r t a i n  if  we  ar e ,  in  fa c t ,  pre‐empted to require local permits for activities regulated by the State Utility  Co m m i s s i o n .   92  St a f f  is  re c o m m e n d i n g  ch a n g i n g  th e  re v i e w  pr o c e s s  wi t h i n  th e  ED H ‐4 an d  ED H ‐5 ge n e r a l  us e  zo n i n g  di s t r i c t s  to  be  co n s i s t e n t  wi t h  th e  re v i e w  of  si m i l a r  pr o j e c t s  in  ot h e r  Ec o n o m i c  Development general use zoning districts. Formatte 64 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 3 2 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 71 . Pu b l i c U t i l i t y S t a t i o n s & S u b - St a t i o n s , S w i t c h i n g S t a t i o n s , Te l e p h o n e E x c h a n g e s , W a t e r & Se w a g e T r e a t m e n t P l a n t s A A A A A A A A A A A A A A A A A A A A A A A A A A * * 72 . El e c t r i c , G a s , a n d L i q u i d F u e l Tr a n s m i s s i o n L i n e s B B B B B B B B B B B B B B B B B B B B B B B * * 73 . Wa t e r & S a n i t a r y S e w e r P u m p i n g * * * * * * * * * * * * * * * * * * * * * * * * * * * * 74 . So l a r A r r a y – L a r g e F a c i l i t y B B B B B B B B B B B B B B B B B B B B B B B * * 75 . So l a r A r r a y – P u b l i c U t i l i t y A A A A A A A A A A A A A A A A A A A A A A A * * WAS T E MAN A G E M E N T USE S 76 . La n d f i l l s (2 A c r e s o r M o r e ) ~ A A A A A A A La n d f i l l s ( L e s s T h a n 2 A c r e s ) ~ 93 B B B B B B B 77 . Wa s t e M a n a g e m e n t F a c i l i t y ; Ha z a r d o u s & T o x i c ~ A A A Wh o l e s a l e T r a d e U s e s 94 78 . Du r a b l e G o o d s * * * * * * * * *95 * * 79 . No n - D u r a b l e G o o d s * * * * * * * * * * * As s e m b l y U s e s 80 . Al l A s s e m b l y L a n d U s e s E x c e p t a s Li s t e d B e l o w 96 ∆∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ 8 0 ( A ) . Co m m u n i t y C e n t e r B B B B B B B B * * * * A* 97 A98 A* A * * 93  St a f f  is  re c o m m e n d i n g  th e s e  la n d  us e s  be  co m b i n e d  wi t h  ne w  la n g u a g e  ad d e d  in  Ar t i c l e  5 an d  re q u i r e  ap p r o v a l  of  al l  la n d f i l l  op e r a t i o n s  th r o u g h  th e  Cl a s s  A Sp e c i a l  Us e  Pe r m i t  process.  94  St a f f  ha s  co l l a p s e d  th i s  us e  ca t e g o r y ,  wh i c h  or i g i n a l l y  ha d  ap p r o x i m a t e l y  12  to  14  in d i v i d u a l  la n d  us e s  in t o  2 ca t e g o r i e s ,  sp e c i f i c a l l y  ‘D u r a b l e ’  an d  ‘N o n ‐Du r a b l e ’  go o d s .   95  St a f f  is  re c o m m e n d i n g  th e  us e s  be  pe r m i t t e d  wi t h i n  th e  ED H ‐4 an d  ED H ‐5 zo n i n g  di s t r i c t s .   96  Th i s  wo u l d  in c l u d e  ‘P l a c e s  of  Wo r s h i p ’  (i . e .  ch u r c h / r e l i g i o u s  ce n t e r )  , cl u b / l o d g e ,  ‘A s s e m b l y  of  Pe r s o n s ’ ,  et c .    Ar t i c l e  5 is  be i n g  mo d i f i e d  to  in c l u d e  ap p l i c a b l e  st a n d a r d s  go v e r n i n g  the development of said uses.  97  St a f f  is  re c o m m e n d i n g  a Co m m u n i t y  Ce n t e r  be  al l o w e d  wi t h i n  th e  ED B ‐1 an d  ED E ‐1 ge n e r a l  us e  zo n i n g  di s t r i c t s  as  a pe r m i t t e d  us e ,  co n s i s t e n t  wi t h  ot h e r  si m i l a r  no n ‐re s i d e n t i a l  general use zoning districts.   98  St a f f  is  re c o m m e n d i n g  a Co m m u n i t y  Ce n t e r  no t  be  pe r m i t t e d  wi t h i n  th e  ED B ‐2 an d  ED E ‐2 ge n e r a l  us e  zo n i n g  di s t r i c t s .    Th e  us e  is  no t  de e m e d  co m p a t i b l e  wi t h  th e  hi g h e r  in t e n s i t y  commercial/industrial land uses permitted within these districts. Formatte 65 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 3 3 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 80 ( B ) . R u r a l H e r i t a g e Mu s e u m 99 B B B B B * 80 ( C ) . Ru r a l S p e c i a l E v e n t s 10 0 * ∆ * ∆ ∆ 80 ( D ) . Sp e c i a l E v e n t s – 1 5 0 at t e n d e e s o r l e s s * * * 80 ( E ) . Sp e c i a l E v e n t s – 1 5 1 at t e n d e e s o r m o r e 10 1 Mi s c e l l a n e o u s U s e s Ac c e s s o r y U s e s 10 2 * * * * * * * * * * * * * * * * * * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S. T . O . L ~ 10 3 A A A A A A As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 10 4 * * Ce m e t e r y 10 5 B * B B B B B B B Ch u r c h * * * * * * * * * * * * * * * * * * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n Cl u b h o u s e s * * * * * * * * Co m m u n i t y C e n t e r 10 6 B B B B B B B B B * * * * 99  St a f f  is  ta k i n g  th e  ex i s t i n g  Ru r a l  He r i t a g e  Mu s e u m  an d  co m b i n i n g  wi t h  a ne w  la n d  us e  ca t e g o r y  si m p l y  en t i t l e d  Mu s e u m .    Th i s  wa y  if  th e  Co u n t y  ev e r  el e c t s  to  ha v e  so m e t h i n g  other than a ‘Rural Heritage Museum’ the category will exist.  Article 5 is being modified  to  en s u r e  th e  st a n d a r d s  as s o c i a t e d  wi t h  th e  ex i s t i n g  us e  ca te g o r y  ar e  ap p l i c a b l e  in  th e id e n t i f i e d  zo n i n g  di s t r i c t s .   10 0  Mo v e d  fr o m    th e  Mi s c e l l a n e o u s  la n d  us e  ca t e g o r y  as  de t a i l e d  in  Se c t i o n  5. 2 . 1  Ta b l e  of  Pe r m i t t e d  Us e s  – Ge n e r a l  Us e  Zo n i n g  Di s t r i c t  of  th e  cu r r e n t  UD O  to  th e  ne w  As s e m b l y  la n d  use category.  Standards shall be contained in the new Section 5.18 of this  Or d i n a n c e .   10 1  St a f f  is  lo o k i n g  fo r  fe e d b a c k  on  wh e r e  su c h  us e s  wo u l d  be  al l o w e d .   10 2  Af t e r  co n f e r r i n g  wi t h  th e  Co u n t y ’ s  At t o r n e y  of f i c e  it  wa s  de t e r m i n e d  th e  re v i s e d  ta b l e  of  pe r m i t t e d  us e s  sh o u l d  be  re s e r v e d  fo r  pr i n c i p a l  us e s  of  pr o p e r t y .    As  a ge n e r a l  ru l e  al l  land uses are allowed to develop ‘customary and accessory’ uses.  There is no need to  sp e l l  ou t  sa m e  wi t h  th e  ta b l e .   10 3  Mo v e d  to  th e  Au t o m o t i v e  an d  Tr a n s p o r t a t i o n  us e  ca t e g o r y .   10 4  Bo t h  us e s  ar e  no w  co n s i d e r e d  to  be  lo c a t e d  wi t h i n  th e  ne w  ‘A s s e m b l y  Us e ’  ca t e g o r y .   10 5  Mo v e d  to  th e  ne w  ‘S e r v i c e  Us e s ’  la n d  us e  ca t e g o r y .   10 6  Th e  ‘C h u r c h ’  ; ‘C l u b s  or  Lo d g e s ’  ;   an d  ‘C o m m u n i t y  Ce n t e r ’  la n d  us e s  ar e  no w  pa r t  of  th e  ne w  ‘A s s e m b l y  Us e ’  ca t e g o r y .   Formatte 66 Article 5: Uses Section 5.2: Table of Permitted Uses Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Pa g e 5 - 3 4 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE ∆ = SU B J E C T TO US E ST A N D A R D S A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE S = SP E C I A L U S E 6 C= CONDITIONAL USE (REZONING & CLASS A SUP) 7 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S 8 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 ED B - 2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) 9 Cr e m a t o r i a ~ 10 7 * * * 81 . Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d Us e A A A 82 . Ke n n e l s , C l a s s I * * * * * * Re s e a r c h a n d M a n u f a c t u r i n g F a c i l i t y * * * * Re s e a r c h F a c i l i t y ~ 10 8 * * * * * * * 83 . Re s e a r c h L a n d s & In s t a l l a t i o n s , No n - p r o f i t * Ru r a l H e r i t a g e M u s e u m B B B B B Ru r a l S p e c i a l E v e n t s ^ * * * Sp e c i a l E v e n t s ( L e s s t h a n 1 5 0 ) 10 9 * * * 10 7  Us e  ha s  be e n  mo v e d  to  th e  ne w  ‘S e r v i c e  Us e s ’  la n d  us e  ca t e g o r y .   10 8  Bo t h  th e  ‘R e s e a r c h  an d  Ma n u f a c t u r i n g ’  an d  ‘R e s e a r c h ’  us e s  ha v e  be e n  mo v e d  to  th e  Ma n u f a c t u r i n g ,  As s e m b l y ,  Pr o c e s s i n g ,  an d  Di s t r i b u t i o n  us e  ca t e g o r y .   10 9  Al l  th e r e  us e s  ar e  no w  in c l u d e d  wi t h i n  th e  ‘S e r v i c e  Us e s ’  la n d  us e  ca t e g o r y .   Formatte 67 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-39 (v) Plant material shall be selected for its structure, texture, and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the design, and of good appearance can be allowed. (vi) Appropriate curbs, tree guards or other devices shall be employed to protect plants susceptible to injury by pedestrian or motor traffic. (vii) Parking areas and trafficways shall be enhanced with landscaped spaces containing trees or tree groupings. (viii) Service yards and other unsightly places shall be screened by use of walls, fencing and/or planting. (g) Signs (i) Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings. A unified signage plan shall be submitted and approved with the Special Use Permit. (ii) Every sign shall be designed as an integral architectural element of the building and the site to which it principally relates. (iii) The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates. (iv) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the total area of the sign face. (v) Freestanding signs shall not be pole-mounted. (h) Maintenance, planning and design factors (i) Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. (ii) Provisions for cleaning buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to accumulate debris and dirt shall be avoided. SECTION 5.4: STANDARDS FOR TEMPORARY USES 5.4.1 Yard Sale (A) General Standards for of Evaluation (1) Yard sales are permitted in accordance with the Table of Permitted Uses provided that these sales do not exceed two days per month. 5.4.2 Temporary Fund Raising Activity (A) General Standards for of Evaluation (1) Temporary fund raising activities are permitted in accordance with the Table of Permitted Uses provided that these activities do not exceed two days per month. 5.4.3 Special Events (A) Use Standards 68 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-40 (1) Arts and Cultural Special Events (a) All arts and cultural special events organized, conducted, and affiliated with a 501(c)(3) nonprofit organization or government entity, for example the annual Orange County Open Studio Tour, shall be exempt from the special event review and permitting process. (B) General Standards of Evaluation (1) The application shall include a written description of the type of event planned, the number of participants for any single event, the frequency of the events, the anticipated hours of operation, the potential dates for the events, and the method and adequacy of sewage disposal, recycling and waste disposal, access, parking, lighting, and signage; (2) The plot plan shall be accompanied by written approval from the Orange County Division of Environmental Health regarding the adequacy of the water-supply and wastewater disposal; (3) The plot plan shall have written approval from the Orange County Fire Marshal; (4) The applicant shall submit a copy of notification sent to the Orange County Sheriff’s Department stating the type of events, number of participants, date(s) and hours of operation, and emergency contact information. A location map must be attached to the notice provided to the Sheriff; (5) Lot size shall be adequate to accommodate all proposed activities including safe vehicular and pedestrian circulation; (6) The proposed activity will occur on no more frequently than seven days in a 30- day period, and on no more than 50 days per year; and (7) Signs shall be permitted in accordance with Section 6.12.11(D). (C) Submittal Requirements andStandards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) A written description of the exact type of event planned, the maximum number of participants, the frequency of the event, anticipated dates and hours of operation, method and adequacy of sewage disposal, recycling and waste disposal, access, parking, lighting, and signage; (b) A site plan showing the boundaries of the area to be used for the events, the locations of access points, parking, service areas, activity areas, restrooms, solid waste disposal/recycling facilities, lighting, and signage; (c) Written comments from the Orange County Health Department, Division of Environmental Health regarding the adequacy of plans restroom facilities and food preparation/handling arrangements; and (d) Written comments from the Orange County Fire Marshal and Sheriff’s Department regarding the adequacy of parking, access, or other factors related to public safety. (2) Standards of Evaluation (a) The lot shall contain a minimum of five acres and shall be adequate to accommodate all proposed activities, including safe vehicular and pedestrian circulation, and the maximum number of participants for any single event. 69 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-41 (b) The maximum number of participants at any given time at any event shall be 150 persons. (c) The proposed activity will occur no more frequently than seven days in a 30-day period, and on no more than 50 days per year. (d) Signs shall be permitted in accordance with Section 6.12.11(D) of this Ordinance. (e) All parking shall be on-site. (f) Noise levels at the boundary of the area included in the special Use Permit shall not exceed 50 decibels between the hours of 7:00 a.m. and 7:00 p.m., or 45 decibels between the hours of 7:00 p.m. and midnight. No Special Event shall begin before 7:00 a.m., or extend beyond midnight. (g) The site plan shall have the written approval of the Orange County Division of Environmental Health regarding the adequacy of the water supply and wastewater disposal for the specified maximum number of participants for any single event and the written approval of the Orange County Fire Marshal and Orange County Sheriff’s Department regarding the adequacy of parking, access or other factors relating to public safety. (h) The Special Use Permit shall be valid for no more than one year. 5.4.4 Temporary Use of a Residential Mobile Home (A) General Standards of Evaluation Residential Mobile Homes may be permitted as a temporary use during construction in accordance with the following: (1) The property owner shall reside in the temporary residential mobile home during construction of a new residence or the renovation of an existing residence on the same lot. (2) Prior to placement of the temporary residential mobile home on-site all applicable state and local approvals and permits shall be procured, including but not limited to a zoning compliance permit, building permits, and health department approval. (3) The temporary residential mobile home must be removed within 90 days of receipt of the certificate of occupancy for the on-site residence. 5.4.5 Buildings for Temporary Use (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Site plan showing all existing and proposed structures on the site, existing and proposed topography at a contour interval of five feet, existing and proposed landscaping, parking areas, access points, any officially designated flood plains, and other site details. (b) A description of the exterior materials, color and construction details. (c) Statement of proposed use and length of time building will be in use. (2) Standards of Evaluation – (a) The temporary building shall not be used for residential purposes. 70 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-42 (b) The temporary building shall not be used by operations offering drive-in services. (c) The use of the building shall be only for the period of time specified and for the use specified. (d) The proposed use is a permitted use in the district in which it is located. SECTION 5.5: STANDARDS FOR RESIDENTIAL USES 5.5.1 Accessory Structures and Uses (A) General Standards of Evaluation (1) Accessory structures and uses, including recreational uses and amenities, shall not be located in any required front open space and shall conform to the principal setbacks of the district where located unless otherwise provided in this Section. (2) An attached private garage, or carport, not exceeding 12 feet in height, may occupy a portion of the required side open space, provided that this does not result in a required side open space of less than 7% of the lot width, nor a total, when combined with the required side open space of the lot immediately adjacent, of less than eight feet. (3) Mobile homes as accessory structures to residential uses are prohibited. 5.5.2 Campground (A) Use Standards (1) Shall be developed in accordance with the provisions of Section 5.5.5 of this Ordinance. 5.5.25.5.3 Efficiency Apartment (A) General Standards of Evaluation (1) Efficiency apartments shall be allowed only as an accessory use to a single- family residence. (2) There shall be no more than one efficiency apartment, whether detached or attached, on any lot. (3) The efficiency unit shall contain no more than 1,000 square feet of gross floor area with a maximum limit of 800 square feet of heated/cooled habitable living space.. (4) The residential lot shall meet all dimensional requirements of the zoning district in which it is located. (5) The efficiency unit shall comply with the N.C. Residential Building Code including minimum light/ventilation and room sizes. (6) The efficiency unit shall be served by an approved water supply and sanitary facilities. (7) The efficiency unit shall remain in the same ownership as the primary residence. 5.5.35.5.4 Home Occupations (A) General Standards (B)(A) Submittal Requirements– 71 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-43 (1) In addition to the completed application form, applicants for a minor or major home occupation shall submit the following to the Planning Department: (a) Minor Home Occupations (i) A plot plan of the property on which the home occupation is to be located. The plot plan shall show: a. The location of the residence and/or accessory building in which the home occupation is to be located in relation to existing property lines and adjacent homes; b. The location, number, and means of access to required off street parking areas; and c. The location and type of required landscaping and/or screening. (ii) A floor plan of the residence and/or accessory building in which the home occupation is to be located showing the location, size, and use of each room or area within the residence and/or accessory building. (b) Major Home Occupations (i) A site plan of the property on which the home occupation is to be located. The site plan shall show: a. The location of the residence and/or accessory building in which the home occupation is to be located in relation to existing property lines and adjacent homes; b. The location, number, and means of access to required off street parking areas; and c. The location and type of required landscaping and/or screening. (ii) A floor plan of the residence and/or accessory building in which the home occupation is to be located showing the location, size, and use of each room or area within the residence and/or accessory building. (2) Standards of Evaluation - (a) All Home Occupations (i) No home occupation may be operated in a residence except as permitted under this Ordinance and only after a Home Occupation Permit has be issued in accordance with the provisions of Section 2.22 of this Ordinance. (ii) Home based business operations that conduct only online retail sales and do not include nonresident employees located onsite, signage, or onsite students, customers, and/or clients do not require a home occupation permit. (iii) Uses Not Permitted a. Except for the office component of the business operation, the following activities are explicitly prohibited as home occupations: i. Automotive repair, ii. Automotive service, iii. Automotive detailing, 72 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-47 ii. Existing vegetation provides suitable screening of the accessory structure from all adjacent properties. e. New accessory structures built for the purpose of conducting a home occupation shall not exceed square footage allowances referenced in Section 5.5.3.A(2)(e)(iii)a. 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. 5.5.45.5.5 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 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. 73 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-52 (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 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. (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. 5.5.55.5.6 Existing Home Parks (A) General Standards of Evaluation (1) Existing Home Parks that do not meet the standards set forth in this Ordinance shall be considered non-conforming. (2) Existing 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, or portions of existing, Home Parks that have been previously approved, but have not constructed substantial improvements, including, but not limited to, water systems, roads, parking areas, recreational facilities and mobile home pads, or do not have sewage disposal systems installed by the date of adoption of this section shall meet all applicable standards as set forth in this Ordinance. 5.5.65.5.7 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. 