HomeMy WebLinkAboutORD-2018-029 Ordinance amending the UDO of OC Ordinance # ORD-2018029
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has been a member of the National Flood Insurance Program
(NFIP) since approximately 1976, and
Whereas, The NFIP offers flood insurance to homeowners, renters, and business owners
if their community participates in the program through the adoption and enforcement of
regulations designed to mitigate/reduce flood risk, including the adoption of Flood Insurance
Rate Maps (FIRMs) developed and maintained by Federal Emergency Management
Association (FEMA), and
Whereas, The County was informed by State Emergency Management officials there is
going to be a FIRM update, specifically a modification of floodplain data on several FIRMs
impacting property in Durham County,'with an effective date of October 19, 2018, and
Whereas, In order to maintain membership within the NFIP Orange County must modify
existing regulation(s) to reflect the new FIRM effective date of October 19, 2018, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon otion of Commissioner , seconded by QQmmissioner
the foregoing ordinance was adopted this day of
2018.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the for of is a true copy of so much of the proceedings of said Board at a
meeting held on , 2018 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this lb y of ; 2018.
SEAL
Clerk to the Board of Commissioners
CIO
17 a
S2
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with the effective date of Flood Insurance Rate Map (FIRM) consistent with changes
implemented by the Federal Emergency Management Agency(FEMA).
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red Stfi ethf,.,,g Tex : Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orani!ecount-vnc.gov/departments/planning and inspections/ordinances.php
ARTICLE 1 : ADMINISTRATION
PROVISIONS SECTION'41A: GENERAL
1.1.1 Title
The official title t'the/this document is `Unified Development Ordinanc f Orange County, North
Carolina'. For c ce, it shall be referred to throughout t document as `this Ordinance',
`the Ordinance', ified Development Ordinance' `the/this UDO'.
1.1.2 Authority
This Ordinance is adopted pursuant to s utory authority provided in the North Carolina
General Statues (NCGS), specifically th visions of:
(A) Chapter 153A, Article 18,
(B) Chapter 4,
(C) Chapter 160 rticle 19,
(D) Chapter , Article 5A,
(E) § -30, and
(F) §143 214.5.
or the purpose of establishing comprehensive development regulations for desig ted portions
of Orange County and providing for administration, enforcement and amendment the f 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 NGveR;beF 1.7,Z-^October 19, 2018' 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 08-04-2900Ai,
(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.
Orange County, North Carolina—Unified Development Ordinance Page 1-1
Article 1: Administration
Section 1.1: General Provisions
04-C141 P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment
#115-CWG (C) date d May 163, ''wand-
(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 aforementioned revised FIS and DFIRMs with aR effeGt,,,o da „f
�
, '�embe 291 T.2
1. .4 Purpose and Intent
(A) In order to protect and promote the health, safety and general welfare of the Coun 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 acco ish
ompatible development of the land within Orange County in a manner hich will best
pr ote the health, safety, and general welfare, as well as to:
(1) Provide for efficiency and economy in the process of dev opment;
(2) ke adequate provisions for traffic;
(3) Secu safety from fire, panic, and other hazards;
(4) Provide r light and air;
(5) Prevent the vercrowding of land;
(6) Avoid undue co entration of populati s;
(7) Facilitate the adeq to provision of ransportation, water, sewerage, schools,
parks, and other publi requirem ts;
(8) Provide for the protection f e surface and underground water resources of the
County;
(9) Provide for efficient us of rene able and non-renewable sources of energy;
(10) Promote desirable i ing conditions nd the sustained stability of neighborhoods;
(11) Protect propert against blight and de p ciation; and
(12) For other p oses in accordance with the omprehensive Plan for the County.
(C) It is the further p pose that all material included herei by reference and all material
used for the a inistration of this Ordinance, does not t e any property, does not
unduly rest t property rights or use, nor convert any of th e to public use except by
due proc s of law.
(D) The dinance is further designed to provide for residential, corn ercial, and industrial
gro h in Orange County by the establishment of districts within wh' h each type use can
velop properly and profitably and not interfere with the use of land i adjacent parcels
or districts.
1.1.5 S tement of Intent-Amendments
For the purpose of establishing and maintaining sound, stable and desirable developmen within
Orange County this Ordinance shall not be amended except to:
(A) Correct a manifest error in the Ordinance, or
z Staff is recommending modifying existing language in an attempt to make it more user friendly and easier to
follow for the reader.
Orange County, North Carolina—Unified Development Ordinance Page 1-2