HomeMy WebLinkAboutAgenda 04-16-2019 5-a - Attachment 7a, 7b, 7c 83
ATTACHMENT 7
Attachment Ta
Ordinance # ORD-2019-015
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County establishes three separate tables outlining allowable land uses
within Section(s) 5.2.1, 5.2.2, and 5.2.3 of the Unified Development Ordinance (UDO). Further,
Article 5 Uses of the UDO establishes development standards and review criteria for various
permitted land uses within the County and
Whereas, Since adoption of the UDO in 2011, there has been a desire to collapse and
condense the existing tables of permitted land uses into a single table, as well as clarify
development standards for various land uses, to avoid unnecessary duplication and conflict,
and
Whereas, On November 6, 2015 the State Supreme Court in Byrd Versus Franklin placed
the onus on local governments to `spell out' what land uses were allowable or prohibited within
their respective jurisdictions, and
Whereas, Planning staff and the County Attorney have determined the UDO does not
adequately delineate which land uses are permitted and/or prohibited within specified zoning
districts consistent with the finding of Byrd versus Franklin, and
Whereas, There is a need to revise how Orange County lists permitted and prohibited land
uses in order to comply with the findings of Byrd as well as to streamline existing regulatory
processes to ensure regulations are readily understandable, and
Whereas, the requirements of Section 2.8 of the UDO 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 consistent with the Planning
Director's and County Attorney's recommendation.
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 motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2019.
84
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on , 2019 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 day of , 2019.
SEAL
Clerk to the Board of Commissioners
85
Attachment 7-b
UDO AMENDMENT PACKET NOTES:
The following packet details staff s proposed modifications to existing regulations collapsing the
three existing tables of permitted land uses, specifically 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 table in an order to clarify permitted and prohibited land uses consistent with recent
court decisions.
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO.
• Red Str;ket roug Tex : Denotes existing text that staff is proposing to delete.
• Red Underlined Yellow Highlighted Text: Denotes text the Planning Board has
recommended not be approved but Planning staff and the County Attorney are
recommending for approval. This impacts Section(s) 2.10.3, 2.11.3, and 5.3.2 of
the proposed UDO amendment package.
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.orangecountync.gov/departments/planning and inspections/ordinances.php
Article 2: Procedures 86
Section 2.10:Variances
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
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.
SECTION1
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 required findings detailed within
Section 2.10.431 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.
2.10.3 Burden of Proof
Applicants 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 Variance.2 Further, the applicant shall
have the burden of persuasion on those issues. 3
i Updating of Section reference, recommended unanimously by Planning Board at its March 20, 2019 meeting.
z At its March 20,2019 meeting,the Planning Board indicated they had no concerns with this language.
3 The Red Underlined Bold Yellow Highlighted language, as approved by the County Attorney,was added to
addresses the legal sufficiency of the UDO,spelling out an applicant's responsibility relating to a variance request.
At its March 20,2019 meeting,the Planning Board voted 7 to 1 to recommend approval of the UDO amendment
package with the highlighted language eliminated. Staff, as well as the County Attorney, recommends the
language remain and the BOCC approve the packet as presented.
Orange County, North Carolina—Unified Development Ordinance Page 2-36
Article 2: Procedures 87
Section 2.10:Variances
2.10.32.10.4 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.
(D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance,
such that public safety is secured and substantial justice is achieved.
2.10.42.10.5 Additional Criteria for Authorized Variances—Special Flood Hazard Areas
In addition to the criteria contained within Section 2.10.434, any application for a variance from
the flood regulations shall abide by the following additional criteria:
(A) Variances may be issued for the repair or rehabilitation of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(B) In considering variances from the requirements of the flood regulations, the Board of
Adjustment shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this Ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to Orange
County;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the Orange County Comprehensive Plan
and floodplain management program for the area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
4 Updating of Section reference. The Planning Board recommended approval of the change unanimously at its
March 20, 2019 special meeting
Orange County, North Carolina—Unified Development Ordinance Page 2-37
Article 2: Procedures 88
Section 2.10:Variances
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges; and
(12) The request for a variance is not after-the-fact or for a situation of one's own
making.
(C) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(D) Upon consideration of the factors listed above and the purposes of this Ordinance, the
Board of Adjustment may attach such reasonable conditions to the granting of variances
as it deems necessary to further the purposes of this Ordinance.
(E) Variances shall not be issued within any designated floodway or non-encroachment area if
any increase in flood levels during the base flood discharge would result.
(F) Conditions for Variances:
(1) Variances may not be issued when the variance will make the structure in
violation of other Federal, State, or local laws, regulations, or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(3) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in
exceptional hardship;
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances; and,
(d) That the circumstances on the subject property are unique to the subject
property and not to properties in general.
(G) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced reference level
elevation. Such notification shall be maintained with a record of all variance actions.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the FEMA and the State of North Carolina upon request.
2.10.52.10.6 Additional Criteria for Authorized Variances—Watershed Protection Overlay
District
(A) Minor variances for dimensional requirements of the Watershed Protection Overlay District
may be approved by the Board of Adjustment in accordance with Section 2.12 of this
Ordinance.
(B) The Board of Adjustment may approve variance applications to allow the use of off-site
septic easements for lots created before January 1, 1994, and for non-conforming lots of
record.
(C) A description of each project receiving a variance and the reason for granting the variance
shall be submitted for each calendar year to the Division of Water Quality on or before
January 1 st of the following year.
(D) All other local governments having jurisdiction within the watershed area and the entity
using the water supply for consumption shall be notified of the variance application at least
Orange County, North Carolina—Unified Development Ordinance Page 2-38
Article 2: Procedures 89
Section 2.10:Variances
15 days prior to action on the application. The Planning Department shall notify other
local governments via first class mail.
(E) Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the
following provisions:
(1) Through variance procedures of the Board of Adjustment, as described in this
subsection (2.10.565).
(2) Through approval and recordation of a conservation agreement, as provided in
Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County
and a land owner that prohibits development of land in a protected watershed in
perpetuity.
(a) In such cases, a modification of the required impervious surface ratios
may be approved administratively but only to the extent that additional
land in the same watershed is conserved or protected from development.
In such instances, the land that will be subject to a conservation
agreement must be adjacent to the land proposed for development and
for which a modification of the impervious surface ratios is sought.
(i) As an example, a person owning a 40,000 square foot lot and
subject to a 12% impervious surface ratio would be limited to
4,800 square feet of impervious coverage. If the person's plans
called for 5,500 square feet of coverage (a difference of 700
square feet), the recording of a conservation easement on 5,833
square feet of contiguous property would satisfy the impervious
surface ratio requirements. (12%of 5,833 square feet is 700
square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, in form, be approved by the County Attorney.
(c) The conservation easement shall, upon its recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(i) Orange County shall require the priority of the conservation
easement to be certified by and attorney-at-law, licensed to
practice law in the State of North Carolina and approved to
certify title to real property by a lending institution (bank or
savings and loan association) doing business in Orange County.
(d) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement.
(i) The document shall be signed by the Orange County Manager,
upon approval of the Orange County Board of Commissioners.
(ii) No such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the
Register of Deeds of Orange County.
5 Updating of Section reference. The Planning Board recommended approval of the change unanimously at its
March 20, 2019 special meeting
Orange County, North Carolina—Unified Development Ordinance Page 2-39
Article 2: Procedures 90
Section 2.10:Variances
2.10.62.10.7 Procedure for Certain Stream Buffer Variance Requests
Requests for variances from stream buffer requirements within 50-feet from the top of the stream
bank shall abide by the following procedure:
(A) The Erosion Control Officer shall make a finding of fact as to whether the following
requirements have been met:
(1) There are practical difficulties or unnecessary hardships that prevent compliance
with the strict letter of the stream buffer protection requirements. Practical
difficulties or unnecessary hardships shall be evaluated in accordance with the
following:
(a) If the applicant complies with the provisions of the stream buffer
requirements, he/she can secure no reasonable return from, nor make
reasonable use of, his/her property.
(i) Merely proving that the variance would permit a greater profit
from the property will not be considered adequate justification for
a variance.
(ii) Moreover, the Erosion Control Officer shall consider whether the
variance is the minimum possible deviation from the stream
buffer requirements that will make reasonable use of the
property possible.
(b) The hardship results from application of the stream buffer requirements
to the property rather than from other factors such as deed restrictions or
other hardship.
(c) The hardship is due to the physical nature of the applicant's property,
such as its size, shape, or topography, which is different from that of
neighboring property.
(d) The applicant did not cause the hardship by knowingly or unknowingly
violating the stream buffer requirements.
(e) The applicant did not purchase the property after the effective date of the
stream buffer requirements, and then request a variance.
(f) The hardship is unique to the applicant's property, rather than the result
of conditions that are widespread.
(i) If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice.
(g) The variance is in harmony with the general purpose and intent of the
State's riparian buffer protection requirements and preserves its spirit;
and
(h) In granting the variance, the public safety and welfare have been
assured, water quality has been protected, and substantial justice has
been done.
(B) If the Erosion Control Officer determines that a variance request meets the requirements
in (A) above, then he/she shall prepare a preliminary finding and submit it to the State's
Environmental Management Commission.
(C) Preliminary findings on variance requests sent to the State's Environmental Management
Commission shall be reviewed by said Commission within 90 days after receipt by the
Director of the Environmental Management Commission.
(D) The purpose of the State Environmental Management Commission's review is to
determine if it agrees with the Erosion Control Officer's findings regarding whether that the
requirements in subsection (A) have been met.
Orange County, North Carolina—Unified Development Ordinance Page 2-40
Article 2: Procedures 91
Section 2.10:Variances
(E) The following actions shall be taken depending on the State Environmental Management
Commission's decision on the variance request:
(a) Upon the State Environmental Management Commission's approval, the
Erosion Control Officer shall issue a final decision granting the variance.
(b) Upon the State Environmental Management Commission's approval with
conditions or stipulations, the Erosion Control Officer shall issue a final
decision, which includes these conditions or stipulations.
(c) Upon the State Environmental Management Commission's denial, the
Erosion Control Officer shall issue a final decision denying the variance.
(F) Requests for appeals of determinations made by the State's Environmental Management
Commission that the requirements of subsection (A) have not been met shall be made to
the State's Office of Administrative Hearings.
2.10:7-2.10.8 Unauthorized Variances
(A) Other than stream buffer variances outside of the first 50-feet from the centerline of a
stream, the Board of Adjustment is not authorized to grant variances to any of the
standards of:
(1) Article 7 - Subdivision Design and Improvements,
(2) Section 6.15 - Erosion and Sedimentation Control,
(3) Section 6.14 - Stormwater Management, and
(4) Section 6.16 - Environmental Impact Reports
(B) The Board of Adjustment is not authorized to grant a variance that would permit a use in a
district where that use is neither a Permitted Use nor a Special Use.
2.10.82.10.9 Review Procedures
(A) Applications for a Variance 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 Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application.
(C) The assessment shall be introduced at the hearing and become part of the record.
2.10.92.10.10 Findings of Fact
(A) Required findings of fact, as listed in Section 2.10.346, shall be made in the indicated
order by the Board of Adjustment.
(B) The Board of Adjustment is not empowered to grant a variance without an affirmative
finding of fact supported by substantial evidence in the record of proceedings before the
Board.
2.10.102.10.11 Conditions of Approval
The Board of Adjustment may impose appropriate conditions provided that such conditions are
reasonably related to the variance.
2.10.1-12.10.12 Notice Requirements
Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6.
6 Updating of Section reference. The Planning Board recommended approval of the change unanimously at its
March 20, 2019 special meeting
Orange County, North Carolina—Unified Development Ordinance Page 2-41
Article 2: Procedures 92
Section 2.11: Interpretations
SECTION •
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 Burden of Proof
Applicants 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 Variance. Further, the applicant shall
have the burden of persuasion on those issues.