74 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-53 (c) Replacement mobile home units on individual lots are not required to meet lot area and dimensional or lot coverage standards, but must meet setback requirements as well as those requirements specified in Subsections (4) and (5) below, if applicable. (2) Individual mobile homes may be erected on any lot where the use is permitted, provided it is in compliance with the requirements of the zoning district and all other applicable regulations. These zoning requirements include, but are not limited to: lot area and dimension; front, rear, and side yard setbacks; and lot coverage. (3) Individual tracts of land may be created for the purpose of erecting a mobile home provided all requirements of this Ordinance, and any other applicable land development standards are met. (4) In addition to the requirements contained in Subsections (1) through (3) above, the following requirements must be met in the Residential 1 (R-1) District: (a) The mobile home must be placed on a permanent support system (See definition of "support system", Article 10 of this Ordinance). (b) The mobile home must be skirted. (5) In addition to the requirements contained in Subsections (1) through (3) above the following requirements must be met in the Agricultural Residential (AR) district: (a) The mobile home must be skirted. (b) The home may be placed on a permanent support system, if desired. If a solid concrete or masonry perimeter foundation is used, the exterior covering material shall not extend below the top of the foundation. (6) Temporary mobile homes installed in accordance with the Table of Permitted Uses are exempt from the support system requirements established in Subsections (4) and (5) above. However, skirting is required and the mobile home must be connected in conformance with all applicable laws and regulations. 5.5.8 Family Care Home (A) Use Standards (1) Facility shall serve between 1 and 6 clients at any one time.110 5.5.75.5.9 Group Care Facility (A) Use Standards (1) Facility shall serve between 7 and 15 clients at any one time.111 (A)(B) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements – 110 Staff is taking existing ‘standards’ referenced within the definition of the term in Article 10 and establishing a  client limit within Article 5.  111 Staff is taking existing ‘standards’ referenced within the definition of the term in Article 10 and establishing a  client limit within Article 5.  75 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-54 In addition to the information required by section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) A description of the type of persons to be cared for and the nature of the care to be provided. (b) If structural alterations to existing structures or new construction is required, a complete description of the nature and extent of these alterations or new construction. (2) Standards of Evaluation – (a) The proposed use is not within 500 feet of another existing Family Care Facility or Group Care Facility. (b) Structural alterations shall be of such a nature as to preserve the residential character of the building. (c) If a Sstate license or permit is required to operate such a facility, the standards necessary to qualify for such a permit have been met. 5.5.10 Health and Personal Care Facility (A) Use Standards (1) Facility shall serve 16 or more clients at any one time. (2) Where a State license is required to operate the facility, evidence that the requirements to qualify for said license have been, or will be, met shall be submitted. 5.5.85.5.11 Residential Hotel, Dormitory, Fraternity, Sorority, and Religious Quarters (A) Submittal Requirements and Standards of Evaluation for Class A Special Use Permit (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) A description of the type facility planned, the number of occupants, and the development schedule. (b) A site plan showing existing and proposed contours. Proposed buildings, parking, access, service, recreation, landscaped and screened areas. (c) Other criteria as set forth in sections 6.2.11 and 6.3. (d) A statement concerning the provision of public services which shall include fire, police and rescue protection. (2) Standards of Evaluation – (a) Adequate parking, access and service areas are provided for the site. (b) Parking, service areas and buildings are adequately screened from adjacent residential uses. (c) Improved recreational facilities are provided for occupants. (d) Other criteria as set forth in sections 6.2.11 and 6.3. (e) Letters from public service agencies attesting to the adequacy of the provision of public services such as fire, police and rescue. 76 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-55 5.5.95.5.12 Temporary Custodial Care Units (A) General Standards (B)(A) Submittal Requirements In addition to the information required by Section 2.4, Zoning Compliance Permits, the following information shall be supplied as part of the application for approval of this use: (a) Certification in writing from a licensed physician stating the necessity of direct care for a mentally or physically impaired person who requires assistance with two or more activities of daily living. (C)(B) Standards of Evaluation (a)(1) An existing single family residential dwelling unit must be located on the same parcel as the temporary custodial care unit. Temporary custodial care units shall be classified as an accessory use to a single family detached dwelling unit. (b)(2) No more than one temporary custodial care unit per lot shall be permitted. (c)(3) The temporary custodial care unit must meet setback standards where located and shall not be located in any required front yard open space. (d)(4) Occupancy of a temporary custodial care unit shall be limited to no more than two persons, with at least one of whom is mentally or physically impaired and requires assistance with two or more activities of daily living. (e)(5) A temporary custodial care unit shall be required to connect to water, wastewater, and electric utilities serving the principal structure on the property. (f)(6) The Orange County Health Department, or the agency that provides sanitary sewer and water services, shall approve water and wastewater disposal facilities. (g)(7) All applicable state and local approvals and permits shall be procured including, but not limited to, a zoning compliance permit, building permits, and health department approval. (h)(8) Approval of the application shall not exceed one year. Annual renewal shall require a new application and recertification from a licensed physician stating the necessity of direct care. (i)(9) Any approved temporary custodial care unit shall be removed no later than 180 days after the time the mentally or physically impaired person(s) is no longer receiving care or is in need of assistance. If the structure is needed for a different impaired person, the temporary custodial care unit may continue to be used, subject to the requirements of this Ordinance. (j)(10) The caregiver shall allow inspections of the property by the County at times convenient to the caregiver, during reasonable hours, and upon prior notice for compliance purposes. (k)(11) A permit for a temporary custodial care unit may be revoked by the Planning Director due to failure of the applicant to comply with any of the above provisions. 5.5.105.5.13 Multi-Family (A) Use Standards (1) Standards for EDH-3 and EDH-4 Zoning Districts Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in accordance with the following standards: (a) The site plan must identify the square footage of each building by type of use. 77 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-56 (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. (c) Multi-family dwellings shall not exceed 25% of the total square footage of all structures on the site. SECTION 5.6: STANDARDS FOR COMMERCIAL SERVICE USES 5.6.1 Nightclubs, Bars and Pubs112 (A) General Standards for Evaluation (1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a residence. 5.6.25.6.1 Cemetery113 (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit and (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, Cemetery Commission shall be met. (2) Standards of Evaluation (a) A minimum lot size of two acres is provided. (b) The site shall have direct access to a collector or arterial street (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilages (d) No interments shall take place within 30 feet of any lot line.114 5.6.2 Eating and Drinking Establishments115 (A) Use Standards (1) Shall have frontage, and obtain access from, a public roadway. (2) Buildings housing nightclubs, bars, and pubs shall not be located within 200 ft. of a residential structure.116 (3) Drive-thru facilities shall only be permitted within the CC-3, GC-4, EDE-2, EDB-2, EDH-4, and MPD-CZ Zoning Districts.117 5.6.3 Funeral Homes (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of 112 Combined with the Eating and Drinking Establishment use category.  113 This was moved from the existing Miscellaneous land use category contained in Section 5.17.3.  114 While shown as Red Underlined Text, these are the existing standards governing the development of a  cemetery.  115 This combines restaurants, nightclub, pubs, bars, etc. into one central land use category.  Additional  development standards will be added in a future text amendment.  116 Existing regulations taken from Section 5.6.1.  Staff added the word structure to the standard for clarification.  117 This reflects existing limitations on where drive‐thru facilities can be developed within the County.  78 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-57 this Ordinance. (2) On-site Crematoria shall only be permitted within the I-1 and I-2 Zoning Districts. 5.6.4 Garden Center118 (A) Use Standards (1) Rental of moving vehicles shall be permitted as a customary accessory use.119 (B) Standards of Evaluation (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. 5.6.35.6.5 Massage Business (A) General Standards for Evaluation (1) Must comply with the Ordinance for the Control of Massage and Massage Establishments (2) The submittal of construction plans for all existing and proposed buildings housing the massage business. The construction plans shall include floor plans and cross sections showing the proposed use of all portions of such buildings. (3) For existing buildings, certification by the Orange County Building Inspector that the structure(s) complies with the North Carolina Building Code and all related construction codes. (3) Garden Center (B) General Standards for Evaluation120 (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. 5.6.45.6.6 Junkyards/Salvage Yards (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (A)(B) Submittal Requirements and Standards of Evaluation for Class A Special Use Permit 118 Regulations governing the development of a Garden Center were somehow included as part of the regulations  for a Massage Business.  Staff is correcting the error and moving the standards to the appropriate location.  119 We have several garden centers in the County that rent vehicles for moving (i.e. U‐Haul trucks, etc.).  We are  adding language in Bold Red Underlined Text to make sure previous determinations made by staff that such an  activity is a customary accessory use are being added.  Additional regulatory standards will be added during a  future amendment to address number of allowed vehicles, storage, parking, screening, etc.  120 Moved to Section 5.6.2 of the UDO.  79 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-58 (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Detailed plans and specifications for the site screening proposed. (b) Description of type and number of motorized machines to be employed upon site. (c) Indicate on the site plan the extent of area to be used for the storage of junked or wrecked motor vehicles (2) Standards for Evaluation - (a) The site shall be screened from adjacent property by a minimum of an eight foot high solid fence or equal, uninterrupted except for required vehicle access points. (b) No materials shall be stored closer than 50 feet to the public right of way or 30 feet to the property lines. (c) Site is of adequate size to protect adjacent properties from adverse effects of the junkyard. 5.6.55.6.7 Kennels (Class II) (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (2) Allowed as more than 1 principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all kennels, exercise yards, dog runs, pens and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation – (a) The site is of adequate size to protect adjacent properties from adverse effects of the kennel. (b) No part of any building, structure, dog run, pen, or exercise yard in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the kennel. (i) The 150 foot setback established by this section shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (ii) For Class II Kennels developed within the EDE-2 zoning district, this setback shall not apply to dog training activities where each dog is under the immediate control of its trainer, owner, or other responsible individual. 80 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-59 (iii) For Class II Kennels developed within the EDE-2 zoning district, all buildings, structures, dog runs, pens, or exercise yards in which animals are housed or exercised shall observe the principal setbacks established within Section 3.7 of the UDO in those instances where the property abuts other EDE-2 zoned property and US Highway 70. (c) Any kennel, including primary enclosures or runs, which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height. (d) The site plan shows parking, access areas and screening devices for all buildings and animal boarding facilities existing or proposed for the property. (e) The site plan shall be reviewed by the Orange County Animal Services Department, and found in conformance with the Animal Control Ordinance. (f) Building plans for all kennel facilities shall be reviewed and approved by the Orange County Animal Services Department prior to issuance of any building permits. (g) All proposed signage shall comply with dimensional requirements as set forth within Section 6.12. (h) A Class II Kennel Permit shall be obtained from Orange County Animal Services within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II Kennel Permit or other related permits which may be required by the USDA or Wildlife Resources Commission will result in revocation of the Special Use Permit. 5.6.8 Short Term Rental Small – Host Occupied121 (A) Use Standards122 (1) Shall be served by either direct access onto a State maintained road or legal access to a public road by way of a recorded easement. (2) Short Term Rental Small uses are considered to be residential land uses and shall be permitted within all protected and critical Watershed Protection Overlay Districts as detailed in Section 4.2 of this Ordinance. (3) Allowed as more than 1 principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Submittal Requirements123 (1) In addition to the information required by Section 2.5 of this Ordinance, the following information shall be provided on the site plan: (a) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (b) Location and dimensions of all on site signage. (c) Boundaries of the site. (d) Location of well and septic system. 121 A Short Term Rental Small – Host Occupied is consistent with what new now classify as a Rural Guest  Establishment Bed and Breakfast.  122 These are existing use standards for a Bed and Breakfast.  123 Submittal standards are consistent with the requirements for a Bed and Breakfast as detailed in Section 5.6.6 of  the UDO.  81 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-60 (2) A Description of the proposed use(s) of the site and the buildings thereon, including the following: (a) Amount of area allocated to each use. (b) Number of full and part time employees. (c) Number of clients and/or occupants expected to use the facility. (d) Proposed hours of operation for non-residential uses of the site and within buildings thereon. (3) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (4) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.)124 (5) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (6) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (7) The proposed development schedule for the site. (8) Applicants requesting a full or partial waiver of the right-of-way land use buffer shall submit evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and/or property is to be enhanced through the project. (B)(C) Standards of Evaluation (1) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (2) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (3) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (4) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (5) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (6) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. (7) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time 124 Staff is recommending deleting the Bold Red Strikethrough language.  This is redundant and unnecessary  information.  82 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-61 glare. (8) On-site parking shall be provided in accordance with Section 6.9 of this Ordinance. (9) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (10) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (11) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (12) Any application for a bed & breakfast operation that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. 5.6.9 Short Term Rental Large – Host Occupied125 (A) Use Standards (1) Shall be served by direct access onto a State maintained road. (2) Short Term Rental Large uses shall be considered a commercial land use. As a result it may not be permitted within all protected or critical Watershed Protection Overlay Districts as detailed in Section 4.2 of this Ordinance. (3) Minimum required lot size shall be:126 (a) Five acres with no on-site eating establishment; (b) 10 acres with an on-site eating establishment served by a private well and septic system. (4) Allowed as more than 1 principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Submittal Requirements127 (1) In addition to the information required by Section 2.5 of this Ordinance, the following information shall be provided on the site plan: (a) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (b) Location and dimensions of all on site signage. (c) Boundaries of the site. 125 This combines Bed and Breakfast Inn and County Inn into a single land use category that will be processed  through the Class A Special Use Permit process.  126 Minimum acreage requirements are consistent with existing regulations contained within Section(s) 5.6.6 (A) (2)  (n) and 5.6.7 (A) (2) (n).  127 Submittal requirements are consistent with existing regulations contained within Section(s) 5.6.6 (A) (1) and  5.6.7 (A) (1).  83 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-62 (d) Location of well and septic system. (2) A Description of the proposed use(s) of the site and the buildings thereon, including the following: (a) Amount of area allocated to each use. (b) Number of full and part time employees. (c) Number of clients and/or occupants expected to use the facility. (d) Proposed hours of operation for non-residential uses of the site and within buildings thereon. (3) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (4) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (5) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses including any proposed eating establishment. (6) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (7) The proposed development schedule for the site. (8) Applicants requesting a full or partial waiver of the right-of-way land use buffer shall submit evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and/or property is to be enhanced through the project. (C) Standards of Evaluation for Class A Special Use Permit (1) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (2) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (3) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (4) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (5) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (6) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. (7) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time glare. (8) On-site parking shall be provided in accordance with Section 6.9 of this Ordinance. The Fire Marshal shall approve the site plan indicating there is sufficient area for EMS and fire truck accessibility. 84 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-63 (9) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (10) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (11) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (D) Expiration and Re-approval of Special Use Permit128 (1) The Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of County Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (2) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (3) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (4) If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (5) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.10 Short Term Rental – Non Host Occupied (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 5.6.6 Rural Guest Establishment: Bed & Breakfast (A) General Standards (1) Submittal Requirements (a) A site plan, prepared in accordance with the requirements of Section 2.5, containing the following: (Per Section.2.5.2 professional design and certification is not required for Rural Guest Establishments with three guestrooms or less—bed & breakfasts.) (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Boundaries of the site. 128 This is existing language as contained within Section 5.6.7 (A) (3) of the UDO.  Staff is still reviewing if the permit  can expire once issued.  85 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-64 (iv) Location of well and septic system. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (i) Any bed & breakfast establishment that is not located on a state maintained road shall furnish a copy of the deed establishing the ingress/egress easement to the Planning Director. Such documentation shall not be limited to the easement deed, but may also include copies of road maintenance agreements as determined by the Planning Director. (j) Any application for a bed & breakfast operation that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. (k) Applicants requesting a full or partial waiver of the right-of-way land use buffer shall submit evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and/or property is to be enhanced through the project. (2) Standards of Evaluation (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. 86 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-65 (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road, or has legal access to a public road by way of a recorded easement. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Bed & Breakfast establishments shall be allowed in all protected watersheds, and critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. (j) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time glare. (k) On-site parking shall be provided in accordance with Section 6.9 of this Ordinance. (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. 5.6.7 Rural Guest Establishment: Bed & Breakfast Inn (A) Standards for Class B Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. 87 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-66 (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (i) Any bed & breakfast inn that is not located on a state maintained road shall furnish a copy of the deed establishing the ingress/egress easement to the County. Such documentation shall not be limited to the easement deed, but may also include copies of road maintenance agreements as determined by the County. (j) Any application for a bed & breakfast inn operation that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. (k) Applicants requesting a full or partial waiver of the right-of-way land use buffer shall submit evidence that the property is listed on the National Historic Register recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and/or property is to be enhanced through the project. (2) Standards of Evaluation 88 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-67 (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Bed & Breakfast Inns shall be considered commercial operations and therefore may not be allowed in all protected watersheds, and critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. (j) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time glare. (k) On-site parking shall be provided in accordance with Sections 6.9 of this Ordinance. (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (n) The minimum lot size for a Bed & Breakfast Inn using a private well and septic system shall be no less than five acres. A Bed & Breakfast Inn may be permitted on lots of less than five acres if the tract is currently served by public water and sewer, subject to the review and approval of the appropriate agencies and the Staff Engineer. (3) Expiration and Re-Approval of SUP 89 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-68 (a) The Class B Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of Adjustment after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of Adjustment shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (d) If the Board of Adjustment does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.8 Rural Guest Establishment: Country Inn (A) Standards for Class A Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. 90 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-69 (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (i) Any application for a Country Inn that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. (j) Applicants requesting a full or partial waiver of the right-of-way land use buffer shall submit evidence that the property is listed on the National Historic Register recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and/or property is to be enhanced through the project. (2) Standards of Evaluation (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Country Inns shall be considered commercial operations and therefore may not be allowed in all protected watersheds, an critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Health Department, Fire Marshal, and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. 91 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-70 (j) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time glare. (k) On-site parking shall be provided in accordance with Section 6.9 of this Ordinance. The Fire Marshal shall review and approve the site plan to ensure EMS and fire truck accessibility. (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (n) The minimum lot size for a Country Inn using a private well and septic system shall be no less than ten acres. A Country Inn may be permitted on lots of less than ten acres if the tract is currently served by public water and sewer subject to the review and approval of the appropriate agencies, and the Staff Engineer; or if the tract will receive public services as part of a larger development project such as a planned development or village flexible development. (3) Expiration and Re-Approval of SUP (a) The Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of County Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (d) If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.9 Microbrewery with Minor Events129 (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. 129 Moved to the central Microbrewery use under the Manufacturing, Assembly, Processing, and Distribution Uses  – Food land use category in Section 5.14.2 of the revised UDO.  92 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-71 (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. 5.6.10 Microbrewery with Major Events130 (A) Standards for ASE-CZ or MPD-CZ Zoning Districts 130 Moved to the central Microbrewery use under the Manufacturing, Assembly, Processing, and Distribution Uses  – Food land use category in Section 5.14.2 of the revised UDO.  93 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-72 (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 94 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-73 5.6.11 Taxidermy (A) Use Standards (1) Allowed as more than 1 principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) Standards of Evaluation for Class B Special Use Permit (1) Enterprises located in an AR zoning district must be located on a bona fide farm. (2) If located adjacent to residentially zoned property, all buildings, structures, facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100 feet from the property line. 5.6.12 Winery with Minor Events (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. 95 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-74 (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. 5.6.13 Winery with Major Events (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage 96 Article 5: Uses Section 5.6: Standards for Commercial Service Uses Orange County, North Carolina – Unified Development Ordinance Page 5-75 areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.6.14 Country Store131 (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.6.155.6.12 Sexually Oriented Businesses (A) Submittal Requirements 131 Moved to the Retail Use category.  97 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-76 (1) In addition to the site plan submittal criteria detailed within Section 2.5 of this Ordinance the applicant shall submit proof a license has been issued allowing for the operation of a sexually oriented business in accordance with Chapter 8 of the Orange County Code of Ordinances. (B) Standards of Evaluation (1) Sexually oriented business(es) shall not be located in any building, or portion thereof, that is: (a) Within 1,000 feet of an existing sexually oriented business. (b) Within 1,000 feet of a: (i) Residential land use including any open space established as part of the residential subdivision approval process, (ii) Church and/or place of worship, (iii) School (public, private, or specialty), (iv) Public or private library, (v) State licensed child care facility, or (vi) Public park or recreational facility. (c) Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest portion of a building, structure, or open space area of a use listed above. SECTION 5.7: STANDARDS FOR RECREATIONAL USES 5.7.1 Recreational Uses as Accessory Uses (A) Residential Land Uses In addition to the requirements contained within this Ordinance, recreational uses developed as an accessory use to a residence shall abide by the following: (1) General Standards (a) Accessory recreational uses shall not be open to the public or serve as a recreation amenity for other lots. (b) Amenities, equipment, and/or facilities intended for spectators such as bleachers or public address systems shall not be permitted. (c) Outdoor sports field lighting, as detailed within Section 6.11, shall be prohibited. (2) Specific Standards (a) Motor Cross and Go-Kart Tracks (i) All tracks and/or paths shall be located a minimum of 100 feet from a property line. (ii) A track or path shall not cross over active septic fields. (iii) A Type B Land Use Buffer, as detailed in Section 6.8, shall be required around the portion of the property where the track is located. (B) Non-residential Land Uses In addition to the requirements contained within this Ordinance, recreational uses developed as an accessory use to a non-residential land use shall abide by the following: 98 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-77 (1) Uses shall not constitute Recreational Facilities. 5.7.2 Recreational Facilities (A) General Standards of Evaluation (1) The standards included herein shall be applied to recreational facilities as a principal use of property. (2) The minimum lot area shall be two acres. (3) Facilities may include such features as play and training areas, athletic field lights, public address systems, parking for patrons and staff, storage/office facilities, and restroom/locker facilities. (4) No building shall be closer than 20 feet from any right-of-way or property line or the minimum requirements of the district in which it is located. (5) Outdoor athletic fields shall comply with the provisions of Section 6.11 and shall be located a minimum of 50 feet from a property line. (6) All outdoor recreational facilities shall utilize a combination of screens, fences, nets, berms, or vegetation to keep equipment on the property. (B) Standards for Specific UsesUse Standards (1) Shooting Ranges (a) Shooting ranges, including skeet shooting activities, shall be designed or oriented to keep projectiles on the property. (b) Outdoor shooting ranges shall: (i) Be located a minimum of 300 feet from all property lines, street rights-of-way, or access easements; (ii) Be located a minimum of 1,000 feet from occupied dwelling units external to the property; and (iii) Direct all stationary target shooting activities into a projectile- proof backstop a minimum of 15 feet in height and 30 feet in depth. (iv) Operate only from 10:00 a.m. to 6:00 p.m. daily. (v) Maintain a Type F land use buffer, as detailed in Section 6.8, around the perimeter of the range. (c) Indoor shooting activities shall: (i) Be located a minimum of 50 feet from all property lines, street rights-of-way, or access easements; (ii) Be located a minimum of 500 feet from occupied dwelling units external to the property; and (iii) Direct shooting activities into a projectile proof backstop to keep the shot within the structure. (iv) Maintain a Type B land use buffer, as detailed in Section 6.8, around the perimeter of the property. (d) Nothing in Section 5.7.2 (B) shall be construed as regulating hunting activities or the operation of a shooting range developed for, and exclusively utilized by, local, State, and/or Federal law enforcement agencies. (e) Nothing in Section 5.7.2 (B) shall be construed as regulating or prohibiting: 99 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-78 (i) Hunting activities or the operation of a shooting range developed for, and exclusively utilized by, local, State, and/or Federal law enforcement agencies. (ii) The holding of turkey shoots or other similar activities conducted as a fundraiser or community event so long as such activities occur no more than three days in a given calendar year on a parcel of property. (iii) The incidental discharge of a firearm, the discharge of a firearm in self-defense, or engaging in target shooting activities on a parcel of property no more than 2 days in a given month. (2) Outdoor Paintball (a) Areas where outdoor paintball activities occur shall be a minimum of 50 feet from all property lines, street rights-of-way, or access easements. (b) A Type B land use buffer, as detailed in Section 6.8, shall be required around the perimeter of the portion of property where outdoor paintball activity occurs. (3) Pitch and Putt Courses (a) Pitch and putt areas shall be located a minimum of 40 feet from all property lines, street rights-of-way, or access easements. (b) A Type B land use buffer, as detailed in Section 6.8, shall be required around the perimeter of the portion of property where pitch and putt course activity occurs. (C) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) A description of the exact type facility planned, the amount of area, including and number of members or participants expected, a site plan showing siting and size of existing and proposed building. (b) Access, parking, service and recreation areas for all planned facilities or existing facilities. (c) Plans, and elevation for all proposed and existing structures and descriptions of the color and nature of all exterior materials. (d) A landscape plan showing, at the same scale as the site plan, existing and proposed trees, shrubs, ground cover and any other landscape materials. (e) A signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. The statement shall also include a complete list of all recreational activities that will take place on the site. (2) Standards of Evaluation (a) The property shall have direct frontage on, and obtain vehicular access from, a public road. (b) Lot size shall be adequate for the method of sewage disposal proposed, and for the proposed recreational uses. 100 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-79 (c) The site plan should show the boundaries of the site, the distances to the nearest residential structures, proposed or existing access points, parking and service areas, location of outdoor recreational facilities, and location of existing or proposed buildings. (d) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties, in addition to proposed or existing trees, shrubs and ground cover. (e) Elevations of all structures and buildings. The structure shall be of such a nature as to preserve the residential character of the area. (f) There are no adverse impacts on the adjacent roads or residential property. 5.7.3 Golf – Driving and Practice Range (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing the following: (i) All existing or proposed buildings, tee areas, lawn areas, (ii) Distances to nearest residential structures, (iii) Access road(s) to the site, with an indication of type of proposed surface; (iv) On-site parking and roads, with an indication of type of proposed surface; and (v) All other requirements as indicated in section 2.5. (2) Standards of Evaluation (a) Unless public sewer is proposed to be extended, the adequacy for the method of sewage disposal will be determined by the lot size and soil suitability. Appropriate letters from the Orange County Environmental Health Department, local jurisdictions and/or the State Division of Environmental Management shall be submitted to indicate preliminary approval. (b) The landscape plan shall show how the facilities will be screened from the adjacent properties. A Type D 50 foot buffer, as indicated in Section 6.8, shall be observed around the perimeter of the property. This buffer shall be located outside of the required dimensional area indicated in d. below. (c) The site plan, as required in Section 2.7, shall be reviewed by the Orange County Recreation and Parks Director. (d) The depth of a range along the driving axis shall be not less than 350 yards measured from the locations of the tees and the breadth not less than 200 yards at a distance of 350 yards from the tees. (e) Service to customers shall be halted at dusk. Lighting of the driving and practice range is not permitted. 101 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-88 (a) If contaminants are found that reasonably may be attributed to the construction, operation, and/or maintenance of the golf course, management plans shall be reviewed to assess the problem. Appropriate adjustments in the resource management and/or integrated pest management plans shall be made to prevent further contamination; and (b) If sampling and analysis indicate a trend toward increased concentrations of contaminants or if the U.S. Environmental Protection Agency health advisory limits (HAL) or State ground or surface water standards for thresholds are exceeded, then Orange County will notify the appropriate authorities. 5.7.5 Camp / Retreat Center (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan prepared in accordance with Section 2.5, also showing the following (existing or proposed): (i) Buildings, (ii) Campsites, (iii) Storage areas, (iv) Fencing and gates, (v) Outdoor recreation areas (vi) Access road(s) to the site, as well as on site roads, with an indication of type of proposed surface. (b) A description of the type of facility planned, the size, capacity, and use of proposed buildings; a signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. The statement shall also include a complete list of all recreational activities that will take place on the site. (c) A phasing plan, when necessary, indicating the area to be developed in each phase with time periods for construction of each phase. This may be indicated on the site plan. (2) Standards of Evaluation (a) Unless public sewer is proposed to be extended, the adequacy for the method of sewage disposal will be determined by the lot size and soil suitability. Appropriate letters from the Orange County Environmental Health Department, local jurisdictions and/or the State Division of Environmental Management shall be submitted to indicate preliminary approval. (b) The site plan shall show the distances to the nearest residential structures. (c) The landscape plan shall show how the facilities will be screened from the adjacent properties. A minimum 30 foot Type B buffer, as indicated in Section 6.8 shall be observed around the perimeter of the property. 102 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-89 (d) If private recreational facilities are proposed, the improvements must meet the site improvement requirements in Section 7.11 of this Ordinance. The site plan for recreational facilities shall be reviewed by the Orange County Recreation and Parks Director. (e) Off street parking requirements shall be provided in accordance with Section 6.9 of this Ordinance. 5.7.6 Race Track (Motorized, etc.) and Go-Kart Track Facilities (A) Submittal Requirements A formal site plan shall be submitted showing the current and proposed conditions of the property, including: (1) Existing impervious surface calculations, (2) Location of stormwater retention sites, (3) The location of all structures and their distance from all property lines, (4) The location of the septic field and repair areas, (5) The location of petroleum storage containers and re-fueling areas, (6) The location of all existing vegetation and buffer areas, (7) All parking areas including internal traffic circulation patterns for the property, and (8) All other required information outlined within Section 2.5 of this Ordinance. (B) Standards of Evaluation Prior to any land disturbing activity on the property, including the expansion of any existing uses, the property shall be brought into compliance with Section 6.15 of this Ordinance. (9)(1) A 50-foot wide landscaped buffer shall be installed along any portion(s) of property with public road frontage in accordance with the provisions of Section 6.8 of this Ordinance. In those instances where there are existing structures, raceways, or vehicular use areas already encroaching into the required landscaped area, the applicant shall condense the required plantings into the un- encroached landscaped area. The ultimate intent of this landscape area, for existing and new facilities, is to: (a) Provide noise attenuation, (b) Shield the direct view of the activities from surrounding residential uses, (c) Provide formal, defined, entries into the facility, and (d) Naturalize the perimeter. (10)(2) A 200-foot landscape and conservation buffer/easement shall be established along all other property perimeters. The entire forest canopy shall be actively maintained and managed at all height levels as a semi-opaque, intermittent visual buffer. Land use buffers may be modified to improve their appearance, functions and overall condition. Permitted modifications may include reforestation, woodland management, landscape enhancement, or stream buffer protection. (11)(3) Existing and proposed signage shall comply with Section 6.12 of this Ordinance. (12)(4) The facility owner shall demonstrate compliance with Section 6.9 of this Ordinance and, specifically, complete the following: (a) Properly define and delineate the parking and travel lanes on the property, and 103 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-90 (b) Define and delineate emergency vehicle access points and fire lanes on the property. (13)(5) The facility owner shall work with NCDOT to complete a traffic intersection analysis for access points along any state-maintained road or highway to determine need for access improvements such as left turn lanes or deceleration lanes. (14)(6) The facility owner shall work with NCDOT, the State Highway Patrol, and County officials to address traffic management issues to coordinate acceleration and deceleration lanes at approved entrance and exit points on the property during major events. (15)(7) The facility owner shall work with NCDOT and County officials to post proper signage on the property directing traffic through a one-way ingress and egress location. (16)(8) A litter collection and recycling system shall be developed throughout the grounds and at all points of egress. During events facility employees shall remove trash from the receptacles in a timely manner. (17)(9) All new facilities shall install noise abatement systems to ensure compliance with applicable County noise regulations. For existing facilities, the property owner/managers shall provide a noise abatement system to reduce sustained noise levels at the property lines to the lowest practical level. To accomplish this goal, the owners/managers have the option of employing, either singly or in combination, any of the following: (a) Requiring all competition vehicles to have functional noise mufflers attached at all times; (b) Installing a system of noise baffles, berms, or walls on the perimeter of the racetrack facility incorporated into the design and placement of any lighting system and viewing stands, and/or (c) Depressing the elevation of the raceway track surface, or (d) Some other innovative noise abatement system. (18)(10) Limits on racing activities shall be such that no race shall extend beyond 11:00 p.m. on Friday and Saturday nights, or beyond 9:00 p.m. on other evenings. Practice activities shall not commence before 10:00 a.m. on any day and shall cease by 9:00 p.m. (19)(11) All external lighting fixtures shall comply with Orange County lighting standards (Section 6.11). (20)(12) No storage of hazardous materials shall be permitted, except for racing fuel and lubricants. Such material storage areas shall be enclosed and posted and the Orange County Fire Marshal shall approve a pollution incident prevention plan for the storage facility prior to final occupancy permits. (21)(13) If additional or accessory land uses are desired, the facility owner shall cause a new site plan to be created outlining the location and nature of the proposed new land use, demonstrating compliance with this Ordinance. (22)(14) The County shall approve a construction schedule to complete the items listed above. 5.7.7 Guest Ranch (A) Standards of Evaluation for ASE-CZ Zoning District (1) Minimum lot size: 25 acres. (2) Application materials shall include a comprehensive groundwater study, for 104 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-91 facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (3) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (4) All structures, facilities, storage areas, and parking areas shall be located a minimum of 100 feet from all property lines. (5) Special events are not allowed unless approved in the permit and may be limited in duration, frequency, number of people in attendance, or other aspects. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. SECTION 5.8: STANDARDS FOR CHILDCARE & EDUCATIONAL FACILITIES 5.8.1 Daycare Center in a Residence (A) Use Standards (1) No more than 12 clients, at any given time, can be served by the facility.132 (A)(B) Submittal Requirements (1) In addition to the information required by Section 2.4.3, the plot plan shall show the following: (a) The location of the residence in which the Daycare Center in a Residence is to be located in relation to existing property lines and adjacent homes; (b) The location, number, and means of access to required off street parking areas; (c) The location and type of required landscaping and/or screening; and 132 Staff is adding language, currently contained with the table of permitted uses and definition, outlining the  number of clients that can be served by the facility.  Further we are eliminating references to ‘children’ as the use  is being modified to serve adolescents and adults.  105 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-92 (d) A fenced, outdoor play/exercise spacearea.133 (2) A floor plan of the proposed child care facility, showing the use and dimensions of each room and the location of entrances and exits. (3) Where a State license is required to operate the facility, evidence that the minimum requirements to qualify for a state Center in a Residence for 3 to 12 Children license have been satisfiedfor said license have been, or will be, met shall be submitted. (B)(C) Standards of Evaluation (1) The Daycare Center in a Residence is to be located in an area, which is free from conditions dangerous to the physical and moral welfare of the children.134 (2) The minimum requirements to qualify for a State of North Carolina child care license are satisfied.135 (3)(1) There is direct frontage and access on a public state maintained road. (4)(2) Adequate access to and from the site, as well as adequate space off the road right-of-way, is provided for the safe pickup and discharge of children clients and is provided in such a manner that traffic generated by the Daycare Center in a Residenceuse is not disruptive to adjacent residentially developed properties. (5)(3) The plot plan shall show how the facilities will be screened from adjacent properties. A Type B 30-foot buffer shall be provided around the Daycare Center in a Residenceuse and play/exercise area in accordance with Section 6.8.6. These buffers will effectively screen the view of any outdoor play area, and reduce noise associated with the child careoperation. (6)(4) Each Daycare Center in a Residence is required to provide at leasta minimum of 75 square feet of outdoor play space for every childclient in care. This space may not be located in a required buffer or in an area, which is used or reserved for use as a sewage disposal nitrification field. (7)(5) Fencing is to be provided around the outdoor space, which ensures the protection of the children clients receiving child care and protects adjacent residentially developed properties from trespass. (8)(6) All gates shall be self-closing and self-latching. (D) Additional Standards of Evaluation – Care of Children and Adolescents (1) The Center in a Residence is to be located in an area, which is free from conditions dangerous to the physical and moral welfare of the children.136 5.8.2 Child Care Facilities (A) Use Standards (1) Standards in Commercial and Industrial Districts (a) At least 100 square feet of outdoor play space per child client shall be provided. (b) Outdoor play/exercise space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking area or land unsuited by other usage or natural features for children's play space. All required 133 Again, staff is adding clarifying language about the outdoor area.  134 Language has been moved to a new sub‐section dealing with specific standards of evaluation for the care of  children and adolescents.  135 Same as above.  136 Existing regulations moved from previous section.  106 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-93 fences shall comply with the regulations of this Ordinance. The minimum height in any case shall be three feet. (c) The minimum lot area for the first eight children clients shall be 10,000 square feet. The minimum additional area for multiples of eight children clients shall be 2,000 square feet. (B) Standards for of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) Where a State license is required to operate the facility, Eevidence that the minimum requirements to qualify for a State of North Carolina child care facility license have been satisfiedsaid license have been, or will be, met shall be submitted. (b) A floor plan of the proposed child care facility, showing the use and dimensions of each room and the location of entrances and exits. (2) Standards of Evaluation (a) Facilities involving the care of children and adolescents shall The child care facility is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children. 137 (b) Where a State license is required to operate the facility, the applicant shall demonstrate Tthe minimum requirements to qualify for a State of North Carolina child care facility licensesaid license are satisfied. (c) There is direct frontage and access on a public State-maintained road. (d) Adequate access to and from the site as well as adequate space off the road right of way, is provided for the safe pick up and discharge of children clients and is provided in such a manner that traffic generated by the child care facility is not disruptive to adjacent residentially developed properties. (e) All child pickclient pick up and drop offs shall be on site, with proper vehicle stacking area equivalent to three cars. (f) The site plan shall show how the facilities will be screened from adjacent properties. A Type-B, 30-foot buffer shall be provided around child care buildingthe facility and play outdoor area in accordance with Section 6.8.6. These buffers will effectively screen the view of any outdoor play area, and reduce noise associated with the child carefacility. (g) Each child carefacility is required to provide at leasta minimum of 75 square feet of outdoor play space for every child client in care. This space may not be located in a required buffer or in an area, which is used or reserved for use as a sewage disposal nitrification field. (h) Fencing and/or screening is to be provided which ensures the protection of the children clients receiving child care and protects adjacent residentially developed properties from trespass. (i) All gates shall be self-closing and self-latching. 137 All standards geared towards uses involving the care of children and/or adolescents are being moved to a new  section herein.  107 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-94 (j) Each child care facility approved by the Board of Adjustment shall be reviewed annually by the Planning Director to ensure compliance with the standards of evaluation for such facilities and any conditions attached to the application by the Board of Adjustment. Any change in the operation of the facility, which deviates from the original standards and conditions will constitute a modification and will require the approval of the Board of Adjustment. In determining whether a change in the operation of the facility has occurred, the Planning Director shall be guided by the procedures and criteria contained in Sections 2.7.1 and 5.8.2(B)(2). 5.8.3 Non-Profit Educational CooperativeSchools: Universities, Colleges, and Institutes 138 General Standards:Standards for Class A Special Use Permit Where identified within the Section 5.2, use shall be permitted with the issuance of a Class A Special Use Permit in accordance with the provisions of this Ordinance. (A) Submittal Requirements and Standards of Evaluation for Class A Special Use Permit or CC-3, GC-4, OR/M, EDB-2, EDE-2, EHDH-4, EDH-5, and MPD-CZ Zoning Districts (1) Submittal Requirements In addition to the information required by either Section(s) 2.5 and/or 2.7, the following shall be submitted as part of the application: (a) The site plan, in addition to other requirements detailed within this Ordinance shall prepared in accordance with Section 2.5, also showing denote the following: (i) Location, width and type of all internal vehicular and pedestrian circulation. (ii) Location and dimensions of all on site signage. (iii) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings therein, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients students and staff expected to use the facility. (iv) Proposed hours and days of operation. (c) Building plans for all existing or proposed structures to include floor plans, elevations and sections showing proposed use. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and any other landscape materials. (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. 138 Staff is recommending existing regulations for the Non‐profit Educational Cooperative, which is recommended  for deletion, be utilized to establish standards for the identified land use.  108 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-95 (g) Copy of the organization By Laws and/or Articles of Incorporation. (h)(g) A detailed description of the organization, its staff, membership, affiliations and activities. (2) Standards of Evaluation (a) The site plan submitted meets all requirements specified in applicable Subsections 2.5, 2.7.3 and 5.8.3(A)(1). (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) The site has frontage and access on to a paved State maintained road. The developer must show that the existing facilities have the capacity to handle the additional traffic generated by the use or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs. (d) Internal vehicular and pedestrian circulation is designed to encourage smooth traffic flow and reduce hazards. (e) All access roads and employee/visitor parking areas shall be paved. (f) Development of the site as proposed would have no adverse impact beyond the building, except for appropriate parking facilities. (g) The floor area of a building or group of buildings housing a Non- Profit Educational Cooperative shall not exceed the maximum floor area ratio as permitted in Article 3 of this Ordinance. (h) All buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located. (i) The applicant must demonstrate its compliance with the definition of "Non-Profit Educational Cooperative" as contained in Article 10 of this Ordinance. 5.8.4 Schools: Elementary, Middle and SecondaryPreparatory (A) Submittal Requirements andStandards forof Evaluation for Class A Special Use Permit and MPD-CZ (1) Submittal Requirements In addition to the information required in by either Section(s) 2.5, 2.7.3 and/or 5.3.2, the following information shall be submitted as part of the application: (a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of this Ordinance and with the following additional information shown on the plan: (i) Total student capacity of school as designed; (ii) Total number of employees at time of greatest shift; (iii) Number and dimensions of designated parking spaces for school buses; (iv) Number of designated parking spaces for employees; (v) Number of visitor parking spaces; (vi) Number of student parking spaces; (vii) Location of student drop off points with stacking spaces identified; 109 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-99 (i) All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. Maintenance specifications, if any, for on-going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan as defined in Definitions (Article 10). (m) Additional Standards (i) For non-charter public schools, the minimum lot size shall be, as required by the School Construction Standards adopted from time to time by the Board of County Commissioners, the Orange County Board of Education and the Chapel Hill-Carrboro Board of Education. (ii) For all schools, the lot size shall be adequate to accommodate all activities. The proposed methods to handle the maximum number of participants and patrons for any single event shall be provided while also adhering to safe vehicular and pedestrian circulation. (iii) Negative visual impacts shall be minimized along any major roadway. Negative visual impacts include, but are not limited to, loading/unloading areas, delivery areas, air handling units (roof top and other), parking areas for machinery, and storage buildings. Appropriate screening methods shall be used to enhance the aesthetic value of a project. (iv) Transportation improvements as deemed necessary by the Traffic Impact Study. (v) The site shall be designed to take advantage of multiple shared use opportunities, which may include a Park and Ride facility for public transportation. (vi) Site Access a. There shall be a minimum of two access points to the site. b. Access points shall separate student drop-off areas and visitor parking from bus traffic. c. If school buses are used, then at least one access shall be limited to school employee and bus use during normal school hours. d. All access points shall be located to provide maximum visibility and safety. e. No driveway shall be permitted in a location that will hinder or congest traffic movement on a public street. 5.8.5 Schools: Technical, Trade, and Skill Training (A) Use Standards (1) Standards for the LC-1, NC-2, CC-3, EC-5, EDH-4, and EDH-5 Zoning Districts (a) Structures shall not exceed 16,000 sq.ft. of floor area. (b) Schools shall involve only activities associated with Continuing Education, Performing/Fine Arts, Sports and Recreation, and Trade schools as defined herein. Formatte Formatte Tab stops: 110 Article 5: Uses Section 5.9: Standards for Utilities Orange County, North Carolina – Unified Development Ordinance Page 5-100 (2) Standards for the GC-4, I2, I-3, EDB-2, and EDE-2 Zoning Districts (a) Schools shall involve only activities associated with Continuing Education, Performing/Fine Arts, Sports and Recreation, and Trade schools as defined herein. (3) Standards for the OR/M or MPD-CZ Zoning Districts (a) All School: Technical, Trade, and Skill Training land uses, as defined herein, shall be permitted. (4) Applications proposing flight training schools shall submit documentation identifying where actual flying activities are intended to occur. No on-site flying activities, other than the use of simulators, shall be permitted. (4)(5) Applications proposing a Community College shall require prior approval, and budgetary allocation of funds by, the Orange County Board of County Commissioners before being submitted for processing if County funding is required. (B) Standards of Evaluation (1) All outdoor activity areas shall be buffered by a Type B land use buffer around its perimeter in accordance with Section 6.8.6 of this Ordinance. SECTION 5.9: STANDARDS FOR UTILITIES 5.9.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations (A) General StandardsStandards of Evaluation (1) The design of structures shall conform as closely as possible to the character of the area in which it is located. (2) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. (3) All buildings and structures shall be landscaped and screened according to the standards that follow: (a) Buildings and structures which resemble residential accessory structures must be landscaped and maintained in the character of a residential area. (b) Any outside storage areas must be fenced with a minimum five foot fence and the area screened from adjacent property according to the standards in this section. (c) Lighting in and around these facilities shall be constructed and shielded so as not to shine directly on adjoining property used for or zoned for residential purposes. Electrical and telephone service to the structure shall be placed underground. Types of lighting to be considered shall include, but not be limited to, indoor lights when visible through windows, outdoor lighting, automobile headlights and signs. Devices to shield lighting may include shades, fences, shrubs, trees and natural conditions. (d) Parking areas and driveways used in connection with facilities constructed pursuant to this Section shall either be surfaced or shall be located and maintained in a condition so that dust and dirt will not settle on adjoining properties as a result of their use. Driveway entrances shall be located in a manner that will create as few additional traffic hazards as possible. Formatte Formatte Formatte 111 Article 5: Uses Section 5.11: Standards for Waste Management Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-131 SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES 5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose of Disposal of Household Waste by Orange County Residents (A) General StandardsStandards of Evaluation (1) The site shall consist of a parcel, or easement across a parcel, (whether owned or leased by the public agency) which has been recorded by the Orange County Register of Deeds. (2) The parcel or easement across the parcel, (whether owned or leased by the public agency) on which the facility is located shall contain a minimum area of 40,000 square feet. (3) The parcel or easement shall have frontage on a State maintained road. (4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of the parcel or easement. (5) Fencing at least six feet in height shall be provided between the landscape buffer and the improved portion of the parcel or easement. (6) An entrance sign shall identify site as a sanitation collection site, and shall identify the responsible public agency. The sign shall contain a maximum of nine square feet and shall not exceed eight feet in height. Instructional signs may be erected as needed within the facility. (7) The entrance to the site shall contain a travelway a minimum of 30' in width. 5.11.2 Landfills (A) Submittal Requirements and Standards of Evaluation for Class A and Class B Special Use Permits (1) Submittal Requirements In addition to the basic information required by Section 2.7 the following information shall be submitted as part of the application: (a) Typical cross sections showing extent of overburden, extent of fill and water table elevation, based on mean sea level datum; (b) Proposed handling and storage areas for overburden, by products and fill materials; (c) Proposed fencing, screening and gates, parking, service and other areas; (d) Any areas proposed for ponding; and (e) Access roads to the site, as well as on site roads, with indication of surface treatment to limit dust, and sight distances on all roads used for access to the site. (f) An Operations Plan which shall include: (i) The date of commencement of operations and their expected duration. (ii) Proposed hours and days of operation. (iii) Complete description of operation, including source of materials, method of compaction, type of sealing proposed, types and number of equipment to be used. (iv) Any phasing of operations and relationship among phases. 