2.11.32.11.4 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.
At its March 20,2019 special meeting,the Planning Board indicated they had no concerns with this language.
8 As with proposed changes in Section 2.10 dealing with the burden of proof for variances,staff is adding language
in Red Underlined Bold Highlighted to address legal sufficiency concerns.At its March 20, 2019 special meeting,
the Planning Board voted 7 to 1 to recommend approval of the UDO amendment package with this highlighted
language eliminated. Staff,as well as the County Attorney, recommends the language remain and the BOCC
approve the packet as presented.
Orange County, North Carolina—Unified Development Ordinance Page 2-42
Article 2: Procedures 93
Section 2.12: Board of Adjustment
2.11.42.11.5 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.
(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.
2.11.52.11.6 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.
2.11.62.11.7 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.
•N 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
Orange County, North Carolina—Unified Development Ordinance Page 2-43
Article 2: Procedures 94
Section 2.23: Day Care Center in a Residence reasonable accomodation
2.22.3 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a permit letter informing him/her of the approval and of the
requirements of the Ordinance that apply to the home occupation.
(B) The permit letter must be signed by the applicant to indicate his/her willingness to operate
the home occupation in conformance with the requirements and conditions set forth in the
permit letter.
(C) Each permit letter shall be kept on file by the Planning Director and shall constitute the
Home Occupation Permit for the particular use in question.
(D) The home occupation may be operated by the applicant as long as it is operated in
conformance with the requirements and conditions set forth in the permit letter.
2.22.4 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.22.5 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 2.27.
SECTION
10
2.23.1 Purpose
This section provides a procedure for making requests for reasonable accommodation to land
use and zoning regulations, policies, practices, and procedures of the County to comply fully with
the intent and purpose of federal laws.
2.23.2 Applicability
(A) This section shall apply to those persons who are defined as disabled or handicapped
under federal law. A person recovering from substance abuse is considered a person with
a disability or handicap; however, a person who is currently engaging in the illegal use of
controlled substances is not.
(B) A request for a reasonable accommodation may be made by any person with a disability
or handicap, his or her legal representative, or a provider of housing for persons with
disabilities or handicaps when the application of the county's land use regulations may act
as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling in
accordance with the law.
(C) A request for a reasonable accommodation may include a modification or exception to the
rules, standards, and/or practices for the siting, development, and use of housing or
housing-related facilities in this Ordinance, that would eliminate regulatory barriers and
9 After conferring with the County's Attorney office, regulations governing the review/approval of a daycare have
been moved to Article 5. Land use standards do not belong in a section intended to identify development review
processes. This section is being re-purposed to address a concern from the Attorney over making reasonable
accommodation for persons who meet Federal definition(s)of being disabled or handicapped.
io Per applicable State and Federal Law, local governments are required to make reasonable accommodation to
land use regulations/policies to accommodate disabled or handicapped persons. The County's Attorney office is
recommending we adopt and implement a new procedure to ensure legal compliance with this requirement. The
provisions have been modeled on surrounding municipalities/counties who have already addressed this issue.
Orange County, North Carolina—Unified Development Ordinance Page 2-71
Article 2: Procedures 95
Section 2.23: Day Care Center in a Residence reasonable accomodation
provide a person with a disability or handicap an equal opportunity to a dwelling of his or
her choice.
(D) Nothing in this section requires persons with disabilities or handicaps, or operators of
family care homes, or group homes for persons with disabilities, or handicaps acting or
operating in accordance with applicable zoning, licensing or land use laws or practices, to
seek reasonable accommodation under this section.
2.23.3 Other Regulatory Obligations
A reasonable accommodation shall not affect an individual's obligations to comply with other
applicable regulations not at issue in the requested accommodation.
2.23.4 Pre-Application Conference
If an individual needs assistance in making the request for reasonable accommodation, the
Planning Department will provide assistance to ensure that the process is accessible. Applicants
seeking reasonable accommodation may request a pre-application conference with the Planning
Director to discuss the procedures, standards, and regulations applicable for submittal of an
application. Such requests shall be made at least 10 days prior to the date of submittal.
2.23.5 Application Requirements
(A) An application for reasonable accommodation shall be submitted in accordance with
Section 2.10 and include the following additional information:
(1) The current actual use of the property;
(2) The basis for the claim that the applicant is considered disabled or handicapped
under federal law;
(3) The UDO provision(s) or regulation(s) from which reasonable accommodation is
being requested; and
(4) An explanation of why the reasonable accommodation is necessary to make the
specific property available for the individual.
2.23.6 Review
Applications shall be processed in accordance with the provisions of Section(s) 2.10 and 2.12 of
this Ordinance.
2.23.7 Action by the Board of Adjustment
(A) Each decision shall be accompanied by a written finding of facts by the Board of
Adjustment which specifies the reasons for the decision; and
(B) The Board of Adjustment may prescribe whether the reasonable accommodation is
granted to the applicant or shall be allowed to pass with transfer of property.
(C) The Board of Adjustment may approve the request, deny the request, or continue the
request. In approving the request, the Board of Adjustment may prescribe reasonable and
appropriate conditions provided that the conditions are reasonably related to the request.
2.23.8 Findings
(A) In granting a reasonable accommodation request, the Board of Adjustment shall find
based on competent, material, and substantial evidence, that the proposed
accommodation:
(1) Will be used by an individual or individuals with a disability or handicap protected
under federal law;
(2) Is "reasonable."An accommodation is reasonable if it will not undermine the
Orange County, North Carolina—Unified Development Ordinance Page 2-72
Article 2: Procedures 96
Section 2.23: Day Care Center in a Residence reasonable accomodation
legitimate purposes and effects of existing zoning regulations, and if it will not
impose significant financial and administrative burdens upon the County and/or
constitute a substantial or fundamental alteration of the ordinance provisions: and
(3) Is "necessary." An accommodation is necessary if it will provide direct or
meaningful therapeutic amelioration of the effects of the particular disability or
handicap, and it will afford handicapped or disabled persons equal opportunity to
enjoy and use housing in residential districts in the County.
(B) The Board of Adjustment shall issue a written order on a request for reasonable
accommodation within 60 days of the date of the decision.
2.23.9 Appeals
Appeals from the findings of the Board of Adjustment shall be processed in accordance with
Section 2.26 of this Ordinance.
7 23 1 AnnliGation Qequ4ementcll
the Planning D'rentor on forms provided by the Planning Departmen+
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operatieRal
characteristics re disclosed.
-c r�,�-arc-aivcrv�ca.
(C) An application shall include a plot plan that adheres to the requirements of Sections 2.
and rQ i
7 23 2 AnnliGatien QeV4eW12
Upon a determination that the application is complete, the Planning Director shall cause
of the application to be made. The review shall determine if the proposed day Gare center a
res
review, the application will he approved approved With conditions or denier!
2.23.32.23.10 Condlitionsoi Approval 13
(A) if Gend'toons are attaGhed to the approval, they may address dekienGies on meeting
speGifiG Ghapter requirements or they may address speGifiG irnpaGtS whiGh result frorn the
operation of the day rare venter in a residence for 3 to 12 childrGGGUpation, the Gonditions may inGlude, but not be limited to the following en
A If Gonditions address spedfiG irnpaGtS whiGh result from the operation of the he-rne-
•
(111) Hours of ope T
(2) Location of play area;
Number of vehicles to he parked on the premises;
(4) The location of a storage area or parking on the property.
11 As a reminder, part of this project was to eliminate unnecessary and redundant information. These
requirements are already referenced in Section(s)2.4,2.5,and Article 5. This is redundant information and is not
being included within Article 5.
12 This existing language is already contained in numerous sections of the UDO. It is redundant information and
staff is not being relocated to Article 5.
13 After conferring with the Attorny, staff is recommending deleting the entire provision and will not recommend
moving same to Article 5. While previous comment(s)from Planning Board members and elected officials caused
us to reevaluate this recommended,staff and the Attorney believe the change is necessary to ensure legal
sufficiency in how other conditions for various land uses are handled.
Orange County, North Carolina-Unified Development Ordinance Page 2-73
Article 2: Procedures 97
Section 2.24:Governmental Uses
properties.The P!aRR'Rg Director greater setbaGks and/or additional landsca.
from adjoining la
9 23 A Annlinatlen Annre\/71
this Ordonenoe that apply to the daY oere ranter in a residence for 4 to 12 nhilrfren
(B) The letter must be signed by the appliGant to indiGate his or her willingness to operate th-e.
and oond'tions sot forth in the letter
(C) EaGh letter shall be kept on file by the Planning DireGter and shall r-epst M tute the appr
for the day here renter in a residenne for 4 to 12 nhildren in ouestinn
7 74 5 AnnliGation Menial
denied,if the appliGation is
the Planning DireGtor shall notify the applic;ant of the denial and shall
state the reasons for denial in writing
A nn---aI Qeaiew
evaluation forsfacilities.ch 15
7 74 6 Minor Changes to Annreyal
a residence for 3 to 12 chol provided that the changes are in harmony with the action of the
original approval and provided that any change in the operation complies with the standards of
n'
eyal otion as specified in Section 5.8.1.
2.23.7 Changes in Opa.Fatien
Any change in the operation of the day care center On a residence for 3 to 12 children that does
not comply with the standards for evaluation as specified in Section 5.8.1 shall constitute a
modification and shall require the approval of a Class B Special Use Permit by the Board of
Adjustment under the provisions of Section 2.7 of this Ordinance.
9 22 Q Anneals
The applicant may appeal the decision of the Planning Director to the Board of Adi 0 ustment as set
forth in Section 2.27.
SECTION •
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land use
category as detailed within Section 5.2.
14 Staff will be eliminating discretionary language for this particular land use.
15 Staff is concerned over requiring/allowing for annual inspections of a permitted use. We do not engage in
similar inspections for other similar permitted uses and do not believe there is essentially a need to do so for this
use.
Orange County, North Carolina—Unified Development Ordinance Page 2-74
Article 3: Base Zoning Districts 98
Section 3.8: Conditional Districts
DIMENSIONAL . RATIO STANDARDS
C U
Dimensional and Ratio Standards shall conform to
CONDITIONAL USE DISTRICthe 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.
DEVELOPMENTCU DISTRICT SPECIFIC 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)16 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.
16 Proposed amendment is necessary to address a change in the numbering of the referenced provision from
Section 5.1.4 to 5.1.3.
Orange County, North Carolina—Unified Development Ordinance Page 3-71
99
ARTICLE 5: USES
SECTIONOF 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 expressly listed in the Table of Permitted Uses (Section
5.2), but not denoted as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in
a district,are prohibited and shall not be established within that district."
5.1.2 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.
(1) 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).
5.1.3 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.
17 The language is being modified 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).
Orange County, North Carolina—Unified Development Ordinance Page 5-1
Article 5: Uses 100
Section 5.1: Establishment of Use Regulations
(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
5.1.4 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)1" of this Ordinance.
(2) Permitted uses are subject to all general and specific standards of approval for
that use, as established within this Section.
(E) Exclusions
(1) Unless otherwise noted in Section 5.2, the following uses shall not be considered
or approved as a Conditional Use District within the Commercial-Industrial
Transition Activity Node or Economic Development Transition Activity Node land
use classifications, as designated by the adopted Comprehensive Plan:
(a) Airports, General Aviation, Heliports, S.T.O.L,
(b) Class II Kennels,
(c) Commercial Feeder Operation,
(d) Composting Operation with grinding,
(e) Crematoria,
(f) Extraction of Earth Products,
(g) Junkyards,
18 Updating of Section reference only. Staff is not proposing any additional modifications.
Orange County, North Carolina—Unified Development Ordinance Page 5-2
Article 5: Uses 101
Section 5.1: Establishment of Use Regulations
(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.