112 Article 5: Uses Section 5.12: Standards for Extractive Uses Orange County, North Carolina – Unified Development Ordinance Page 5-134 (h) The site plan has buffer from streams. SECTION 5.12: STANDARDS FOR EXTRACTIVE USES 5.12.1 Borrow Pits for Federal and State Highway Projects (A) Use Standards (1) Permitted by right in all districts in accordance with the provisions of Section 5.1.1 of this Ordinance (A)(B) General Standards of Evaluation (1) The borrow pit is located within one-half mile of the construction site; (2) An Erosion Control Plan has been approved by the Department of Environment, Health and Natural Resources; (3) The material extracted is to be used solely for a State or Federal road construction project; and (4) Road construction plans include provision for reclaiming the excavated area. If the reclamation plan involves filling the excavated area, the fill material must be inert material defined as beneficial fill by the Solid Waste Branch of the Department of Environment and Natural Resources, provided that the debris is also associated with a State or Federal Highway road construction project. Inclusion of reusable or recyclable materials in the reclamation or filling of the borrow pit should be minimized. A proposed debris recycling program or a statement as to why material will not be recycled must be submitted for review by Orange County. 5.12.2 Extraction of Earth Products (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (2) Processing of materials on-site, beyond incidental mechanical consolidation or sorting to facilitate transportation off-site for further processing, is prohibited. 139 (B) Submittal Requirements and Standards of Evaluation for Class A Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) 26 copies of the site plan, prepared by an appropriately licensed professional, which shall contain the following: (i) Extent of area to be excavated or mined. (ii) Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property flown within two months of the application for a Special Use Permit. (iii) Existing topography at a contour interval of two feet based on mean sea level datum. 139 This is an existing prohibition contained within the definition of Extraction of Earth Products within Article 10 of  the UDO.  Staff is including language herein to specifically denote the prohibition.  113 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-138 (p) The Board of County Commissioners shall require for all extractive uses a performance guarantee to insure that the provisions of the Rehabilitation Plan are met. Such performance guarantee shall be in a form approved by the County Attorney. The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State. If the rehabilitation cost exceeds the amounts required by the State then the difference shall be made up in a bond to Orange County. SECTION 5.13: STANDARDS FOR AGRICULTURAL USES 5.13.1 Agricultural Processing Facility (A) Use Standards (1) Shall not be permitted: (a) As a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 140 (b) Within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. 141 (A)(B) General Standards for of Evaluation (1) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (3) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 140 As previously indicated the County’s Attorney office has advised symbols should only be utilized to denote  review/approval processes for land uses.  Regulatory allowances/prohibitions, such as the aforementioned  language, is being moved into the individual land use standards contained in Article 5.  141 This is existing language from Section 5.2.3 Table of Permitted Uses – Conditional Zoning Districts incorporated  herein consistent with advice from the County’s Attorney office to limit the use of symbols within the proposed  revision.  114 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-139 5.13.2 Agricultural Processing Facility, Community (A) Use Standards (1) Allowed as more than 1 principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance.142 (A)(B) General Standards for of Evaluation (1) If located in an AR or RB zoning district, facility shall be located on the bona fide farm of one of the cooperative farm partners or must be permitted as an ASE-CZ. (2) The building shall not exceed 10,000 square feet in size. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (4) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (5) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.3 Cold Storage Facility (A) General Standards for of Evaluation (1) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (2) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. 5.13.4 Community Farmers’ Market (A) Use Standards (1) Allowed as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) General Standards for of Evaluation 142   115 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-140 (1) The minimum lot size shall be 3 acres unless permitted as an ASE-CZ. (2) If located adjacent to residentially zoned property, all buildings and vendor areas shall be located a minimum of 100 feet from the property line. 5.13.5 Composting Operation (A) Use Standards (1) Grinding of materials shall only be permitted within the AS and ASE-CZ zoning districts. (2) Composting operations including grinding operations shall not be permitted: (a) As a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 143 (a)(b) Within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. 144 (B) General Standards for of Evaluation for Class A Special Use Permit or ASE-CZ Zoning District (1) The minimum lot size shall be 10 acres unless permitted as an ASE-CZ. (2) All operations shall be located a minimum of 150 feet from all property lines. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (4) Outdoor storage areas shall be screened from view of adjacent properties and the road right-of-way. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) Compost piles shall not exceed 15 feet in height. (7) Operations that include grinding shall adhere to the following: (a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or as otherwise specified on the permit. (b) Grinding area shall be located a minimum of 1,000 feet from any existing dwelling unit located on adjacent properties. (c) Grinding area shall be located a minimum of 300 feet from all property lines. (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: 143 Again, the proposed amendment is designed to include existing prohibitions currently denoted using symbols.  144 As previously indicated this is existing language from Section 5.2.3 Table of Permitted Uses – Conditional Zoning  Districts incorporated herein consistent with advice from the County’s Attorney office.  116 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-141 (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.6 Cooperative Farm Stand (A) Use Standards (1) Shall be permitted as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) General Standards for of Evaluation (1) In addition to the application materials required in Sections 2.5.2 and 2.4.3, the following shall also be required: (a) The number and location of participating cooperative farm partners. (b) A description of the facility, including size of structure(s) and access locations. (c) Number of employees, if any. (d) Frequency and hours of operation. (2) Sales of any products not produced on the farm(s) of one of the cooperative farm partners shall be incidental, related to, and a subordinate component of farm stand sales in scale and profit. 5.13.7 Equestrian Center (A) Standards of Evaluation for Class A Special Use Permit or ASE-CZ Zoning District (1) Minimum lot size: 15 acres. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and horse trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any 117 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-142 existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.8 Farm Equipment Rental, Sales and Service (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (A)(B) General Standards for of Evaluation (1) Outdoor display and storage of equipment shall be permitted in the side and rear yards of the primary structure and shall be screened from view of adjacent properties. (2) Service bays shall be located at the side or rear of a structure and shall not be visible from adjacent residential property or the road right-of-way. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (4) Parking shall not be located in the front yard space. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.9 Farm Supply Store (A) General Standards for of Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking 118 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-143 spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.10 Feed Mill (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (A)(B) General Standards for of Evaluation (1) The minimum lot size shall be 3 acres, unless permitted as an ASE-CZ. (2) All structures, equipment, and outdoor storage areas shall be located a minimum of 100 feet from all property lines. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (4) Outdoor storage shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: 119 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-144 (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.11 Greenhouses with On Premise Sales (A) Use Standards (1) Shall be permitted as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) General Standards for of Evaluation (1) If located in an AR zoning district, the minimum lot size shall be 3 acres, unless permitted as an ASE-CZ. (2) If located in an AR zoning district, outdoor storage shall be located in the side or rear yards and shall be setback a minimum of 100 feet from the property line. 5.13.12 Meat Processing Facility, Community (A) Use Standards (1) Shall be permitted as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) General Standards for of Evaluation (1) The building shall not exceed 10,000 square feet in size. (2) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 100 feet from the property line. (3) Outdoor storage of products shall be permitted in to the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) In addition to the application materials required in Section 2.5 or 2.9, as applicable, the following shall also be required: (a) The number of location of participating cooperative farm partners. (b) Number of employees, if any. (c) Frequency and hours of operation. (d) A comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the 120 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-145 parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.13 Meat Processing Facility, Regional (A) Use Standards (1) Use shall not be: (a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance; or (b) Permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. (A)(B) Standards for of Evaluation for Class A Special Use Permit or ASE-CZ Zoning District (1) The minimum lot size shall be 15 acres. (2) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 300 feet from the property line. (3) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) In addition to the information required by Sections 2.7 or 2.9, as applicable, application materials shall also include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 121 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-146 5.13.14 Non-Farm Use of Farm Equipment (A) Use Standards (1) Shall be permitted as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (A)(B) General Standards for of Evaluation (1) Equipment shall be screened from view from adjacent properties and road(s). (2) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both area and duration. (3) On-site retail sales shall not be permitted. 5.13.15 Stables, Commercial (A) Use Standards (1) Use shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (A)(B) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts145 (1) Submittal Requirements – In addition to the information required by Sections 2.7 or 2.9, as applicable, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all barns, boarding facilities, exercise yards, riding arenas, and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (c) A comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the 145 In a future text amendment, staff will be recommending breaking out ‘submittal requirements’ and ‘standards  of evaluation’ into separate subsections to avoid confusion.  As part of this amendment package staff is adding  additional wording to ensure consistency within the UDO.  122 Article 5: Uses Section 5.13: Standards for Agricultural Uses Orange County, North Carolina – Unified Development Ordinance Page 5-147 proposed use. (2) Standards of Evaluation – (a) Minimum lot size: 5 acres for up to 10 horses, increasing by ½ acre for each horse over 10. (b) No part of any building, structure, exercise yard, or riding arena, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the facility. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (c) The site plan shows parking, access areas and screening devices for buildings, riding arenas, and boarding facilities. (d) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with dimensional requirements as set forth within this Ordinance. 5.13.16 Stockyards / Livestock Markets (A) Use Standards (1) Use shall not be: (a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance; or (b) Permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. (A)(B) General Standards for of Evaluation (1) The minimum lot size shall be 10 acres. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and stock trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) If located adjacent to residentially zoned property, all animal pens shall be located a minimum of 300 feet from the property line. 123 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-148 (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. SECTION 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY, & PROCESSING, AND DISTRIBUTION USES - FOOD 5.14.1 Metal Fabrication Shop (A) Standards for ASE-CZ Zoning District (1) Facility must be located on a bona fide farm. (2) Minimum lot size: 3 acres. (3) Maximum building size: 3,000 square feet. (4) If located adjacent to residentially zoned property, all buildings and operations must be located a minimum of 200 feet from the property line. 5.14.2 Microbrewery, production only (A) Use Standards (1) Microbrewery production only and Microbrewery with Minor Events land uses, as defined within this Ordinance, shall be permitted as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (2) Specific Standards for RB and AR Zoning Districts (a) Only Microbrewery, production only shall be permitted for development. (3) Microbrewery with Major Events, as defined within this Ordinance, shall: (a) Only be permitted within the ASE-CZ and MPD-CZ Zoning Districts. (b) Shall not be permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. (B) Submittal Requirements (1) Applications for a Microbrewery, production only; Microbrewery with Minor Events; and Microbrewery with Major Events land uses, as defined within this Ordinance, shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single 124 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-149 family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use.146 (2) Additional Submittal Requirements for Microbrewery with Minor Events and Microbrewery with Major Events147 (d)(a) In addition to the requirements in Sections 2.7 and/or 2.9, as applicable, the following information shall be submitted with the application materials: (i) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (ii) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (iii) A map depicting surrounding uses and the distance to residential structures. (iv) A description of retail sales and facility tours, if proposed. (B)(C) Standards for of Evaluation for Microbrewery, production only Class B Special Use Permit or OR/M, I-1, I-2, I-3, ASE-CZ, and MPD-CZ Zoning Districts (1) If located in an AR or RB zoning district, the microbrewery must be located on a bona fide farm. (a) A microbrewery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on-site is considered a bona fide farming use and is not subject to zoning regulations. (b) A microbrewery, production only, that does not utilize primarily crops produced on-site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. 146 Existing regulations governing the evaluation of a Microbrewery (production only, with minor events, with  major events) all require the submitted of a groundwater study. This language is repeated in 3 separate sections of  the UDO and is now unnecessarily redundant as we are combining all 3 activities within the Manufacturing,  Assembly, Processing, and Distribution Uses – Food land use category.  Staff is recommending the existing  condition be placed under a central submittal requirement where we can indicate all activities have to abide by the  requirement rather than list the same standard 3 separate times.  147 Submittal requirements for a Microbrewery with Minor Events and Microbrewery with Major Events are  identical.  Staff is combining both into a central section to eliminate unnecessary duplication.  125 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-150 (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: 148 (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (a) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (D) Standards of Evaluation for Microbrewery with Minor Events Class B Special Use Permit or ASE-CZ and MPD-CZ149 (2)(1) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. (C)(E) Standards of Evaluation for a Microbrewery with Major Events for ASE-CZ or MPD- CZ Zoning Districts150 (2)(1) Site shall have direct access to a major road, as classified in the Orange County 148 Language moved to Section 5.14.2 (A) (3) above.  149 Moved from Section 5.6.8 of the UDO and renumbered.  Standards have not been modified.  150 As previously indicated submittal standards for a Microbrewery with Minor and Major events are identical.   Staff has combined and moved them to Section 5.14.2 (B) of this Ordinance.  Evaluation standards have been  moved and renumbered accordingly.  126 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-151 Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) The permit may limit the frequency of events. (9)(8) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.14.3 Sawmills (A) Use Standards (1) Use shall not be: (a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance; or (b) Permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. (A)(B) General Standards for of Evaluation 151 and ASE-CZ Zoning District (1) Minimum lot size: 5 acres. (2) All structures, equipment, and storage shall be located a minimum of 100 feet from the property line. (3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m. (4) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. 5.14.4 Winery, production only (A) Use Standards (1) Winery production only and Winery with Minor Events, as defined within this Ordinance, shall be permitted as more than 1 principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (2) Specific Standards for RB and AR Zoning Districts. (a) Only Winery, production only shall be permitted for development. (3) Winery with Major Events, as defined within this Ordinance, shall: 151 A Sawmill is permitted within the AS and ASE‐CZ districts subject to the aforementioned standards.  To ensure  clarity on applicable development standards, staff is recommending modification of existing language signifying  the standards are applicable in all districts.  127 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-152 (a) Only be permitted within the ASE-CZ and MPD-CZ Zoning Districts. (b) Shall not be permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zoning District application. (B) Submittal Requirements (1) Applications for a Winery, production only; Winery with Minor Events; and Winery with Major Events as defined within this Ordinance shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: 152 (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Additional Submittal Requirements for Winery with Minor Events and Winery with Major Events 153 (a) In addition to the requirements in Sections 2.7 and/or 2.9, as applicable, the following information shall be submitted with the application materials: (i) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (ii) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (iii) A map depicting surrounding uses and the distance to residential structures. (iv) A description of retail sales and facility tours, if proposed. (B)(C) Standards for of Evaluation for a Winery, production only Class B Special Use Permit or ASE-CZ Zoning District (1) If located in an AR or RB zoning district, the winery must be located on a bona fide farm. 152 As with Microbrewery uses, Winery uses (production only, with minor events, with major events) all require the  submitted of a groundwater study. Staff is recommending the existing condition be placed under  a general  submittal standard where we can indicate all activities have to abide by the requirement rather than list the same  standard 3 separate times.  153 As with a Microbrewery with Minor and Major Events, application submittal requirements for a Winery with  Minor and Major events are identical.  Staff is combining both into a central section to eliminate unnecessary  duplication.  128 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-153 (a) A winery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on-site is considered a bona fide farming use and is not subject to zoning regulations. (b) A winery, production only, that does not utilize primarily crops produced on-site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (D) Standards of Evaluation for a Winery with Minor Events Class B Special Use Permit or ASE-CZ and MPD-CZ Zoning Districts (2)(1) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities.154 154 Existing standards moved from Section 5.6.11 of the UDO and renumbered accordingly.  129 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food Orange County, North Carolina – Unified Development Ordinance Page 5-154 (E) Standards of Evaluation for a Winery with Major Events ASE-CZ and MPD-CZ Zoning Districts (2)(1) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) The permit may limit the frequency of events. (9)(8) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 155 5.14.5 Industrial, Light (A) Standards for the O/RM Zoning District (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Industrial, Light and adhere to the standards of Section 5.14.5(A)(2): (a) Banks & Financial Institutions (b) Beauty & Barber Shops (c) Laundry & Dry Cleaning Services (d) Nightclubs, Bars, Pubs (e) Restaurants: Carry Out (f) Restaurants: General (g) Retail, Class 1 (h) Printing & Lithography (2) Multiple Uses, identified in Section 5.14.5(A)(1), are permitted in the O/RM zoning district only in accordance with the following standards: (a) The site plan must identify the square footage of each structure by type of use. (b) The Principal Use type of Industrial, Light must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. 155 Existing standards moved from Section 5.6.12 of the UDO and renumbered accordingly.  130 Article 5: Uses Section 5.15: Standards for Automotive/Transportation Related Uses Orange County, North Carolina – Unified Development Ordinance Page 5-155 SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED USES 5.15.1 Airports, General Aviation, Heliports, STOL 156 (A) Submittal Requirements and Standards of Evaluation for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in section 2.7, the following shall be submitted as part of the application: (a) A configuration diagram depicting the layout of runways, taxiways, approach zones and overrun areas. These diagrams should also be on aerial photographs that show the area within five miles of the proposed site. (b) Isotonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. (c) The number and type of aircraft proposed to be stored including also the storage areas for aircraft, fuel and motor vehicles, service areas for aircraft. (d) How on site fire and rescue services shall be provided and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility. (e) List land uses within the final approach zones of the airport. (f) Certification that all Federal Aviation Administration (FAA) and State standards and requirements have been met. (2) Standards of Evaluation (a) All F.A.A. and State regulations are met as a condition of approval. (b) The site and its operation will not adversely affect existing adjacent land uses. (c) Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant. (d) Adequate land area is provided for all of the proposed uses, buildings and storage areas. (e) Screening of buildings, storage and maintenance areas is provided from adjacent residential land. (f) Letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level. (g) Access shall be directly onto a State maintained road. (h) Compatible land uses are located in the final approach areas of the airport. 5.15.2 Bus Terminal and Garage (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 156 Existing standards moved from Section 5.17.5 of the UDO and renumbered accordingly.  131 Article 5: Uses Section 5.15: Standards for Automotive/Transportation Related Uses Orange County, North Carolina – Unified Development Ordinance Page 5-156 5.15.3 Motor Freight Terminal (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 5.15.4 Motor Vehicle Maintenance (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 5.15.5 Motor Vehicle Repair (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. 5.15.15.15.6 Motor Vehicle Sales / Rental (New & Used) (A) Use Standards157 (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (2) Within the NC-2, EC-5, and E-I Zoning Districts the display of vehicles outdoors shall be limited to 32 vehicles per acre of property. (3) Within the GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-2, the display of vehicles outdoors shall be limited to 45 vehicles per acre of property. (A)(B) Submittal Requirements (1) In addition to the information required by Section 2.5, the site plan shall show the area for the display of vehicles for sale or rental. (B)(C) General Standards of Evaluation (1) Property shall have frontage and direct access onto a State maintained roadway. (2) Areas of the property designated for the display of vehicles for sale or rent shall be improved with an all-weather surface (i.e. concrete, asphalt, gravel) and shall not be used for any other purpose. (3) Additional vehicles, other than those offered for sale, rent or staff/customer designated parking as required under Section 6.9 of this Ordinance, can be stored on-site and shall be screened from view from adjacent properties and public rights-of-way. Such vehicles shall not be included in the display limit calculation. (C) Standards for the NC-2, EC-5, and E-I Zoning Districts158 (1) The display of vehicles outdoors shall be limited to 32 vehicles per acre of property. (D) Standards for GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-2 157 There are existing regulations governing the number of vehicles that can be displayed in the various zoning  districts land use is permitted.  To ensure consistency and uniformity with proposed revisions to Article 5, staff is  moving this existing language to the new ‘Use Standards’ section.  158 Subsections (C) and (D) have been relocated, as currently written, to Subsection (A) as detailed herein.  132 Article 5: Uses Section 5.16: Standards for Medical Uses Orange County, North Carolina – Unified Development Ordinance Page 5-157 The display of vehicles outdoors shall be limited to 45 vehicles per acre of property. 5.15.7 Motor Vehicle Service (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. (2) Within the LC-1, NC-2, and EC-5 Zoning Districts structures shall be limited to 10,000 sq.ft. of building area. SECTION 5.16: STANDARDS FOR MEDICAL USES 5.16.1 Hospital (A) Use Standards (1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance 5.16.2 Medical Uses (A) Use Standards (1) Medical Uses developed within the LC-1, NC-2, CC-3, OR/M, EDH-1, EDH-2, and EDH-3 Zoning Districts shall be limited to no more than 10,000 sq.ft. of building area.159 (2) Medical Uses over 10,000 sq.ft. of building area shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of the Ordinance. 5.16.15.16.3 Veterinary Clinic (A) Standards for of evaluation for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District (1) In the AR and ASE-CZ zoning districts, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. 5.16.2 Veterinary Clinic, mobile160 (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District (1) In the AR, R-1, and ASE-CZ zoning districts, this use is intended to be located on the same property as the operator’s residence. The mobile clinic shall be parked to the side or rear of the residence, not in front of the residence, unless permitted otherwise in the permit. (2) For all zoning districts in which this use is permitted, observation shelters for up to three large or small animals shall be considered an accessory use. The permit 159 Existing regulations establish daily travel trip limits for a medical land use in the LC‐1 and NC‐2 zoning district.   Rather than rely on daily traffic trips, staff is recommending a comparable square footage limit on the building  housing the land use.  160 This land use is being recommended for elimination.  If someone wants to develop a mobile vet clinic operation,  such a use is best handled through the Home Occupation Permitting process as detailed within Section 5.5.3 of this  Ordinance.  133 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-158 may specify a greater number of observation shelters and may limit the maximum number of days an individual animal may be observed. (3) If adjacent to residentially zoned property, all mobile clinic operations shall be located a minimum of 100 feet from the property line. (4) Veterinary services whereby the public brings their animal to the mobile clinic location shall not be permitted, unless specifically permitted in the permit. 5.16.35.16.4 Veterinary Hospital (A) Standards for of Evaluation for ASE-CZ Zoning District (1) In the ASE-CZ zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. SECTION 5.17: STANDARDS FOR MISCELLANEOUS ASSEMBLY USES 5.17.1 ChurchesAssembly Uses (A) General StandardsUse Standards (1) Place of Worship land uses shall observe the following minimum setbacks is all residential zoning districts: Churches are required to provide setbacks in residential districts; the minimum shall be as follows: TABLE 5.174.1.A: CHURCH SETBACK STANDARDS IN RESIDENTIAL DISTRICTS SETBACK DISTANCE (FEET) Front 45 Side 50 Rear 50 (2) Club or Lodge land uses shall be permitted within the RB, AR, R-1, LC-1, NC-2, CC-3, GC-4, O/RM, EDB-1, EDE-2, ASE-CZ, and MPD-CZ Zoning Districts. (3) Wedding venues shall not be considered Assembly Uses. Please refer to Section 5.7.5 of this Ordinance for standards governing the development of a Camp/Retreat Center. (4) Specific Standards for Assembly Uses (a) Within the LC-1, NC-2, and EC-5 Zoning Districts Assembly Uses shall not exceed 100 participants at any given time. 5.17.2 Community Center (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) A description of the exact type of facility planned, the size of the building, the number of participants; a signed statement from the owners or operators that the facility will be operated by a non-profit organization. 134 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-159 (b) A site plan showing the location of the existing and proposed buildings, access points, parking, service areas, and outdoor recreation areas. (c) Building plans for all existing or proposed structures. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and any other landscape materials. (2) Standards of Evaluation (a) Lot size shall be adequate for the method of sewage disposal, and for the other improvements proposed or required. (b) The site plan shall show the boundaries of the site, the distances to the nearest residential structures, access points, parking areas, service area, location of proposed existing buildings. (c) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties, in addition, to proposed or existing trees, shrubs, and ground cover. (d) Elevations of buildings should show that the buildings preserve the residential character of the area. 5.17.3 Commercial Cemeteries 161 (A) Standards for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, Cemetery Commission shall be met. (2) Standards of Evaluation (a) A minimum lot size of two acres is provided. (b) The site shall have direct access to a collector or arterial street (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilages (d) No interments shall take place within 30 feet of any lot line. 5.17.4 General Aviation Airports, STOL and Heliports 162 (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in section 2.7, the following shall be submitted as part of the application: (a) A configuration diagram depicting the layout of runways, taxiways, approach zones and overrun areas. These diagrams should also be on aerial photographs that show the area within five miles of the proposed site. 161 Relocated to the Service land use category.  162 Relocated to the Automotive and Transportation land use category.  135 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-160 (b) Isotonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. (c) The number and type of aircraft proposed to be stored including also the storage areas for aircraft, fuel and motor vehicles, service areas for aircraft. (d) How on site fire and rescue services shall be provided and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility. (e) List land uses within the final approach zones of the airport. (f) Certification that all Federal Aviation Administration (FAA) and State standards and requirements have been met. (2) Standards of Evaluation (a) All F.A.A. and State regulations are met as a condition of approval. (b) The site and its operation will not adversely affect existing adjacent land uses. (c) Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant. (d) Adequate land area is provided for all of the proposed uses, buildings and storage areas. (e) Screening of buildings, storage and maintenance areas is provided from adjacent residential land. (f) Letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level. (g) Access shall be directly onto a State maintained road. (h) Compatible land uses are located in the final approach areas of the airport. 5.17.5 Major Subdivision (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be submitted as part of the application: (a) Notification Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. (b) Development Schedule A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. (c) Water and Wastewater (i) If the proposed lots are to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. 136 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-161 (ii) If the proposed lots are to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. (iii) If the proposed lots are to be served by a community water and/or sewer system, proof that the system(s) will be operated either directly by or through contract with the water and/or sewer provider whose service area or interest area it is, as defined in the Water and Sewer Management Planning and Boundary Agreement and Map adopted December 3, 2001, and as may be amended from time to time. (iv) If the proposed lots are to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the proposed wells to the U.S. Geological Survey Water Resources Investigations Report 00-4286 and any later USGS Water Resource Investigation Report data available. (v) If the proposed lots are to be served by individual septic systems the Environmental Health Division shall submit a report indicating approval for each building lot and for the open space if a homeowners’ association amenity is proposed to be constructed within the open space. (d) Open Space Connectivity A map that demonstrates that the open space composition, accessibility, shape and size requirements as set forth in Section 7.13 of this Ordinance are to be met. (e) Natural & Human-Made Resources A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other constructed features, historic and archaeological sites, and visual analysis of views into and from the site. (f) Pedestrian / Bicycle Plan (i) If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using, where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. (ii) For proposals not located in a transition area an off-road, pedestrian plan shall be submitted. (g) Landscape Plan Details A landscape and tree preservation plan that shows the following: (i) The proposed locations, and types of, plantings, (ii) The existing natural landscape with existing topography, (iii) The width of roadside and perimeter buffers to be left undisturbed, (iv) The open space (proposed undisturbed and proposed improved) as well as type of ownership. (2) Additional Submittal Requirements - For all applications of over 40 lots 137 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-162 (a) Solid Waste The location within the subdivision of a solid waste convenience center(s) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. (b) Biological Inventory (i) A biological inventory which identifies the following: a. Habitat diversity, b. Species diversity, c. Species of special concern such as those designated as threatened or endangered, d. Last known sighting, e. Candidate species likely to be present which may warrant protection, f. Specimen trees outstanding in size and/or species, and g. The status and source of the information compiled in the inventory. (ii) The biological inventory shall be accompanied by an analysis describing the following: a. Habitat integrity, b. Relationships between habitats and to ecological communities offsite, c. Any existing threats to flora and fauna and d. Potential for habitat enhancement. (c) Environmental Mitigation A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or other buildings and structures associated with the subdivision. The mitigation plan shall include the following: (i) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; (ii) A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; (iii) Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; (iv) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections Department; (v) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and (vi) A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, 30% of the amount of the letter of credit or escrow will be held for 12 months or until the site is established, whichever is greater. 138 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-163 (d) Traffic Study (i) A traffic impact study is required with all applications for the following: a. Subdivisions with more than 40 lots outside of transition areas, and b. Subdivisions with more than 80 lots within transition areas. (ii) The study shall include an analysis of the need for public road improvements, including pedestrian-oriented enhancements, for on-site and off-site improvements as said improvements relate to the level of service impacted by the development. (iii) The traffic impact study shall be prepared in accordance with the requirements of Section 6.17. (3) Standards of Evaluation (a) The project meets all applicable design standards and other requirements of this Ordinance. (b) The project meets all service provision criteria as set forth below: (i) Fire – identifies the primary and secondary responders and the source(s) of water. (ii) Police – identifies the primary and secondary responders. (iii) Rescue services – identifies the primary and secondary responders. (iv) Water Supply – source and capacity of water supply. (v) Wastewater Treatment Methods – provider and capacity of wastewater treatment source. (c) Habitats shall be identified and evaluated in the biological inventory required by Section 5.17.6(A)(2)(b)and are subject to the following: (i) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant’s biologist and County staff; (ii) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include: a. Preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); b. Installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or c. Creating wetlands; (iii) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner’s association are required to protect wetlands and other habitats while insuring proper long-term maintenance; and (iv) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. 139 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-164 (d) Landscaping and Buffers (i) Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Section 6.8 of the this Ordinance; (ii) Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; (iii) Corridors connecting habitats identified in the biological inventory shall be preserved along streams, buffers, or other wooded areas. If destroyed during construction, such connections shall be restored using appropriate plant materials; (iv) Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded for landscape mulch, composted, buried or otherwise disposed of BUT NOT BURNED. (v) Berms, fences and landscaping walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; (vi) To minimize visual impact by blending architecture into the surrounding landscape, foundation plantings are required at all freestanding entrance signs; (vii) Use of xeriscaping principles. (e) Stormwater Management (i) A stormwater management plan shall be prepared and reviewed in accordance with the provisions of Section 6.14 of this Ordinance. (ii) All drainage structures will be installed and maintained according to the approved Stormwater Management Plan. (iii) Subdivisions that include structural stormwater measures shall comply with Section 6.14 of this Ordinance. (f) Grading and Erosion Control (i) Plans for grading and erosion control comply with standards contained in the Orange County Erosion and Sediment Control Manual and this Ordinance; (ii) Construction is phased to the extent practical to minimize disturbance and sedimentation; (iii) Sediment control measures will be properly installed to filter sediment from runoff during construction and maintained until grading is complete and a permanent vegetative cover has been established and all slopes stabilized; and (iv) Permanent landscaping, groundcover, mulch, etc. will be installed as soon as practical after construction activities for each phase are completed. (g) Solid Waste Management Plan A solid waste management plan, submitted as part of the Resources Management Plan, shall include the method(s) of disposal and recycling of construction debris. 