5.1.5 Key to Permitted Use Table19
(A) The Table of Permitted Uses applies the following symboloc
(1) An asterisk (I indicates the use is permitted by right within the district,-
(2) A delta (A) indicates the use is permitted subject to compliance with additional
use standards-,.-
(3) An `A' indicates the use is permitted subject to the issuance of a Class A Special
Use Permit-,
(4) A `B' indicates the use is permitted subject the issuance of a Class B Special Use
Permit-,-
(5) A `C' indicates the use requires the issuance of a Conditional Use Permit-, and.-20
(6€) A box with no symbols indicates the use is prohibited -for development within the
identified zoning district.
19 Staff is recommending the addition of a new section defining the symbols,and their meaning, proposed for the
revised Table of Permitted Uses.
20 Please note staff will be eliminating the Conditional Use Permit process in a future text amendment package
consistent with previous direction from the BOCC and County Attorney.
Orange County, North Carolina—Unified Development Ordinance Page 5-4
1
SECTION 5.2: TABLE OF PERMITTED USES
CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS
!WWt-M.
.............................
MCI-M.72tr.�LTWMM
MOM-02-WASERX-111:11SOM
--------------
------------ .......
...........
Article 5: Uses 103
Section 5.2:Table of Permitted Uses
T/AtQ,E r-RAI�ITTTrr-Pr -nC\ICOAI 11 E ZONING DISTRIGTS
CLASs A SPECIAL USE B w CLASS B SPECIAL USE A w SUBjECT TO SPEGIAL STANDARDS
ren+i+ienal I +• C i
Use may not be ++Red�sa I-se Bistriee C�esta;-G�+ nTrn)
A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Beauty& Qarher Chens
Country ster-ee
Dr've In Theaters -
Funeral Homes -
r e _
ue+els 4. nne+els - _
II, T A A A
Kennels, Class 11 - A 9 9 9 9 F
Laundry undr„& Dr„Gleaning Cer„ives
Massage Business of
nnierehre,.,er„,.,+h nniner C„en+s A $ $ $ $ $
Alieh+ell ihs Qars Di ihs _ _
Offices & Personal Cer,dses (`loss 2
Repair CeN'Ge Cleo+rams& pplianse
Re ran+s.��
Res+a Iran+s, Drive In
Re+airn Class
ROM,rnvrass-2
Re+av irn Crass 3
RI Al (_Iles+Cs+a hlishmen+: Qnr! 4, Qrea Lfas+A
RI Al (_Iles+Cs+ahlishP;en+: Bed 4. Qrea Lfas+ Inn A
Rl�ral (_Iles+Cs+a hlishmen+:G96IR+ry Inn--A A A
Sex gal y Ori Pen+ed Rus Min esses
Sterage of Goods, Outdoor-
Sterage er Warehousing: Inside Building
TavT g
Te sire
`holesale T.
Winery with nninor Eve n+s A
CVTOA/-TI\/G USES
Extras+ion of Car+h Prof''s+s ,.. A A A A
Orange County, North Carolina-Unified Development Ordinance Page 5-6
Article 5: Uses 104
Section 5.2:Table of Permitted Uses
T.A-R 6E Pr--RAM TTrrV 11vCO—aC\ICOAI 1IcE ZONINGDICTRIGTC
CLASs A SPECIAL USE B w CLASS B SPECIAL USE A w SUBjECT TO SPEGIAL STANDARDS
rnn ti+inn�I I +• c i
Use ma,�not�e ++Red�sa I�se Bistriee c�esta;-G�tnTrn)
A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
�`_r.veewu.ewlTAl iia�a
Ge„ernmen+ol Fac'!'+•es Q Office a ild'Rns - - - - - - - - - - - - - - - - - -
ce„ernmewal Rre+nn+i„e cervices (1294ne 4. Fmirn
Stations) QeanUe Squads, Volunteer Fire
Departments
nMA�liNUFACTl1ov_r.vr.�i:rlrG,AaaGEM%ri-v 4�-sac-.�--r.vonan-.�$$Imv
Assembly and Packaging Operations Inc6dIRg
D'str'but'on and Ma'! Order Houses, But Excluding
OnTPrrem'seas-PetalOutlets
Industrial, He
InrL i6trial Light-
lRd 6tri-,I nnn,ti-Im - _
^ B B - - - -
Printing A.
Sawmills-- _
Winery, preduGtien only A p p
MEDICAL USES B B
Health SerViGes: Over i n nnn cn G+
un-,I+h cervqAesmUnder in nnn en R.
- -
Veterinarl,/'`Iinin $
Ve+erinar" I--Ine.ni+olo
QLn RGAT1AAl AI l laLC
Camp/Retreat renter $ $ g
r_nI+ nri„inn and or.,n+inn 4 nnna $
* * * * * * * * * * * * * * * * * *
onnreatmenal C-,nili+iea $ $ $ $ $ g $ $ $ $ $
Golf se A A A A A A A A A A A A A A A A A
Rr-glnr-A'T1A 1 USES
* * *
* *
Orange County, North Carolina-Unified Development Ordinance Page 5-7
Article 5: Uses 105
Section 5.2:Table of Permitted Uses
T-.A.v,E UPr-RAMi-Pr -n ICIcIIr-r,-!_r-Air-oAI 11 E ZONING DISTRIGTS
CLASs A SPECIAL USE B w CLASS B SPECIAL USE A w SUBjECT TO SPEGIAL STANDARDS
rep fi+iepal I +• C A
Use may not be ++Red�sa I-se Bistriee C�esta;-G�inTrn)
A Allowed as more than one principal use if located on a beRa fide farm (Gee Section 6.2.5)
Family rare Hems - - - - - - - - - - - - - -
Rehabilitative Care CnPll•+„
Resident'al Hotel (C%eS, Sororities, and
A A
Reaming House
Tr-1 r-nnRAPAUNIGATIONS
Telecom inrrcat'nn Tnv.fer-Stealth (75 feet or
* * * * * * * * * * * * * * * * * * * *
Telenemm na+'en Towers (Over 75 feet and nder
Telesemm plea+iep TAM ers (ono feet aprf hieher4 A A A A A A A A A4 A A A A A4 q Aq A A A A A
TOPmonOAnV 18E-G
Temperary Mehile Home (Use during
s+n�.+iep/ips+ally+inn of permanent residential ..not
aprd for 20 days fellewinn issuanee of Ger+ifiva+e of
AIITnPmn:rwr ATo ANconoTA TION
Terminals &(_arages -
Mo+or Freight Terminals -
Mete `'ehie!e Repair Gafag---
MAtAr Vehicle Cales /Rental (New& Used)
one+er Vehiele Ce s C+—At
ieps
DaFkiRg As Drinsipal Use, Ci irfave OF C+n in+i ire
Des+al 9 Darnel Delivery Ceryines
tES
Elevated Water Sterave Tanks g g g g g g g g S g g g g g g g g g
PubliG Utility Stations&Sub Stations, SWOtGh'ng
Stations, .r Telephone Cehanges Water 4. Sewage AQ A A A A A A A A A A A A A A A A A A A
Trn a+mnn+Dlan+s
Glee+ris (_as anrf Liquid-iirl Fuel Transmissinp I ip $ $ $ $ $ $ $ $ $
Water& Sanitary Sewer Pumping
* * * * * * * * *
Solar Array_Large Casili+„ g g g g g g S g g g g g g g € g g g g
A A A A A A A A A A A A A A A A A A
Orange County, North Carolina-Unified Development Ordinance Page 5-8
Article 5: Uses 106
Section 5.2:Table of Permitted Uses
T-.w.v,Ec)r-UPr-RAM,TTr-n ICI cIIr-r,—!_r-hir-owI 11 E ZONING DISTRIGTS
LASs A SPECIAL USE B w CLASS B SPECIAL USE A w SUBjECT TO SPEGIAL STANDARDS
I t b G-A-R,+i+inr,al 1 1 ni +• e S i n(E)
"--1 18; .-.-a i�vrv2-�2H#t 2�zx'�e"l vrv2v*St lvrv2ev26t�vn-o-r.��/
n Allewed were thaR 9Re PFORGipal 616e 'A-r,;;tPd AR A hARa fide farm (see Spr'tmpp A 2
W.-AvrrE MANAGEMENT
Landfills i2 Anro r More - A A A A A A A
Landfills (Less o Than 2 Anrool S S $ 8 S
I.n�aSte KA.ARageMeRt CaGili+ Hazardous R, Trdip - A A A
AGGessor" Uses - - - - - - - - - - - - - - - - - - -Airports, General o
A,,iatinn+ Heliports, c� T.01— A A A A A A
Assembly CaGili+„Greater Thar, 300
Assembly CaGili+„ Less s Thar, 2-n0
ChurGh
Clubs or Lodges; SOG'al; Fraternal or U
GeRteF
Crematoria - -
Histor, Sites Non Ros'don+ l/M'xed Use A A A
Kennels, Class 1 - - - - - -
R000arp-h a.nd MaRwfaGt6IF'Rg CaGili+"
Rese-pirdh Canil'+"
Research Lands 4_ installs
R-Wal Heri+an Myse„m g g g g 6
R cal SpeGial Events n
SpeGial Events (Less than45G)
Orange County, North Carolina-Unified Development Ordinance Page 5-9
Article 5: Uses 107
Section 5.2:Table of Permitted Uses
9.2 TablAle of Permitted Uses— Economic Development Districts
#Shall be noted en Z6ning Atlas as"Zoning DistriGt" rI I (e GnQ_7_G n
Nln-tp-.-The Hillsberough EDD utilizes SeGtGr Numbers as Defined in the North AmeriGan industry Glassif'Gat'GR System (NAIGS), 2012 Version
Ace,9,„T„vA, USELS
Animal heoni+ol veterinarian G#
Kennel, Class 1 '#
Ilennel Glass II
69NSTR136Ta81-1
- -
all aGtmvmtoes must be wholly within building4
Plumbing
heating, ejeGtriGal,and sirnilar trade
eontraste�s - -
€a MADE
ii3aRkS, sav'Rgs and loans,and Gredit unions
Cinonee& InoUron a (Seeter 52
Real estate -, en+o -,nd hrekero
SeGuri+v nnrl n medity hre Le ro and investment
effiGeo - - -
GOVERNMENT USES
Governmenta!fac'14'es and office buildings
G Avernmen+Al nre+ee+ive GeWiGeG /Deliee and fire
o+o+ieno resGue ,ads and volunteer fire
Public Administration !Sector 091
INFGRMATtON
nn AR,,,OAGOT„R,h,G,ASSEMBLY&DoecocSIN
Clee+.enie Eei dnmen+(one lio+inn hele,.A
Elee+rie lighting and,.i i Men+
Elee+rie transmission -Anrl rlis+rih-winn
Cleo+rieal iRdwstriel a rn+,io _
Orange County, North Carolina—Unified Development Ordinance Page 5-10
Article 5: Uses 108
Section 5.2:Table of Permitted Uses
TAa--E PE-R`,..l-rTTE-D I—IIcIIr-A—Fr-ohIA\II/`13pfr-1 nopmr-hIT DISTRIGTS
#Shall be noted en Zen;ng °ems as"Zsri;g DiStFiGt"—rl I (e.g., Gna_2_rl n
Clee+rn n'n onto and a
GGessories
Ho us appl'a
Qard'e and tole n+
Cahrisa+esd Meal PresLJs+o /nee Go+ine hel�
Cutlery and hand tools
Cahr'ea+erd s+r e+ ral metal prord e+s
Heating equipment, eXGep+electric anrd
Meta' saRs n.d ShiPP0@-GGRtaiPeerS
Nuts, bolts screws, rovets, and washers
Food ProdUGtS (see I'sting below)
•�Tp - -
Pe++ling plants-
Dairy
M'snellonen s food preparation;
coffee roasting, condiments,
In.J''strial MAGWn Y(see I's+ine helex.4
ERgiRes n.d turbines
Farm/garden machinery ansd equipment
General 'nod s+r•al maeh•n and
equipment; rif•na+•nri n+
ball and roller bea#R@s---tG-
Me+alp.erk'n chapery psi a n+
Office s p6 nine and a 1n+inn
shin
Spee•al industrial maeh•n textile
* *
maGNnery
In6tr6imen+s (see IiotiRg be'GW
Measuringanalyzing, and een+relline
rT�
- -
Wa+ehes and eloeLo
Paper Prod e+o (see I's+inn below)
(`enVer+e.d paper n.J p erhear.J
PfGdUGtS-
Paperhear.d seatamers Apra hex.es
Furniture and Fixtures (see 10o4n�
Household ansd effiee furn'+
ure
Orange County, North Carolina—Unified Development Ordinance Page 5-11
Article 5: Uses 109
Section 5.2:Table of Permitted Uses
TAa--E PE-R`,.iTTED I—IIcIIr-A—F/`AAIA\AI/`13pfr-1 nopAr-hIT DISTRIGTS
#Shall be noted en Zen;ng °ems as"Zening DniStFiGt"—rl I (e Gna_2_rl n
M'SGellaneo s f rn'+ r and foxtures _
Pharmaog +'Gal Prod! o+s _
Prig+inn and Publishing CstahGshmonts
Rubber anal Plastic Pro.f6lsts (See listing holew
M'SGellaneo s nlao+'n rod! o+s; g
* *
Rubber and nlask hose an.f belting
Ctogg (_lass Clay, and ('onsroto PFOdWofs /coo
Cut s+nng nrnr! n+s G# G#
Flat glace _
!_loos anal glassware
Petted,ansl related nredUGts
Transporta+ion Equipment/egg lis+inn hglol.,1
M'scellaneo s transportation equipment;
* *
e-.g-., motor vehicle components
KAotoml,olos hisl,olos an.f parfs
M'SGellaReOUS MaR6ifagtLJring lRdwsfries (see
Jewel nr!sill,oru,a ro _
M'sngllaneo s man fan+ r 'nr! st
e.g., os+1Imo a olry el+ies buttons,
ew.