140 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-165 (h) Irrigation (i) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (ii) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. (i) Habitat Maintenance (i) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and/or a conservation easement agreement; and (ii) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. (j) Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. (k) Maintenance of Improvements (i) All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. (ii) Maintenance specifications, if any, for on-going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners’ Association documents. 5.17.65.17.3 Rural Heritage Museum (A) Standards of Evaluation for Class B Special Use Permit or ASE-CZ Zoning District (1) If located adjacent to residentially zoned property, all buildings, facilities, and parking areas shall be located a minimum of 100 feet from the property line. (2) The maximum building size in an AR or RB zoning district shall be 5,000 square feet. 5.17.75.17.4 Rural Special Events (A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts (1) Must be located on a bona fide farm. (2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following information shall be submitted with the application materials: 141 Article 5: Uses Section 5.17: Standards for Miscellaneous ASSEMBLY Uses Orange County, North Carolina – Unified Development Ordinance Page 5-166 (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of parking area(s). (c) A map depicting surrounding uses and the distance to residential structures. (3) The temporary or seasonal commercial activities that comprise the special event must pertain to agricultural or rural-related activities. (4) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (5) Events permitted by right in the AR, RB, and AS zoning districts shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. Events exceeding these limits must be approved as an ASE-CZ or MPD-CZ. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (8) Food services are not allowed unless approved in the permit. (9) Documentation shall be submitted from the Fire Marshal and Building Inspections Department stating that all areas open to the public meet state regulations. 5.17.85.17.5 Research Facility (A) Standards for the O/RM Zoning District (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Research Facility and adhere to the standards of Section 5.17.9(A)(2): (a) Banks & Financial Institutions (b) Beauty & Barber Shops (c) Laundry & Dry Cleaning Services (d) Nightclubs, Bars, Pubs (e) Restaurants: Carry Out (f) Restaurants: General (g) Retail, Class 1 (h) Printing & Lithography (2) Multiple Uses, identified in Section 5.17.9(A)(1), are permitted in the O/RM zoning district only in accordance with the following standards: (a) The site plan must identify the square footage of each structure by type of use. (b) The Principal Use type of Research Facility must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. 142 Article 5: Uses Section 5.18: government uses Orange County, North Carolina – Unified Development Ordinance Page 5-167 5.17.95.17.6 Research and Manufacturing Facility (A) Standards for the O/RM Zoning District (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Research and Manufacturing Facility and adhere to the standards of Section 5.17.10(A)(2): (a) Banks & Financial Institutions (b) Beauty & Barber Shops (c) Laundry & Dry Cleaning Services (d) Nightclubs, Bars, Pubs (e) Restaurants: Carry Out (f) Restaurants: General (g) Retail, Class 1 (h) Printing & Lithography (2) Multiple Uses, identified in Section 5.17.10(A)(1), are permitted in the O/RM zoning district only in accordance with the following standards: (a) The site plan must identify the square footage of each structure by type of use. (b) The Principal Use type of Research and Manufacturing Facility must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. SECTION 5.18: GOVERNMENT USES 5.18.1 Government Uses (A) Use Standards (1) Military Installations shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. SECTION 5.19: OFFICE AND FINANCIAL SERVICE USES 5.19.1 Office and Financial Service Uses (A) Use Standards (1) Specific Standards for the LC-1, NC-2, EC-5, EDH-1, and EDH-2 Zoning Districts (a) Uses shall be limited to 12,000 sq.ft. of building area. (b) No outdoor storage of equipment or materials shall be permitted. (c) Drive-thru facilities are prohibited. 5.19.2 Building/Trade Contractors Office with Equipment Storage Yard (A) Use Standards (1) Equipment storage yards shall be: (a) Setback a minimum of 50 ft. from all property lines. (b) Enclosed by a minimum 6 ft. high fence. 143 Article 5: Uses Section 5.20: Retail Uses Orange County, North Carolina – Unified Development Ordinance Page 5-168 (c) Screened along all sides with a Type A Land Use Buffer as detailed in Section 6.8 of this Ordinance. SECTION 5.20: RETAIL USES 5.20.1 Retail (A) Use standards (1) Specific Standards for the LC-1, NC-2, and EC-5 Zoning Districts (a) Uses shall be limited to 12,000 sq.ft. of building area. (b) No outdoor sales/displays shall be permitted. (2) Specific Stanadrds for the CC-3 Zoning District (a) Uses shall be limited to 24,000 sq.ft. of building area. (b) Outdoor sales/displays shall be permitted subject to the following: (i) No more than 20% of the property area shall be utilized to support outdoor sales/displays. (ii) Shall not be located within any required parking, septic disposal, or land use buffer area on the property. (iii) Displays shall not block entrances and exists to the structure. (3) Outdoor sales/displays shall be allowed in other districts subject to the following: (a) No more than 25% of the property area shall be utilized to support outdoor sales/displays. (b) Shall not be located within any required parking, septic disposal, or land use buffer area on the property. (c) Displays shall not block entrances and exists to the structure. 5.20.2 Country Store163 (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (5) Parking shall not be located in the front yard space. 163 Existing standards moved from Section 5.6.4 of the UDO.  144 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-169 (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. SECTION 5.21: MISCELLANEOUS USES 5.21.1 Major Subdivision164 (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be submitted as part of the application: (a) Notification Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. (b) Development Schedule A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. (c) Water and Wastewater (i) If the proposed lots are to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. (ii) If the proposed lots are to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. 164 Standards moved from 5.17.6 of this Ordinance to a new Miscellaneous Uses category.  Staff is not proposing  any changes to existing regulations.  145 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-170 (iii) If the proposed lots are to be served by a community water and/or sewer system, proof that the system(s) will be operated either directly by or through contract with the water and/or sewer provider whose service area or interest area it is, as defined in the Water and Sewer Management Planning and Boundary Agreement and Map adopted December 3, 2001, and as may be amended from time to time. (iv) If the proposed lots are to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the proposed wells to the U.S. Geological Survey Water Resources Investigations Report 00-4286 and any later USGS Water Resource Investigation Report data available. (v) If the proposed lots are to be served by individual septic systems the Environmental Health Division shall submit a report indicating approval for each building lot and for the open space if a homeowners’ association amenity is proposed to be constructed within the open space. (d) Open Space Connectivity A map that demonstrates that the open space composition, accessibility, shape and size requirements as set forth in Section 7.13 of this Ordinance are to be met. (e) Natural & Human-Made Resources A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other constructed features, historic and archaeological sites, and visual analysis of views into and from the site. (f) Pedestrian / Bicycle Plan (i) If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using, where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. (ii) For proposals not located in a transition area an off-road, pedestrian plan shall be submitted. (g) Landscape Plan Details A landscape and tree preservation plan that shows the following: (i) The proposed locations, and types of, plantings, (ii) The existing natural landscape with existing topography, (iii) The width of roadside and perimeter buffers to be left undisturbed, (iv) The open space (proposed undisturbed and proposed improved) as well as type of ownership. (2) Additional Submittal Requirements - For all applications of over 40 lots (a) Solid Waste The location within the subdivision of a solid waste convenience center(s) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. 146 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-171 (b) Biological Inventory (i) A biological inventory which identifies the following: a. Habitat diversity, b. Species diversity, c. Species of special concern such as those designated as threatened or endangered, d. Last known sighting, e. Candidate species likely to be present which may warrant protection, f. Specimen trees outstanding in size and/or species, and g. The status and source of the information compiled in the inventory. (ii) The biological inventory shall be accompanied by an analysis describing the following: a. Habitat integrity, b. Relationships between habitats and to ecological communities offsite, c. Any existing threats to flora and fauna and d. Potential for habitat enhancement. (c) Environmental Mitigation A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or other buildings and structures associated with the subdivision. The mitigation plan shall include the following: (i) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; (ii) A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; (iii) Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; (iv) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections Department; (v) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and (vi) A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, 30% of the amount of the letter of credit or escrow will be held for 12 months or until the site is established, whichever is greater. (d) Traffic Study (i) A traffic impact study is required with all applications for the following: 147 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-172 a. Subdivisions with more than 40 lots outside of transition areas, and b. Subdivisions with more than 80 lots within transition areas. (ii) The study shall include an analysis of the need for public road improvements, including pedestrian-oriented enhancements, for on-site and off-site improvements as said improvements relate to the level of service impacted by the development. (iii) The traffic impact study shall be prepared in accordance with the requirements of Section 6.17. (3) Standards of Evaluation (a) The project meets all applicable design standards and other requirements of this Ordinance. (b) The project meets all service provision criteria as set forth below: (i) Fire – identifies the primary and secondary responders and the source(s) of water. (ii) Police – identifies the primary and secondary responders. (iii) Rescue services – identifies the primary and secondary responders. (iv) Water Supply – source and capacity of water supply. (v) Wastewater Treatment Methods – provider and capacity of wastewater treatment source. (c) Habitats shall be identified and evaluated in the biological inventory required by Section 5.17.6(A)(2)(b)and are subject to the following: (i) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant’s biologist and County staff; (ii) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include: a. Preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); b. Installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or c. Creating wetlands; (iii) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner’s association are required to protect wetlands and other habitats while insuring proper long-term maintenance; and (iv) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. (d) Landscaping and Buffers 148 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-173 (i) Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Section 6.8 of the this Ordinance; (ii) Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; (iii) Corridors connecting habitats identified in the biological inventory shall be preserved along streams, buffers, or other wooded areas. If destroyed during construction, such connections shall be restored using appropriate plant materials; (iv) Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded for landscape mulch, composted, buried or otherwise disposed of BUT NOT BURNED. (v) Berms, fences and landscaping walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; (vi) To minimize visual impact by blending architecture into the surrounding landscape, foundation plantings are required at all freestanding entrance signs; (vii) Use of xeriscaping principles. (e) Stormwater Management (i) A stormwater management plan shall be prepared and reviewed in accordance with the provisions of Section 6.14 of this Ordinance. (ii) All drainage structures will be installed and maintained according to the approved Stormwater Management Plan. (iii) Subdivisions that include structural stormwater measures shall comply with Section 6.14 of this Ordinance. (f) Grading and Erosion Control (i) Plans for grading and erosion control comply with standards contained in the Orange County Erosion and Sediment Control Manual and this Ordinance; (ii) Construction is phased to the extent practical to minimize disturbance and sedimentation; (iii) Sediment control measures will be properly installed to filter sediment from runoff during construction and maintained until grading is complete and a permanent vegetative cover has been established and all slopes stabilized; and (iv) Permanent landscaping, groundcover, mulch, etc. will be installed as soon as practical after construction activities for each phase are completed. (g) Solid Waste Management Plan A solid waste management plan, submitted as part of the Resources Management Plan, shall include the method(s) of disposal and recycling of construction debris. (h) Irrigation 149 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-174 (i) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (ii) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. (i) Habitat Maintenance (i) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and/or a conservation easement agreement; and (ii) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. (j) Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. (k) Maintenance of Improvements (i) All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. (ii) Maintenance specifications, if any, for on-going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners’ Association documents. 5.18.15.21.2 Historic Sites Non Residential Reuse/Mixed Use 165 (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be supplied as part of the application: (a) The site plan, prepared by an appropriately licensed professional, shall also contain the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation. (ii) Location and dimensions of all on site signage. 165 Moved from Section 5.17.4 of the UDO to the new Miscellaneous Use category.  Staff is not proposing any  modifications to existing standards.  150 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-175 (iii) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. Description of how the historical style and character of the building and/or property is to be enhanced. (d) Landscape and tree preservation plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) Evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina as places of historic interest. (h) The proposed development schedule for the site. (2) Standards of Evaluation (a) The site plan submitted meets all requirements specified in sections 2.7 and 5.17.4(A)(1). (b) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. (c) Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (d) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (e) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (f) The site is served by direct access to a State maintained road. (g) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (3) Expiration and Renewals 151 Article 5: Uses Section 5.21: miscellaneous uses Orange County, North Carolina – Unified Development Ordinance Page 5-176 (a) This Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (b) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (c) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.21.3 152 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-5 Building Measurement Definitions (See Building Height, Story, Residential Floor Area, Length of Wall.) Built-Upon Area That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts) etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) Building Wall Any vertical surface of a building or structure (other than a pitched roof) that is integral to and could reasonably be constructed as part of the architecture of the building when a sign(s) are not being contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees, the vertical portion of gable roofs, parapets, mechanical penthouses, etc. Camp A recreation use which may include locations for tents, cabins, or other recreational sleeping structures, but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not-for- profit corporation. Canal See “Ditch.” Canopy, Service Station A structure made of metal, aluminum, or other material intended to be free standing or affixed to a building that serves as an overhang intended to shield persons from the elements while using the service station. Center in a Residence for 3 to 12 Children Use type located within Aa residence in whichoffering temporarychild care to clients, including children, adolescents, and adults, for no more than eight hours in a 24 hour period is provided, which is located on a public state maintained road, and which provides child care for more than three but, no more than 12 children. Cessation of Use For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the use of a structure or parcel of property. A use shall not be considered ceased if the use is being marketed for sale or other forms of conveyance and documentation of such activities is provided. Channel A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. Channel, Effluent A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water. Chemical storage facility A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Child Care A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. Child care does not include the following: 153 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-6 a) Arrangements operated in the home of any child receiving care if all the children in care are related to each other or no more than two additional children are in care; b) Recreational programs operated for less than four consecutive months in a year; c) Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding, gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups, or boys and girls clubs; d) Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop- in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or churches; e) Public schools; f) Non-public schools described in Part 2 of Article 39 of Chapter 115C of the North Carolina Statutes that are accredited by the Southern Association of Colleges and Schools and that operate a child care facility as defined under Child Care Facility for less than six and one-half hours per day either on or off the school site; g) Bible schools conducted during vacation periods; h) Care provided by facilities licensed under Chapter 110, Article 7 of the North Carolina General Statutes; i) Cooperative arrangements among parents to provide care for their children as a convenience rather than for employment; and j) Any child care program or arrangement consisting of two or more separate components, each of which operates for four hours or less per day with different children attending each component. Child Care Facility Use type offering temporary care to clients, including children, adolescents, and adults, for no more than eight hours in a 24 hour period. Care can be offered regardless of the time of day and whether or not operated for profit. Term Iincludes child care centers, and any other child care arrangement not excluded by General Statute 110-86(2), that provides child care. a) A child care center is an arrangement where, at any one time, there are three or more pre-school children or nine or more school-aged children receiving child care. b) A family child care home is a child care arrangement located in a residence where, at any one time, more than two children, but fewer than nine children, receive child care. Church A structure in which persons regularly assemble for religious worship, which is maintained and controlled by a religious body organized to sustain public worship. Club or Lodge, Private An establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business. Cluster Development A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by-lot development, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open space and/or recreation space. Cold Storage Facility A facility used to warehouse perishable foods and products prior to transport. Commercial-Industrial Transition Activity Node Land Land near major transportation routes that could be provided with public water and wastewater services and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office and limited (not to exceed 25% of any Node) higher density residential uses. 154 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-18 Guest Ranch166 A rural lodge providing overnight accommodations for transient guests seeking a vacation experience characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing holes and swimming facilities. Habitable Rooms Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered habitable rooms. Hazardous Waste Management Facility A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North Carolina Department of Environment and Natural Resources. Health Services Establishments of licensed practitioners, or licensed persons independently practicing a profession, primarily engaged in rendering medical, surgical and other health related and allied personal care services in the health field (e.g. physicians, physical therapists, dentists, medical specialists). High-Density Option One of two approaches available for development in some watershed overlay districts. Generally, the high-density option relies on density limits and engineered stormwater controls to minimize the risk of water pollution. Highest Adjacent Grade (HAG) The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. Historic structure Any structure that is: a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program,” which has been approved by the Department of the Interior; or d) Certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”. (CLG Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966, as amended). Holiday Decoration Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Home Occupation, Major An accessory business use which is owned and operated by the resident of the property, located on a single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental and subordinate to the principal residential use of the property. Major home occupations, which do not meet the standards of a minor home occupation, shall accommodate for larger scale accessory business 166 For the time being staff is keeping this use in the Recreational Facilities land use category.    155 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-19 uses by allowing for an increase in square footage, number of onsite employees, students, customers, clients, and annual events with an approved Class B Special Use Permit. Home Occupation, Minor An accessory business use, which is owned or operated by the resident of residentially-zoned property, and is clearly incidental and subordinate to the principal residential use of the property. Home Park A parcel of land under single ownership which has been planned and improved in compliance with Sections 3.8 and 5.5.4 for the placement of mobile homes/manufactured homes and Temporary Residential Units for use during the duration of the lease. The term includes mobile home parks developed under previous permitting requirements. Home Park Space A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary Residential Unit and for the exclusive use of the occupants of said dwellings. Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court167 A building or group of attached or detached buildings containing, in combination, ten or more lodging units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week, as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and leases are for weekly or longer periods and occupants are generally residents rather than transients. Hotel, Residential A building or group of attached or detached buildings containing, in combination, ten or more lodging units available for occupancy only for periods of thirty days or longer, provided, however, that temporary lodging units for guests of regular tenants may be provided in any residential hotel, with number of such units limited to 10% of the number of tenant lodging units.168 Immediate Neighborhood A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its location within the service area of a park site or sites as shown on the adopted “Recreation Service Area Boundaries Map” on file in the Planning Department. Impervious Surface A surface composed of any material that impedes or prevents the natural infiltration of water into the soil. Such surfaces include concrete, asphalt and gravel surfaces. These include, but are not be limited to, streets and parking areas, sidewalks, patios, and structures that cover the land. Industrial, Light Manufacturing & processing operations that occur entirely indoors and have limited impacts on surrounding properties, including, but not limited to, production of the following: food products (i.e. commercial bakery, candy, and beverages, including bottling); surgical, medical and dental instruments; wood cabinets, furniture and upholstery; light machinery, including household appliances; toys, sporting and athletic equipment, excluding firearms and ammunition; and, paper products, such as bags, containers, and cardboard. Industrial, Medium Manufacturing & processing operations that may occur indoors or outdoors and have limited impacts beyond the boundaries of the zoning district, including, but not limited to, the following: heavy household, 167 Now part of the Short Term Rental use category.  168 Staff is recommending this be eliminated as being overly redundant.  156 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-20 commercial and industrial appliances; manufactured homes, recreational vehicles and related components; automotive, farm and construction machinery; and, commercial building components. Industrial, Heavy Manufacturing & processing operations with a greater potential to impact surrounding properties, where a majority or large component of the operation may occur in the open air. Such uses may include, but not be limited to, the following: asphalt mixing plants; cement manufacturing or processing; commercial food processing (packing and rendering) plants, including meat, poultry and fish; and, concrete mixing plants. Infiltration The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into drinking water supplies. Institutional Use A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university, or government owned or operated building, structure, or land used for public purpose. Interested Person For purposes of quasi-judicial hearings an interested person is one who has standing as that term is defined by applicable North Carolina statutory and case law. Junk Yard An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling, buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or dismantled products and articles, such as machinery, vehicles, appliances and the like. Junked or Wrecked Motor Vehicles Motor Vehicles which do not display a current license plate or a current registration sticker and which either: (a) are partially dismantled or wrecked, or (b) cannot be self-propelled or moved in the manner in which originally intended to move. Kennel (Class I) The keeping of more than six but less than 20 animals of any species, excluding domesticated livestock, on a parcel of property for the purpose of showing, competition, hunting, or sport. All animals shall be owned by the property owner. Kennel (Class II) An establishment involving animals of any species, excluding domesticated livestock, engaged in any of the following: a) The owning or keeping, for any purpose, of 20 or more animals b) The selling and/or training of guard dogs or security dogs c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or rehabilitation. The operator of a Kennel (Class II) shall be allowed to reside on the property to ensure the continuous care of the animals kept on-site. Lamp See Outdoor Lighting, Lamp. Land Area Measurement Definitions (See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space Rear) Land-Disturbing Activity 157 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-38 A document and map, submitted as a part of a Major Subdivision, Class A Special Use Permit application or a Major Subdivision, Conditional District Atlas Amendment with SUP application, that sets forth, in detail, the location of and the proposed methods for: a) Protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of environmentally sensitive areas), b) Ownership and maintenance of open spaces (common open space, proposed conservation easements, and landscape buffers) c) Provision of services (solid waste management to include recycling, storm water management (temporary and permanent), irrigation systems to include the source of water, d) The handling of land clearing debris. Restaurant An establishment whose principal business is the sale of food and beverages to the customer in a ready- to-consume state, and whose design or principal method of operation includes one or both of the following: a) Customers, normally provided with an individual menu, are served their foods and/or beverages by a restaurant employee at the same table or counter at which said items are consumed. b) A cafeteria style setting is provided where food, and/or beverages are consumed within the restaurant structure. Restaurant, Carry-Out An establishment whose principal business is the sale of food and beverages to the customer in a ready- to-consume state, and whose design or method of operation includes the following characteristics: a) Foods and beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur. b) Foods and beverages are usually served in edible, paper, plastic or other disposal containers. Restaurant, Drive-In An establishment whose principal business is the sale of food, and beverages to the customer in a ready- to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics: a) Food and beverages are served directly to the customer in a motor vehicle by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle. b) The consumption of foods and beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged or permitted. Retail, Class 1 Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail order houses, where no adverse impacts occur beyond immediate space occupied by the building; operations are designed to attract & serve few customers or clients on premises other than employees of the principle use; there is a low volume of traffic generated (0-200 Trips/Day); and all operations are conducted entirely within a fully enclosed building with no outside storage. Retail, Class 2 Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail order houses, where no adverse impacts occur beyond the boundaries of the lot where the use is located and there is a medium volume of traffic generated (200-800 Trips/Day). Retail, Class 3 Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail order houses, where no adverse impacts occur beyond the boundaries of the zoning district and there is a high volume of traffic generated (more than 800 Trips/Day). Retail Use 158 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-39 An establishment focused on selling goods or merchandise to the general public for personal or household consumption and the rendering of services incidental to the sale of merchandise. Sale of goods or merchandise can be completed either by direct on-site purchase or through the receipt of a request/order of an item that is mailed or picked up by the purchaser. Term includes the rental of durable/convenience goods, merchandise, and equipment. Retreat Center A new or existing facility operated by a corporation or association of persons or churches forproviding social and recreational purposesamenities, services, and activities to its clientele. A retreat center may be owned by a profit or not-for-profit corporation. Retrofitting Measures, such as flood proofing, elevation, construction of small levees, and other modifications, taken on an existing building or its yard to protect it from flood damage. Riding Stable An establishment for boarding, breeding, training or raising of horses, ponies, mules, and/or donkeys for a fee; and/or rental of horses, ponies, mules, and/or donkeys for riding, driving, and/or instruction. Exercise rings shall be considered accessory uses to a commercial stable. Smaller scale events, such as horse shows expected to generate less than 80 traffic trips per day, may be held no more often than once per month. The operator of a commercial stable may reside on the property to ensure the continuous care of animals kept on the site. Riparian Area An area that is adjacent to a body of water. Riverine Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Road See “Street.” Rooming House A host occupied dwelling unit building or group of attached or detached buildings containing, in combination, from three to nine lodging unitswhere individual rooms are rented out for occupancy for weekly or longer periods. Typically individual rooms do not contain kitchen or cooking facilities for occupant use., with or without board, for residents, as distinguished from hotels and tourist homes in which rentals are generally for daily or weekly periods and occupancy is by transients. Rural Buffer Land adjacent to an urban or transition area that is rural in character and which should remain rural and not require urban services. Rural Community Activity Node Land Land focused on designated road intersections which serve as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the following: church, fire station, small post office, school, or other similar institutional uses and one or more commercial uses. Rural Designated Property that is not located in Urban Designated areas as defined in these definitions. Rural Guest Establishments169 A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space, or otherwise rural residential activities. Rural guest establishments consist of three subcategories based 169 Redefined as Short Term Rental.  159 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-40 on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below. A. Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and volume of paying guests is incidental to the primary use of the building as a private residence. One to three guestrooms are made available to transient visitors. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Zoning Permit) B. Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing overnight accommodations to the public, even though the owner or manager lives on the premises. The number of guestrooms may range from four to no more than eight. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Class B SUP) C. Country Inn: A business, which offers accommodations and dining in a predominately rural area. Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch and dinner to guests and the general public. The number of guestrooms may range from four to no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP) Rural Heritage Museum A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the purpose of educating the public about the rural heritage of Orange County and surrounding areas. Rural Industrial Activity Node Land focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for small-scale industrial uses which do not require urban type services. Rural Neighborhood Activity Node Land focused on designated road intersections within a Rural or Agricultural Residential area that is appropriate for small-scale commercial uses. Rural Residential Land Land in the rural areas of the County that is an appropriate location for low intensity and low density residential development which are not dependent on urban services. Rural Special Event A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Salvage yard Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery. Saw Mill A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood products; not including the processing of timber for use on the same parcel of property. School – Preparatory Use type providing academic courses designed to satisfy curriculum requirements/standards established by the State of North Carolina Department of Education including pre-school through 12th grade/pre- college activities provided by either public or private institutions. The term includes kindergarten, elementary/secondary and high schools, schools for the mentally and/or physically disabled, military academies, schools for the deaf or visually impaired, and alternative schools. School – Performing Arts, Sports and Recreation Use type providing instruction/training in the arts and/or athletic activities. 160 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-41 School – Technical, Trade, and Skill Training Land use(s) engaged in offering a variety of technical, trade, continuing education, vocational and skills training Semi-Cutoff Fixture An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the horizontal plane of the fixture. Septic, Off-Site An off-site system is a wastewater system as defined in GS 130A-334(15) where any components of the systems serving two or more facilities are located on property other than the building lot that is under common ownership or control. This approval does not apply to a wastewater system entirely contained on multiple adjoining lots or tracts of land under common ownership or control which are considered a single system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC 18A .1938(j). Septic System, Alternative Any approved ground absorption sewage treatment and disposal system other than an approved privy or an approved septic tank system. Septic Tank System A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field. Setback Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward, except as specifically provided in these regulations; provided, however, that fences and walls may be permitted in any setback subject to height limitations established generally or for the district and, further provided that poles, posts and other customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do not constitute substantial impediments to free flow of light and air across the setback or violate provisions of these or other regulations regarding visibility. Sexually Oriented Devices Any artificial or simulated Specified Anatomical Area or other device or paraphernalia that is designed principally for Specified Sexual Activities but shall not mean any contraceptive device. Sexually Oriented Business A business which offers its customers or adult patrons any device, activity or demonstration depicting Specified Sexual Activities , or which is intended to appeal to sexual interests, titillation or arousal of the customer or adult patron. A sexually oriented business shall include an adult establishment as in NCGS § 14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabaret, Adult Motel, and Adult Escort Agency. Short Term Rental Temporary lodging facility composed of a building or group of attached or detached buildings composed of units intended primarily for rental or lease to transients. This term is not synonymous with a Rooming House or a Short Term Rentals consist of three subcategories based on intensity and permit requirements, Short Term Rental Small – Host Occupied, Short Term Rental Large – Host Occupied, and Short Term Rental Non-host Occupied further defined below. A. Short Term Rental Small – Host Occupied: A private, host occupied dwelling, in which the frequency and volume of paying guests is incidental to the primary use of the building as a private residence providing a maximum of three guestrooms available to transient visitors for overnight use. The establishment shall not contain an eating and drinking establishment, but may provide food service for transient guests only. 161 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-42 B. Short Term Rental Large – Host Occupied: A private, host occupied dwelling, in which there are a maximum of 24 guestrooms available to transient visitors for overnight use. A eating establishment, open to the public, may be operated on-site. C. Short Term Rental – Non-host Occupied: A non-residential land use where the host does not reside on the property offering guestrooms for transient visitors for nightly or weekly occupancy. Individual units may be equipped with kitchen facilities. Sign Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted, erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise, which are displayed in any manner, including out-of-doors. Sign, Abandoned A sign for which no legal owner can be found or any sign face or sign structure that advertises a business not conducted on the premises for over 90 days. In making the determination that a sign advertises a business no longer being conducted, the Planning Director shall consider the following: the existence or absence of a current occupational license, utility service deposit, or account; use of the premises; and relocation of the business. Abandoned Sign shall also include the following: a) Through age and/or obsolescence a sign that no longer conforms to structural or maintenance specifications of Section 6.12, or b) Any pole, pylon, or structure expressly installed for the purpose of affixing a sign that bears no sign or copy. Sign, Advertiser Any person who is a lessee or owner of a sign, an agent of same, or anyone that has beneficial use of a sign. Sign, Advertising Display Area The advertising display surface area encompassed within any polygon that would enclose all parts of the sign. The structural supports for a sign, whether, they be columns, pylons, or a building, or a part thereof, shall not be included in the advertising area. Also known as Sign Area.  An example of how advertising display area or sign area is calculated is as follows: In most cases the rectangular shape of a sign equals the sign area.  In this example, the sign area was determined by enclosing the letters in an imaginary rectangle: 162