MUGioal instruments
Don PeRgill offiGe and artistsupplies
Toys sporting, and a+hle nnris _
Arts Cntertainment 9. Posroation (SeGtgr 711
QCCIn GI.ITIAI
nl.,glling glo_famill,
Dwelling,two f
Dwelling, I+'_family /6_19 nits per n the
nWe"ing u lt' family (6 1 W nits per aGre as art of
M.Wed- wise.deyek)nmont• m of 7504 of
Dwelling, I+'_family /F 1 nits o rg1 G#
Dwelling, mobile home (For replacement of
existing mobile home)
Orange County, North Carolina—Unified Development Ordinance Page 5-12
Article 5: Uses 110
Section 5.2:Table of Permitted Uses
TAa--E PE-R`,.iTTTE-D I—IIcIIr-A—Fr-ohIA\II/`13pfr-1 nopmr-hIT DISTRIGTS
#Shall be noted en Zen;ng Atlas as"Zeni;g DiStFiGt"—rl I (e.g., GnR_2_rl n
Temporary Use of a Residential Mn-bilp- Home
RE-w&
warm e en+sales G# G#
non+nr vehicleSWU RtAtiAn
motor_ocy_yeh„nh'nGes,new and used, sales an.�n+ I G# G# -
, bars,
and pubs
(Only as accessorye to hotel, motel o
RestAwror,+o (Garry_eut anrd general)when Incated
e hudld'n G96ir+n plaza, a+oil ste
Restaurants /Garry_out and general) On a separate,
free standing-buik[�Rg
Pew„ aRtS /drove a separate,frees+an,+inn
G# G# -
Retail Trade!Ceders 44 45;eXG1 1d'Rg C6ihsectnr
454 t\Inn_s+ere retailers) !Only Hillshereugh FDD
Detail-Vale sales a.A.d. rnr,+-l of durable and
conyeRwence nn GGIG mn hdi rcaRsn a Rd ani inm en+i * � *
0RGII�ing mail hT rows,, in a separate, e-
Retail trade ale and rental of durable ny-1
nds chand's and equipment,
ncl d'n mail order hey s when located in
' e building, rt a plaza enclosed moil
consisting of multiple uses.
SErnv�o�VWGC
o
A ccnmmnrJ a+inn anrJ CnnrJ CerVice /Sector 791
/Ca+inn anrd dFiRkinn establshments are mit+erd
only as aGGessory e+e hetel mete! 0
restaurant; Hillsborough EPI)enly)
- - - -
Ar+/nhe+enranhic st,irdies
Assembly faG'I't y_300 n mere PeFSGR GapaGit`
Assembly facility_ less than 300 PeFSGR Gap
Beauty and barber shops-
- - -
Ghurehes - - - -
(`I��hs anrd IA- dues anrd s al fraternal anrd
�hho�uses G# G# G# G#
G
rnmm nit„ enter A A A
Day Gare!aciwy G 9 - -
Crl co+'n al Cery'c s !Sector Ri 1
Orange County, North Carolina—Unified Development Ordinance Page 5-13
Article 5: Uses 111
Section 5.2:Table of Permitted Uses
TAa1-E PE-Rw-r-rTTE-Bvvr-A-ErAAIoRmir-13pfr-1 nopAr-hIT DISTRIGTS
#-Sha" be noted Atlas as"Zoning D+striGt"—rI I /e GDa_2_rI n
Note:The Hollsberough EDD utilizes SeGtGF Numbers as Defined in the NoFth AmeFiGan industry GlassifiGat'GR System (NAIGS), 2012 Versien
Fm--r;pr;;' h^mps S# S# -
(_elf rbiving and p gs+ige r
Health Gare & Cranial Assis+enee/Ces+or F9\
Health s nGluding deGtors and den+is+s
effises' Rd merJiggl gnrf dental Igherg+eries
He+elsgnsl me+els
IndA r thpAtprs
Large a day n e home $ * _
Laundry,dry Gleaning and shoe repair
Il -
MaRagemen+of rempgnie u Enterprises (Sector
* *
Meter yehiele m in+engnee and repair/hedy shop) G#
Other offives and p al s
pFegramming nd data p � ple„men+
* *
nd tFavel agencies, advertising and - - -aGG9URtiRg, rsh•+eg+ al and
Prefessmenal Ghnm'f l SeryTfeS
Qeereo+innol fgr.ili+ies
Qepgir s eleg+renis.Av.r+ g pliaRGe # _
Qeseereh fgsili+�i _
SGheels,daRGe,art,and mu * G#
SGheels, elementary, middle,and high A A
S# C#
Other Serv'GeS (Hillsborough EDD only)
- - -
TRANSPORTATION
Bus terminals and-g-afages
Postal and p vel delivery ser ises b*ih
G�rf.�gn .Apr+s+nis+iire perking asPFORGipal i
/\A/hen .A g+ed- ud+h .A lesgl n .AI
+r.Ansper+g+ien goal s gh .A s+rgnsi+A—r ark_
Trgnspertatinn and Warehowsing /Cen+or 48 49\
1A/un,oc A,o ToAno
\A/helesgle Trgrle /Cen+er AO\
Orange County, North Carolina—Unified Development Ordinance Page 5-14
Article 5: Uses 112
Section 5.2:Table of Permitted Uses
TA-M-E PE-R`,..l-rTTE-D I—IIcIIr-A—Er-ohIA\II/`r pfr-1 nopmr-hIT DISTRIGTS
*c� , 11 a2 noted en Zen;ng Atlas as"Zeni;g DiStFiGt"-rl I (e.g., GnR_2_rl li
Durable Goods (see listing below)
Automotive arts andsupplies (in a
CIeGtrim' GGGrls
C rn'+ r and home+ r 'chin
gs
Hardware nl mh'n and heating
* *
I w mher aGrl Athe r,st r''G+i GG materials
M-Pi shiGer" a eG+ aGrl Glies
CGGr+i r,G ea+.,Gal Ghe+egrar,hin and
* *
Apparel and G eGe Gr1G
Reer, and die+illnd alsehGliG
beywages
GF GGviGs ar.rJ vela+GrJ plod G+s
Raper and paperror! G+s
Rharmaoe +'Gals and G me+'G
AG
GleG+riG / as n,J Liquid id Fuel TranGmiGGier, In g g g g
Elevated water storage tank
(Perm'+ter!as aGGessory use without CneG'ol Use
His+Grit buildings 4nr n _ r,Side +ial/mi..ed 61se A A A A
RuhliG Utility s+at'E)Rs and s6 ih_sta+inns s.kh Rg
stat'ons, and telephone exGharges
Rad'n and television transmitting and r
towers
Selar Array—Large e Ca Gili+"
Selar Array—RuhliG I l+ili+" A A A A
C+Grage Grl ehn side h�dlrl'n
Storage of goods, outdoors
Water And s ai+a sta+'G
Orange County, North Carolina-Unified Development Ordinance Page 5-15
Article 5: Uses 113
Section 5.2:Table of Permitted Uses
G 7 4 Table of Permitted Uses— Conditional Zoning Districts
v�a_:v nra�v.--� ��aa�.a
NOTE:Applications for Conditional Zoning DistFicts must list specific uses for consideration/approval
n
: Use shall not be approved on parcels4ocated the Rural Buffer land UGe Glassification, as designated by the adopted Compre4ep&�v&Plan.
AGRInIII TIIO w1 USES
ngrie6I46ral Dreeeooine Caeili+v f nmmiini+"
ngrieWl+Kral Se o Uses _
!'`em.ralni+v Farmers' nn-rke+Gempesting _
'GE) eo+inn Qpera+ieo e,i+h a nrfine n
Cooperative Farm Stand
Fiqueo+ri.,n denser
FarrEquipmentRental,oases and Sery ee
- -
Feed Mill
('_rnnnhnlioeo A. !ln Dremioeo C-,leo _
H.
Meat Drneeooing Ceeilit" Gem 4uni+"
Meat Dreeeooing Ceeility, Degienol n
Nen_C-arm I Ion of Farm C,a JnmenStables, Commerdal
Stockyards Livestock Market n
CHILD CARE 4.Cone wTlnnlwl Cw/NI ITIOC
Center in o Reside.—for 4 to 12 Chol& n
Ghold! Gore Ceeili+ieo
SsdhemS: nenee nr+ Q. nnI '
SGheels: Elementary, nnidldlle 4. Seden,fer„
• Ver.atmenal -
Universities, Colleges& Ind+it te-s
D L P. E' l I n +•+i +•
earnc�--or-r�v:cmr,�xn�'rlevrrTo
Q4AtFe a+era Di Iildllng 4. Tmdle
n _
�e
Orange County, North Carolina—Unified Development Ordinance Page 5-16
Article 5: Uses 114
Section 5.2:Table of Permitted Uses
n
Cina a& In a /Cee+or 521
C eral Hennes
Garden Gen+er On Premises Cale
Insurance(`arrie s A. Aoen+s
Kennels' I
Glass
Keppels Glase II
Laundry undr„& Dr„Gleaning Sen,ioes
Mapagemep+of Gompapies &Cp+erpri6es (Seo+or 53)
Massage Business of
Metal FabriGation Shop
MierohreWeFY.ed+h AAiner Ginn+s _
Mierebrewery with Major Cvmn+s n
Nigh+oL116 Bars P jbs
Offices & Personal Cer..iees' Class i
Offices 4. Personal Ce Wiees' (`lass O
Offices & Personal CerymGes Class 4
Professiepal Ceinp+ifin 9. Teohpioal (Cee+er 54)
Real Estate Agents & Brokers
Repair SeWieo Cleo+ropie& Appliance
Restaurants:
Res+a---rap+s. Dri�4e IA
Res+a-�rar,+s. (_pppral
Qe+aiT
ReR a+aim _
R--ral (_�ins+ Cs+ahlishmnp+: Bar! 4. BrnaLfas+ _
Rural Quest Establishment: Bed & Breakfast Inn
Rwal (_�ins+ Cs+a hlishmnp+: (`ei�p+pi Inn _
Sterage of Goods, Outdoor
C+nraneppe��F WareheU6 • Inside Ri ii&4g _
Theater, indoor er Outdoor(inGluding Drive ins-)
Tavi _
Tourist e
\A/heIwale Trade
Orange County, North Carolina—Unified Development Ordinance Page 5-17
Article 5: Uses 115
Section 5.2:Table of Permitted Uses
NOTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
\nine qi+h Mlin r C„enter
Winery with Maj r�n _
EXTRACTIVE USES
Cv+rAn+ien of Cnr+h Dre.d--e+o
G OVERPIMENTe1 1 loeo
Gevernmen+nl Coeilitieo &Offiee Rldlrinq
Governmental Dre+eetiye Cen,ieeo (PGliee & Fire Ctn+ieno) Qeoeue
Squads, VOILIRtee;-�Wment-s
* *
Military Inotallatieno (Natienal G inrd 4. Reserve Armr.rl,\
D�Ihlie AdministFa+ien /Ceeter 00\
MANUFACTURING,I A00EMBI= 4 RGGES *4G
Mail Order Heuses, But ExGludinq Qn-P-ramises Retail Outlets
'R&Gtrial, Heavy
Industrial Light
lRduo+riel' Meth
um
nnierehrewer„ re Ie+ien enl„
l� _
Dhormoeetin .Lol Drc)d veto
Drip+inn P. I i+henrenhv
Sawmi HS A
Winery, prodwG#9�
MEDWAtMeES
Health Cerl,ieeo,Over 4 !1!1!1 Ce C+
Veterinary Glinie
\/e+erinary f linie nhile _
Qe,+eeATIONA1 USES
Arts, Entertainment& Qeeree+inn /Cee+er 71\
Re+�nie�l(_nrrinno 4. Arhern+limo _
Gmn/Qetreo+Center
(_elf flrivine �nr! Dr-I n+inn Q�nrleo _
Guest R..„ I.
D�r�TUo�Dilhlrot
Qeereo+ienol Coeilitieo
Orange County, North Carolina—Unified Development Ordinance Page 5-18
Article 5: Uses 116
Section 5.2:Table of Permitted Uses
NOTE:Applications for Conditional Zoning Districts must list specific uses fer consideration/approval
use
Race Track (Motorized etc.) and Go Kart Track Facilities
RESIDENTIAL USES
Dweuing•, Mebile ueme
Dwelling; Multiple Cami1„
nDWeI�l"Rg;Single-Family
Dwelling;Twe_Camily _
Family ra e umme
Group Care FaGMy
Rnh-chili+n+ivn/'`ern Cnnili+�i _
Reside +in�eettel (Fraternities, Sororities, and De mi+nrino
Rn g MG �
Temnerary Residential I Inc+
TELECOMMUNICATIONS
T-e'eSOmmanl6&t"'n Tnulnr—Stealth /75 feet n shorter\
Telecemm ea+inn TeWers /150 fnn+in height n shnr+ _
Telecommunication Tewers !greater than 150 in height)
TEMPORARY I Icon
944d nqls, Der+able
Temnnrary Mobile Heme (Use during n no+nln+inn/installertier, of
permanent residential winit and fer 30 days fnlleWing is of
TRANSPORTnTIGN
Ri Is Passenger Chel+nr
RBIs Terminals &Garages
Meter Freight Terminals
(\An+er\/nhinln Qnnair(_amen _
Meter VehiGle Sales Rental
(\An+er\/nhinln Cn s C+a+inns _
Parking As PrinEiplUse S:;faeeOr StFUGtUre
Re+relei Im Rrnd�lets• Ctnrage 4. pis+rihi I+inn
Rnstal A. Rareel Delivery Cer„inns
v I
IIT
Trcn-rcv
Clella+ed\A/a+er C+nrage Tanks
Public Utility Stations Sub Stations,
Telephone Exchapxjes,Water& Sewage Treatment Mants
Orange County, North Carolina—Unified Development Ordinance Page 5-19
Article 5: Uses 117
Section 5.2:Table of Permitted Uses
NOTE;Applications for Conditional Zoning Districts must list specific uses fer consideration/approval
Cleo+ric (_ate and I in..id Fuel Transmissien Lanes
\Nester 4. Sanitary Cewnr D�imninry _
Solar Array.—I a e Cacili+��
Solar Array Rub��y
INACTG MANAGEMENT
ENT
Landfills (2 Acres r Mere\
I andfills (I n s Than 2 Acres\
�Aanaeemen+Facility; Hazardous A Toxic
MISCELLANEOUS
Accessory Uses
A'Fpoo FtG,GeReral A""+'evrn'r W elipwts, S..vl.
Assembly Facility Greater Than300 Occupants A
Assembly Cacili+v I n s Than 3G !feelmasts
C htt wnh
btt1a5-er g16; Cecial• Fraternal er I Inien(Yi 1hhe,ises _
Gemmunity('enteHisteric r
TSites TNon TRc �mrmr Use
- -
InfE)FR;atien /Santa.5 1
Research Facility
Research I ands 4. Ins+alla+iens Alnn_nr&W
Rural Heritage M useu rn
Rum! Special Cven+s _
22
22 As previously identified by staff all 3 existing table of permitted uses(i.e.general use zoning,economic development,conditional zoning)are being merged into a universal table.
Orange County, North Carolina—Unified Development Ordinance Page 5-20
Article 5: Uses 118
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(RE •
ZONINGDEVELOPMENT
USE TYPE GENERAL USE
use may„ot be perm;t as--a Conditional pse stret;See Sesten 5-1. �
A 25
Allowed as more than ene PHRGipal use if IGGated en a bena fide farm (see SeGtm()R 6.2.5�
AGRICULTURAL USES26
1 27
Agricultural Processing Facility *A *A *A -A *A
2 Agricultural Processing Facility, 2t0 2tA *A *A �0 ,A A
Community- - - - - - - -
3 Agricultural Services Uses
4. Cold Storage Facility A *A *A *A *A
5. Community Farmers' Market- *A *0 *0 *0 *A *A *A *A *A
6 Composting Operation-,no A ,A
FiRdi g -_
ITIPOStiRg Operation, with grinding
29 A -
Cooperative Farm Stand A *A *A *A *A *0 *A *A
u. Equestrian Center A *A
9 Farm Equipment Rental, Sales Ik0 *A �A *A *A *A
and Service -
10. Farm Supply Store *0 *A *A *0 *A *A
11. Feed Mill *0 *A *0 *A
Greenhouses with On Premises
12. *0 'A *0 *0 *0
Sales-
23 Staff is anticipating a change in State law that will eliminate the 'Conditional Use' review and approval construct(i.e.approving a specific land use with a rezoning request and issuance of a Special Use Permit). The process is still being referenced as the anticipated
change in State law has not occurred. The process is listed for several uses allowed within the Economic Development general use zoning districts. This matter will be handled in a future ordinance amendment process.
24 Please note it is staff's intention to seek authorization/guidance on the consolidation of existing zoning districts in preparation for a future UD text amendment.
25 After conferring with the County's Attorney office, it was determined the use of symbols to denote development opportunities/constraints(i.e. uses prohibited for development through the Conditional Use permitting process or allowed as more than 1 principal
use on a bona fide farm)would not meet legal sufficiency and could create confusion. Symbols,from here forward,shall only be used to denote the review/approval process of a given land use. Staff will be adding language in Article 5 spelling out these
allowances/limitations for each individual land use.
26 At this time staff is not anticipating any major changes/modifications to these land uses. A question has arisen on the need to include 'Crop Production-Not on a Bona-Fide Farm' in the table. Staff does not believe it is necessary at this time.
27 In reviewing the table with the County's Attorney Office it has been suggested we number individual land uses to provide additional clarity.
28 Refer to Footnote 19 for explanation.
29 Staff is recommending'Composting Operations' be combined into 1 land use category with specific language in Article 5 outlining when grinding operations will and will not be allowed and what standards said operations will have to abide by.
Orange County, North Carolina-Unified Development Ordinance Page 5-21
Article 5: Uses 119
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use be-perm;Red as a C^^a,<<o,al Use DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtion 6.2.5)
1 Meat Processing Facility, AAAAA "A A
Community-^ - - - - - -
14. Meat Processing Facility, A `A
Regional
15 Non-Farm Use of Farm , 'A *A
Equipment"- - - - -
16. Stables, Commercial - B B B B B B °A 'A
17. Stockyards/Livestock Markets
A
G1416ECARE&EDUCATIONAL FACILITY USES+ES30,31
18 Center in a Residence for eta ,A .0 .0 A -0 -A 0 -A ,0 2tA 2tA 2t0 -A -A
19. Ch"d_Care Facilityfes B B B B B B B B B "A 'A °0 '0 '0 '0 B*33 B*
20. Libraries Library34
35 A
Schools:
21. AAesioPerforming Arts, Sports, S
and Recreation"
Schools: Elem,,pt-ap, nn„�,1i P. A A *A39 22. SeeordaryF eparatorV3s A A A A A A A A A A 0
30 After conferring with the County's Attorney office,staff is eliminating the word 'child'to ensure the category encompasses both 'adults' and children'. This is also part of the direction staff has received to consolidate land uses where possible to avoid a
complicated,exhaustive,table of permitted uses.
31 In order to avoid confusion,staff is no longer recommending we re-organize the proposed table,and applicable land use development standards throughout Article 5, alphabetically. Both staff and the County's Attorney office believe this will create unnecessary
confusion for those reviewing the document. Staff will be completing a future revision to re-organize use categories and regulations alphabetically after action to adopt the revised table has been taken by the BOCC. This will also allow staff the opportunity to work
with Planning Board and BOCC members to simplify/modify/update existing land use regulations.
32 Staff is recommending eliminating references to 'child care' and allowing for care of children, adolescents,and adults as part of this existing land use category. Language is being added to Article 5 to address distinctions,where necessary, and required amenities
for the care of a broad spectrum of client. This is being done consistent with direction from BOCC members to consolidate,where possible,similar use types to simplify the table and eliminate redundancies.
33 Staff is recommending we modify the table and allow for'Care Facilities'to be permitted by right within the EDB-1 and EDB-2 zoning districts consistent with the Eno Economic Development district.
34 There is no need to refer to a use type in the'plural'sense. As a result,staff is editing existing language.
35 Staff is recommending the land use be eliminated. To our knowledge we have no such uses in existence and are unsure what the intent of the use was when created.
36 Staff is proposing new terminology and definition to expand the use type to include additional activities such as art, music, dance schools, karate studio,etc.
37 Staff is recommending the use be permitted by right in the EDB-2 zoning district. There is no rationale to allow the use within the EDB-1, EDE-1,and EDE-2 zoning districts as a permitted use and not do the same for the EDB-2 district.
Orange County, North Carolina-Unified Development Ordinance Page 5-22
Article 5: Uses 120
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use be-perm;Red as a C^^a,<<o,al Use DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtion 6.2.5)
Schools: W;A;#'AAatTechnical
23. �0 0 0 A' &t A A A
0� LL� 0 0 0 0
Trade, and Skill Training
Schools: Universities, Colleges -
& Institutes
XTRACTIVE USES 42
25. Extraction of Earth Products 43 A A A A A
Government Uses
26. Government Facilities and
Office Buildings Except as 45 as
Identified Herein 4
26 A . Detention Center
sa$
Military Installations
26 (B). (National Guar -0 -0 -0 -0
QacoPia ArmA 49
Manufacturing,Assembly,and-Processing,and Distribution Uses-Food 50,51
38 The proposed use category would include pre-school to 121"grade.
39 Staff is recommending modifying existing allowances to require the issuance of a Class A SUP for a school in the EDE-1 general use zoning district to ensure consistency throughout the LIDO with respect to the permitting of said use.
40 The proposed land use category would include a community college,trade school,continuing education classes,etc.
41 After conferring with BOCC members, staff is recommending we allow the use within residential districts only with the issuance of a Class A Special Use Permit. This will ensure consistency with how'schools'are general treated within residential zoning districts by
the County. Staff is recommending modifying the existing'Non-profit Educational Cooperative' standards in Article 5 to establish standards for these uses.
42 The next use category in Section 5.2.1,the existing table,was'Commercial Uses'. As the Board is already aware, land uses within this existing category are now located, respectively,within the proposed new'Office', 'Retail'and 'Services' use categories as
identified herein.
43 The current definition of this land use does not permit the processing of materials'beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing'. Staff had originally recommended adding
language to spell out this distinction within the table. After conferring with the County's Attorney Office it was determined the distinction was not necessary as the County is choosing to limit all extraction operations to having no on-site processing of materials.
44 Staff has combined government offices/building and protective services (i.e.fire and police departments)into a single use category as they were predominately allowed in the same zoning districts.
45 Currently,the only Government Facility allowed within the LC-1 zoning district are office buildings and not protective services(i.e.fire and police departments). Staff is recommending protective services be allowed within this district.
46 Currently,the only Government Facility allowed within the EC-5 zoning district are protective services(i.e.fire and police departments). Given the purpose and intent of the district,staff is recommending the allowance be deleted.
47 In consultation with the County's Attorney office in instances where staff is attempting to identify specific land uses that are not considered part of an all-encompassing land use category,we will right justify text to signify
48 Staff has always viewed this use as a 'government facility'. Staff is recommending limiting where such a facility can be developed within the County as indicated herein.
49 As with several other land uses, it is likely a military installation is exempt from local land use regulation(s).
so Staff is proposing to merge the existing'Manufacturing,Assembly, and Processing' land use category from the Economic Development District(EDD)tables(Section 5.2.2 of the UDO)with Section 5.2.1. The existing land use category contained in Section 5.2.1,
especially those referencing allowable manufacturing/industrial land uses, is not very well defined. Staff has added uses consistent with the Planning Board and BOCC review of amendments to the Hillsborough EDD districts in the fall of 2016
51 Staff is proposing to break down land uses in the Manufacturing,Assembly, and Processing land use category to'Food'and 'Other'. The rationale behind the recommendation is to provide clarity to the reader and avoid unnecessary confusion.
Orange County, North Carolina—Unified Development Ordinance Page 5-23
Article 5: Uses 121
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use be-perm;Red as a Conditional se DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtion 6.2.5)
Manufacturing,Assembly,
27. Processing of Food Products Ass S4 Ass A ,s6
Except as Identified Herein z
Animal Feed
Preparation,
27 (A). Manufacturing,
Packaging, and
Distribution
Animal Slaughtering
27 (Bl and Processing,
Packaging, and
Distribution
27 C . Mich Yi B B A "0 "A "0 A A A A A *A *A
Seafood Preparation,
27 (D). Packaging, and
Distribution
Starch,Vegetable
27 E Fats and Oils
Manufacturing
Tobacco Processing,
Preparation,
27 F . Packaging, and
Distribution
27 G . Winery, predustien8 B B A 0 � � A A A A A *A 'A
04*5
Manufacturing,Assembly,and-Processing,and Distribution Uses—Other
52 This new use category'captures'existing uses listed in Section(s)5.2.1 and 5.2.2 respectively. Per BOCC guidance, and recommendations from the County's Attorney Office,staff is no longer recommending an exhaustive list of land uses within the revised table.
We are only recommending those uses that are only going to be permitted in certain districts or are going to be prohibited (i.e. no symbol denoting use is allowed in a district).
53 Staff will be recommending size limitations(10,000 sq.ft. building size)and use limitations in Article 5.
54 This is denoted as a text change as we are 'breaking out' manufacturing operations into new categories. Current regulations do not provide sufficient detail on what manufacturing operations would be allowed in these districts so it is being denoted as a text
change.
ss Staff is recommending adding language allowing Manufacturing of Food products in the ED13-1 and EDE-2 zoning districts subject to a building size limitation.
s6 Current regulations could be interpreted as not allowing for these uses in the EDH-4 and EDH-5 zoning districts. Staff is recommending they be included.
S7 Staff has combined Microbrewery(production only,with minor events,with major events) into a single land use category with language providing the necessary distinction as to what can and cannot occur in each individual zoning district.
58 Staff combined Winery(production only,with minor events,with major events) into a single land use category with language providing the necessary distinction as to what can and cannot occur in each individual zoning district.
Orange County, North Carolina—Unified Development Ordinance Page 5-24
Article 5: Uses 122
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use be-perm;Red as a Conditional Use DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtion 6.2.5)
Manufacturing, Assembly, and
28 Processing of Other Non-Food A
Products Except as Identified - —
Herein"
Chemical
Manufacturing and
28 (A). Processing—
Pharmaceutical and
Medicine
Chemical
Manufacturing and
28 (13). Processing—Other
than Pharmaceutical
and Medicine
Concrete Processing,
28 (Q. Preparation, and
Distribution
Converted Paper
Product
28 Manufacturing,
Assembly, and
Processing
Firearm
28 (E). Manufacturing and
Assembly
28 F . Foundries
Leather and Allied
28 (G). Product
Manufacturing
Leather and Hide
28 H . Tanning and
Finishing
S9 This new use category'captures'existing uses listed in Section(s)5.2.1 and 5.2.2 respectively. Per BOCC guidance, and recommendations from the County's Attorney Office,staff is no longer recommending an exhaustive list of land uses within the revised table.
We are only recommending those uses that are only going to be permitted in certain districts or are going to be prohibited (i.e. no symbol denoting use is allowed in a district).
60 As with 'food manufacturing' staff will be recommending size and use limits for the El and 11 zoning districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-25
Article 5: Uses 123
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
Use be perm.' C^^a,<<o,al Use DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGt1on 6.2.5)
28 I Metal Fabrication A*
Shop
Ammunition
28 (J) Manufacturing,
Packaging, and
Distribution
Paperboard
containers and boxes
28 (K) Manufacturing,
Assembly and
Processing
Petroleum and Coal
Product Processing,
28 (L). Preparation and
Distribution
28 M Printing and ,62
Lithography
28 N . Pulp, Paper,and
Paperboard Mills
Research aad
28 Facility with A*
Manufacturing
€aeilit
28 (P) Recycling of
Materials
Sawmillss3 0'
Medical Uses
61 This would include refineries,asphalt plants, asphalt paving/roofing materials, lubricating oil/grease manufacturing,etc. Staff is not currently recommending the uses be permitted.
62 Given the nature of the land use,staff is recommending it be moved to the low intensity districts(ED13-1 and EDE-2).
63 This is an existing land use that staff is not recommending any changes to.
Orange County, North Carolina—Unified Development Ordinance Page 5-26
Article 5: Uses 124
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use be-perm;Red as a C^^a,<<o,al Use DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtion 6.2.5)
Medical Uses Except as A�9• Identified Herein A A A A*- A- 0-
29 (A). Hospital
29 (B). Veterinary Clinic B A' 0' 0' 0' * * * * * * S s * 0* A*
29 (C). Veterinary Hospital * * * * * * S s * 0*
Office and Financial Services Uses 67
30. Office and Financial Services 0 �* 0 0 *
Except as Identified Herein — — — — — — - - -
Building/Trade
Contractors Office
30 (A)• with Equipment A
Storaae Yard
30 (B) Pawnshop or Payday
Loan
Research Facility—
30 C Without A* A* A* A* - - - - - - - -
Manufacturin
Recreational Uses 4
64 Current standards limit the sizes of'medical uses'to buildings under 10,000 sq.ft. and over 10,000 sq.ft. Staff will be recommending standards in Article 5 only permitting Medical Uses within the LC-1 and NC-2 zoning district(s)that are a maximum of 10,000 sq.ft.
in size. Within the remaining districts,size limits on buildings will be based on compliance with applicable dimensional standards.
65 Staff is recommending we treat the use the same as EDE-2. Staff does not see a reason why it should not be permitted within EDB-2 as well.
66 As with Veterinary Clinics(footnote 41)staff is recommending amendments to ensure consistency between the Buckhorn and Eno Economic Development Districts.
67 This use category combines'Offices and Personal Services'from the Commercial Use category in Section 5.2.1 and the'Offices'from the Services Use category in Section 5.2.2 and combines them.
68 This new use category would include professional offices(i.e. realtor,attorney,engineer, etc.),financial services(i.e. banks, insurance agent,etc.), building contractors without on-site storage, etc. it does not include health/medical services,which are captured
under a separate land use category.
69 As with other land use categories,staff will be incorporating existing standards governing development of professional offices in various zoning districts. This includes square footage limits(LC-1 and NC-2 will have a max limit of 10,000 sq.ft.for structures)as well
as use limitations. This might include bans of drive-thru facilities in certain zoning districts.
70 Staff is recommending the creation of this distinction to limit where contractor's office requiring on-site storage of equipment can be located. As recommended,they would only be allowed in the most intensive non-residential zoning districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-27
Article 5: Uses 125
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
Use may notbe-permitted as a C^^a,<<o,al Use DistrictSee Section 5�.4(E)
A 25
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see Section 6.2.5)
Botanical Gardens&
31. Arboretums
/Retreat Center
32. Cam p B B B
Golf Course A A A A A A A A A A A A A A A A A `71
Golf Driving and Practice
34. Ranges B
Guest Ranch72
36. Parks Pudlis
37 Race Track Facilities 73 A"
38. Recreational Facilities B B B B B B B B B B B B B B
Sweer,sf-,ke Q fn/Rader74
4� Theater 75 A - 7�
�-rrcaccr — — — —
Residential Uses
34 Campground 77 A°
424 Dwelling; Mebile Manufactured
n Home
71 Staff is recommending this use be deleted from being permitted within the HP-CZ zoning district.
72 The County's Attorney office still has concerns over this land use. Staff is continuing to review the matter.
73 Please note this land use category included motorized (i.e. race car,go-kart, etc.)or animal (horses,dogs, etc.) racing activities.
74 Staff had originally included this use to address sweepstake business operations. The County Attorney office has expressed concern(s)our listing of the use in the table could create a conflict with State law,which currently bans these types of uses. To address the
concern,staff is recommending deleting the use as reported at the March 6, 2019 Planning Board meeting.
75 Use has been moved to the'Assembly' land use category.
76 The recommendation is that this be changes from a Conditional Use to a permitted use to ensure consistency with the various economic development districts.
77 Staff is including this language to ensure consistency with recent changes in the UDO allowing for the development of a Home Park with recreational vehicle spaces.
Orange County, North Carolina—Unified Development Ordinance Page 5-28
Article 5: Uses 126
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
Use may notbe permittedas a Conditional Use District; ee Section 5�.4(E)
A Allowed as more than one principal useif located on a bona fide farm (see SeGt1on 6.2.5)25
4-34 Dwelling; Multiple Family-78 0* 0'
44 Dwelling; Single-Family
42
4:�: Dwelling;Two-Family
43
4ra-. Family Care komeFacility79
44
4:L Group Care Facility B B B B B B B B B B B B B B B B 0"
45
4MGroup Home80 B B B B B B B B B B B B B B
49-. Health and Personal Care
47 Facility 82 0° 0' A* 0* A* 0' 0' �' A*
4495 Recreational Vehicle 83
0.
Rehabilitative Care Facility84
Res.,Rtialcrnml Hotel - Dermi
54-. Fraternity, Sorority qnrl A A A A A
Religious Quarters-
85
524 Rooming House
9.
Temporary Use of Residential
0 0 0 0 0 0 0 0 0 A A A A
50 Mobile Unit
AUTOMOTIVE/TRANSPORTATION
545 Airports, General Aviation, A
1. Heliports, S.T.O.L f A A as A A A
78 Language is being added to Article 5 indicating multi-family residential development(s)within the EDH-3 general use zoning district observe a density of 6 to 12 units per acre. This is consistent with the existing allowances contained in Section 5.2.2 of the UDO.
79 Changing nomenclature to be consistent with how the term is defined.
80 This is a new land use category, intended to address situations where 7 to 15 people desire to live together but that living situation does not require a State license to operate. This disconnect we have now is that an 'unlicensed' Group Care Facility can go virtually
anywhere based on the new construct of the table of permitted uses. This new land use category addresses this issue.
81 A proposed new land use incorporating nursing home, assisted living facilities, etc. Staff is recommending the adoption of new land use development standards in Section 5.5 and a new definition in Article 10.
82 Originally,a Rehabilitative Care Facility was permitted within the LC-1 general use zoning district. Staff has recommended deletion of the use as being inconsistent with the overall intent and purpose of the district as currently defined in the UDO.
83 Staff is specifically listing this use in the table to properly denote where same is allowed to be located.
84 Rehabilitative Care Facility is an existing land use staff had originally recommended keeping in the revised table. Now staff is recommending it be included within the Heath and Personal Care Facility use category.
85 This use is recommended for deletion. Staff and the Attorney determined the use conflicted with other defined residential land uses. Those desiring to develop a Dormitory, Fraternity, or Sorority will be treated like a multi-family residence.
86 Temporary Use of Residential Mobile Units are regulated in accordance with the provisions of Section 5.4.4 of the UDO. Staff is recommending making specific reference(s) in the permitted use table.
87 Moved from the Miscellaneous use category from Section 5.2.1.
88 Staff has highlighted the residential districts to denote the are recommended for deletion. After conferring with several BOCC members, it has been determined the land use should only be permitted within the identified Industrial zoning districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-29
Article 5: Uses 127
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use may notbe permittedas a C^^a,do,al Use DistrictSee Section 5�.4(E)
A Allowed as more than one principal useif located on a bona fide farm (see SeGt1on 6.2.5)25
5& Bus and Rail Passenger
52 Shelter
56. Bus Terminals&Garage - A' &* &t �t 90 A� &t
53
Motor Freight Terminal &t &* &t &t &t A" &t
54
59-. Motor Vehicle: Maintenance and
55 FepaoF(bedy Gha 9i
Motor Vehicle: Repair Garage 92 *A *Q
56 - -
576 Motor Vehicle: Sales/Rental "A 'A 'A *A 'A "A "A A A` A' A A
586 Motor Vehicle Service Statiens93 *A A A A A
--
6 Parking
59 As Principal i G 94 95 _
6
60 and Delivery_96 97 - - - - -
64 Postal & Parcel Delivery Service
61. 98
Retail Uses 99
89 Staff has added language from Section 5.2.2 referencing the development of'Rail' passenger shelters as well as'bus passenger shelters'. The term 'and Rail' is highlighted as a change as we are combining 2 existing land use categories into 1 central category.
90 Staff is recommending this become a permitted use of property consistent with the Economic Development Eno High Intensity District as well as other general use zoning districts.
91 Strikethrough text reflecting County Attorney comments and staff decision to provide for greater distinction between the existing motor vehicle land uses.
92 A repair garage involves fixing'the guts' of a car.
93 This land use will now be considered a 'gas station'.
94 The land use is current listed in this category in the EDD districts as Surface and structure parking as principal use. There are other standards associated with development as well. These standards are being moved to the appropriate section of Article 5.
95 Staff is eliminating language referencing this as a principal use as it is self-evident given its listing in the table of permitted uses.
96 Staff is recommending a definition for this activity to clarify what is allowed.
97 This land use was moved out of the automotive/transportation category to the Services land use category.
98 Staff is recommending the following definition of this term: The delivery of parcels,packages, or high value mail as single shipments.
99 This is going to combine the 'Commercial' land use category contained in Section 5.2.1 and the'Retail'category contained in Section 5.2.2 of the UDO.
Orange County, North Carolina-Unified Development Ordinance Page 5-30
Article 5: Uses 128
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
Use may not be permittedas a C^^a,<<o,al Use DistrictSee Section 5.1.4(E)
A 25
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtion 6.2.5)
6-5-. Retail Uses Except A
62 as Identified Herein '.. 1a1 A A A A
6662 Country Store102 A A 0 A*
L1
SERVICE 11SES
666 Service Uses Except as
3. Identified Herein
66 Body Art(Tattoo,
63(A). Body Piercing, etc.) -
6663 Car Wash
63(C�-1-1 Cemetery B 1P B B B B B B B
-6663 Crematoria 105
6663 Eating and Drinking A A A*
Establishments
6663 Funeral Home 07 A 1a A - -
66
63G .
Garden Center A A A A A
-
6663 Massage Business A A
LL
Short Term Rental
6663 Small—Host A A A
a Occupied — —
100 As currently envisioned,there will be general development standards for retail uses eliminating the need to list out specific activities/land uses including: County Store, Mail Order Houses, etc. Staff is attempting to collapse all individual retail land uses into this
central all-encompassing land use category.
101 Staff will be recommending size limitations on buildings within the LC-1, NC-2, and EC-5 zoning districts consistent with existing regulations.
102 Staff is recommending the use be allowed to remain to avoid potential impacts to previously reviewed/approved agricultural service amendments.
103 This is an all-encompassing category that will allow grooming services(i.e. beauty/barber shops,day spa, etc.), personal services(tailor, laundry, dry-cleaning, etc.)and other personal service uses.
104 A cemetery is current listed as a 'permitted use' of property within the AR general use zoning district yet it is required to obtain a Class B Special Use Permit in other residential districts. Staff is proposing to amend the table and require a Special Use Permit for a
cemetery, as a principal use of property, in the AR district.
10s Existing land use under the Miscellaneous land use category being moved.
106 This is intended to take the place of 4 existing'Restaurant' use categories and the'Nightclub, Bar, Pub' use category from Section 5.2.2. Article 5 is being modified to establish size limits, regulations governing the type of facilities within various districts, etc.
107 Staff is modifying existing regulations to ensure there is a distinction between were on-site crematoria facilities will and will not be allowed.
108 Staff is proposing to allow a funeral home with on-site crematoria facilities to develop in the identified industrial districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-31
Article 5: Uses 129
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
Use may nottee-permi Conditional se DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGt1on 6.2.5)
Short Term Rental
6663 Large-Host A A
Occupied
-6663 Short Term Rental= A A* A A109 At A2t A� At A2
K .
Non Host Occupied — — — -
-6663 Junkyard/Salvage A A A
Yard
-&663 Kennel Class II B B B B B B B B
-&663 Petroleum Product
(N). Storage And
Distribution 110
6663 Sexually Oriented
u Businesses
-6663 Storage of Goods 111 A *A *A *A 'A -A0 -A A A
6663 Taxidermy B 0" 0' A* A* L' A*
TELECOMMUNICATION USES
676 Telecommunication Tower(75 2tA �A 2tA *A 2tA 'A "A "A *A �A �A "A "A "A �A 'A "A "A �A �A �A A A
4. feet or shorter) - - - - - - - - - - - - - - - - - - - - - -
Telecommunication Tower
(Over 75 feet to 2-GO1 Q�less 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
65 than 200 feet in height
696 Telecommunication Tower(200 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
6. feet and higher)
6 7 Ham Radio Towers 113 A A A A A A A A A
UTILITIES'14
109 Staff is recommending a 'Overnight Accommodation' (formerly the hotel/motel land use) be permitted within the EDB-2 general use zoning district consistent with allowances in the EDE-2 general use zoning district.
110 Existing land use moved from the Automotive and Transportation use category to the Service category.
i11 Staff is modifying existing regulations to clarify in which districts the storage of goods indoors,outdoors or both will be allowed rather than have multiple, independent, use types within the revised table.
112 Modification of existing language to ensure consistency. Specifically what'height' of tower has to be permitted through the various review processes(i.e. staff review,Class B Special Use Permit, Class A Special Use Permit).
113 New language being proposed in an attempt to address the development of private ham radio towers on residential properties within the County. Height limit recommended is consistent with existing allowances within State law.
Orange County, North Carolina-Unified Development Ordinance Page 5-32
Article 5: Uses 130
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(RE •
DEVELOPMENTGENERAL USE ZONING DISTRICTS24 ECONOMIC
USE TYPE
Use be permitted as a Conditional Use DistrictSee Section 5�.4(E)
A 25
Allowed as more than one pr.nG!pal use if located on a bona fide farm (See SeGtion 6.2.5)
68 Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B B B B B ,g
68 B
Public Utility Stations &Sub-
7-2-. Stations, Switching Stations, 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 '
69 Telephone Exchanges,Water&
Sewage Treatment Plants
Electric, Gas, and Liquid Fuel B B B B B B B B B B B B B B B B B B B B B B B
70 Transmission Lines
74 Water&Sanitary Sewer
71 Pumping
Solar Array—Large Facility B B B B B B B B B B B B B B B B B B B B B B B
72
737 ' Solar Array—Public Utility A A A A A A A A A A A A A A A A A A A A A A A
WASTE MANAGEMENT USES
74
Landfills (2 Acres or More) - A A A A A A A
Landfills (Less ThaR 2/Gres) _ 16 9 9 9 9 9 9 9
Waste Management Facility; A A A
75 Hazardous& T-,oxic
Wholesale Trade Uses 117
Wholesale Trade^f n� ��h'� s
76 Goeds - - - - - - - - - -
89. Goods-
Assembly Uses
114 Staff is keeping regulations governing the development of'utilities'the same for the time being. We are working with the County's Attorney Office to ascertain if we are, in fact, pre-empted to require local permits for activities regulated by the State Utility
Commission.
115 Staff is recommending changing the review process within the EDH-4 and EDH-5 general use zoning districts to be consistent with the review of similar projects in other Economic Development general use zoning districts.
116 Staff is recommending these land uses be combined with new language added in Article 5 and require approval of all landfill operations through the Class A Special Use Permit process.
117 Staff has collapsed this use category,which originally had approximately 12 to 14 individual land uses into a single land use category.
118 Originally,staff had recommended 2 land uses,specifically 'Wholesale Trade of Durable Goods'and 'Wholesale Trade of Non-Durable Goods'. After meeting with the County Attorney,these will now be combined into a single land use category. This was approved
by the Planning Board at its March 6, 2019 regular meeting.
119 Staff is recommending the uses be permitted within the EDH-4 and EDH-5 zoning districts.
120 This has been combined into a single land use category called 'Wholesale Trade of Goods'. Staff is no longer recommending a distinction between durable and non-durable goods.
Orange County, North Carolina—Unified Development Ordinance Page 5-33
Article 5: Uses 131
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use be-perm;Red as a C^^a,<<o,al Use DistrictSee Section 5�.4(E)
2s
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see Section 6.2.5)
Club or Lodge; c^^^�' Fraterpa4 C#* C# C#* G#
77or 121 122 123 122T_ 123
78 Community Center B B B B B B B B B 1122a A125 A* A
79 Rural e-Museum 126 B B B B B �-
Place of Worship A A A A A 0 A A A A A 0 0 A 0 0 0 0 0 0
B B B *128
80. Retreat Center f27 - - - - - - -
81 Rural Special Events 129 0 Q 0
82 Special Events—150 attendees 0* �* 0*
or less — — —
83 Special Events—151 attendeeso
or more
131
84. Theater 132 133 - - - - - - -
Miscellaneous Uses
121 Highlighted for illustrative purposes. Staff will be recommending the adoption of development criteria for Clubs or Lodges developed within a Residential Zoning District in a future LIDO text amendment package.
122 Staff is recommending the use be permitted by right in the low intensity Economic Development Zoning Districts rather than required to be processed as a Conditional Use Zoning District application (i.e. rezoning and Class A Special Use Permit).
123 Staff is recommending the Club or Lodge land use not be permitted in our high intensity Economic Development Zoning Districts.
124 Staff is recommending a Community Center be allowed within the EDB-1 and EDE-1 general use zoning districts as a permitted use,consistent with other similar non-residential general use zoning districts.
12s Staff is recommending a Community Center not be permitted within the EDB-2 and EDE-2 general use zoning districts. The use is not deemed compatible with the higher intensity commercial/industrial land uses permitted within these districts.
126 Staff is taking the existing Rural Heritage Museum and combining with a new land use category simply entitled Museum. This way if the County ever elects to have something other than a 'Rural Heritage Museum'the category will exist. Article 5 is being modified
to ensure the standards associated with the existing use category are applicable in the identified zoning districts.
127 Retreat Center was moved to the Assembly land use category. Permit processes stay the say(i.e. Class B Special Use Permit).
128 Consistent with a request from the Planning Director,Retreat Centers are now listed as permitted uses within the NC-2,CC-3,GC-4, EDB-1, EDE-1, and EDH-4 general use zoning districts. This was approved unanimously by the Planning Board at its March 20, 2019
special meeting.
129 Moved from the Miscellaneous land use category as detailed in Section 5.2.1 Table of Permitted Uses—General Use Zoning District of the current UDO to the new Assembly land use category. Standards shall be contained in the new Section 5.18 of this Ordinance.
130 Staff is looking for feedback on where such uses would be allowed.
131 This land use was moved from the'Recreational' land use category. Staff is proposing to combine several,existing,categories dealing with a theater(i.e. movie, performing arts center,drive-in theater, music hall,etc.) into a central land use type.
132 Staff is recommending the use be deleted from the EDB-1 general use zoning district to be consistent with the methodology on allowing Theater land uses within the Economic Development general use zoning districts.
133 The recommendation is that this be changed from a Conditional Use to a permitted use to ensure consistency with the various economic development districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-34
Article 5: Uses 132
Section 5.2:Table of Permitted Uses
TABLE OF
CONDITIONAL USE(REZONING&
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Use may not be-permitted as a Conditional se DistrictSee Section 5�.4(E)
25
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGt1on 6.2.5)
Aeeessery I Ises134 - - - - - - - - - - - - - - - - - - - -
Airner+a General Ayia+ien uelinerts
T- 135 A A A A A A
Assembly Canil.t y Greater Than 300
Assembly Canilit y Less s Than 300 136
GeMeter 137 -
Church 138 - - - - - - - - - - - - - - - - - - -
* * * * * * * * * * * * * * * * * * *
Clubs or Ledges;
y
Fraternal or
139 - - - - - - - -
Community Ge 140 9 9 9
Crematoria�-141
ResirJer,+ial/C\Ai.yerf I Isr_,142 A A A
Kennels, cc Qa�s 1143
cnrrcr
Research and manufaGtUring Cavil of y144
Relsearsh Canili+ ,v144 - - - - - - -
858 Research Lands & Installations,
Non-profit
Rural Heritage Museum145 $ $ $ $ $
134 After conferring with the County's Attorney office it was determined the revised table of permitted uses should be reserved for principal uses of property. As a general rule all land uses are allowed to develop 'customary and accessory' uses. There is no need to
spell out same with the table.
135 Moved to the Automotive and Transportation use category.
136 Both uses are now considered to be located within the new'Assembly Use'category.
137 Moved to the new'Service Uses' land use category.
138 Moved to the new Assembly Use category. Name changed to 'Place of Worship'.
139 Ibid.
140 Ibid.
141 Use has been moved to the new'Service Uses' land use category.
142 Staff is recommending the use be eliminated. There was only 1 use permitted under this process,which has since expired and is no longer in operation. There is no easy way to define what exactly is permitted/un permitted creating issues of legal sufficiency.
143 After continued review there is no apparent need to continue to list a Class I Kennel as a permitted use. As currently listed, a property could be developed to house less than 20 animals as a permitted land use,which was not the original intent. Maintaining the
category creates confusion.
144•Research and Manufacturing' has been moved to the Manufacturing land use category. 'Research Facility' uses have been moved to the Office land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-35
Article 5: Uses 133
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
Use may not be permitted as a Conditional Use
*= PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS24 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA-
RB AR R1 R2 R3 R4 R5 R8 R13 LCi NC2 CC3 GC4 EC5 RM AS EI I 1 12 13 PID 1 2 1 2 1 2 3 4 5 CZ CZ CZ CZ-1
■
includedistriGt; See Section 5.1.4(E)
25
Allowed as more than one pr.nG!pal use if located on a bona fide farm (see SeGtIon 6.2.5)
145 All three uses are now . use category.
•range County, North Carolina—Unified Development • .. 5-36
-
Article 5: Uses 134
Section 5.3:Application of Use Standards
SECTION • OF DA' D
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 Further, the applicant shall have the burden of
persuasion on those issues ; and
(2) The Board of County Commissioners or Board of Adjustment shall make written
findings certifying compliance with the specific rules governing such individual
Special Use and that the use, which is listed as a Special Use in the district in
which it is proposed to be located, complies with all required regulations and
standards including the following general conditions:
(a) The use will maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated
according to the plan as submitted;
(b) The use will maintain or enhance the value of contiguous property (unless
the use is a public necessity, in which case the use need not maintain or
enhance the value of contiguous property); and
(c) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located and
the use is in compliance with the plan for the physical development of the
County as embodied in these regulations or in the Comprehensive Plan,
or portion thereof, adopted by the Board of County Commissioners.
(B) Specific Standards
In addition to the general standards stated in Section 5.3.2(A), the following specific
standards shall be addressed by the applicant before the issuance of a Special Use
Permit:
(1) Method and adequacy of provision of sewage disposal facilities, solid waste, and
water.
(2) Method and adequacy of police, fire and rescue squad protection.
(3) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
(4) Other use specific standards as set forth herein.
146 The amendment,denoted utilizing Red Bold Underlined Yellow Highlighted text, is designed to ensure legal
sufficiency of the Ordinance. At its March 20, 2019 special meeting,the Planning Board voted 7 to 1 to
recommend approval of the UDO amendment package with this highlighted language eliminated. Staff, as well as
the County Attorney, recommends the language remain and the BOCC approve the packet as presented.
Orange County, North Carolina—Unified Development Ordinance Page 5-37
Article 5: Uses 135
Section 5.4: Standards for Temporary Uses
SECTIONFOR • .
5.4.1 Yard Sale
(A) General Standards for-of Evaluation 147
(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 Evaluation148
(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 Standards149
(1) Standards for all Special Events
(a) Shall not occur more than seven days in a 30-day period or more than 50
days per year."
(4-)(2) 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 EvaluatmenSubmittal Requirements
(1) The application shall include_
(a) A plot plan, drawn to scale, 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,
htin , and signage;�5
(b) -aA 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;
(c) Written comments from the Orange County Health Department,
Division of Environmental Health regarding the adequacy of plans
147 Staff is recommending modifications in existing wording to ensure consistency in identifying general use
standards,submittal requirements, and standards of evaluation. This will make Article 5 easier to understand and
follow. Please note staff is not recommending a comprehensive revamping of existing standards of evaluation or
submittal requirements at this time. Future amendments will address these changes.
148 Ibid.
149 Consistent with advice from the County's Attorney office we are creating/identifying a general 'use standards'
section for various land uses. This was predicated on limiting the use of symbols in the table of permitted uses to
only signifying review processes. Currently,the table utilizes symbols to identify development opportunities and
constraints. These regulations and allowances are now being moved to the various impacted land use standards in
Article 5.
150 This is existing language from the definition of a 'Special Event' in Article 10. After conferring with the County
Attorney, it is more appropriate to have this limitation denoted within Article 5.
151 Bold Red Underlined text denoting existing language from Section 5.4.3 being relocated.
Orange County, North Carolina—Unified Development Ordinance Page 5-42
Article 5: Uses 136
Section 5.4: Standards for Temporary Uses
restroom facilities and food preparation/handling arrangements;
and
{-a)(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) The plot plan shall be aGG9MpaR*ed by written approval from the Grange Geynty
Dovosmen of Environmental Health regarding the adequaGy of the water supply and
wastewater disposal;
(3) The plet plan shall havewritten approval from the Orange County Ciro Marshal;
(4) The applicant shall submit aGGPY of nntifica+inn sent to the Grange County
Sheriff's department stating the type of events number of participants date(s)
i r and hors of operation, and emergency contact information A location map
must he 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 aGtiVity Will eeswr eR ne mere frequently than even days in a 30day peried, and en ne more than 50 days per year; and
(7) Signs shall be permitted on aeeeran^woe^+inn 6.12.11(D)
Permit"
(1) Submittal Requirements
`•, In addition to the information required by Section 7 7 the following information
shall he supplied as port of the application for approval of this use:
(a) A written description of the exact type of event planned the mov'm m
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 parkins lighting, and signage•
, , , , ,
(b) Asite plan showing the boundaries of the area to be uSed for the events,
the Iocatlons of access points parking, sevce areas, acvy areas,
, rkin , ri tiit
restrooms so waste sposaecycg aces lighting, a signage,•
, lid di l/r lin f iliti , and
/e atten esr�xen he Orange County Health Department, divis+onl
of Environmental Health regarding the adequacy of plans restreem
facilities and food preparation/handling arrangements; and
(d) Written, omments from the Orange County Fore Marshal and Sheriff's
Department regarding the adequacy of parkins access or other factors
relater! to public safety.
(D)JqLStandards of Evaluation
(1) 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.
persons.(2) The maximum number of partiGipants at any given tome at any event shall be 150
153
(a) The proposed aGti my WillooEGLjr no mereFrequently than seven days in —a
30-day period and n no more+hop 501 daysays per year. 154
152 There is not a district where a Class B Special Use Permit is required for a Special Event.
153 This is now addressed in the actual table of permitted uses.
154 Moved to Use Standards as contained herein.
Orange County, North Carolina—Unified Development Ordinance Page 5-43
Article 5: Uses 137
Section 5.4: Standards for Temporary Uses
(b) s shall he permitted ' rdance with Section-f3.12.11(D) of this
�� T.ir,u.,--roc-per-��-rr �rr'aF.F.o,vai-rcc vvrrr-v of this
Ordinance.
(3)(2) All parking shall be on-site.
(3) Noise levels at the area thespeEialUse,Pe;mit 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.
(4) No Special Event shall begin before 7:00 a.m., or extend beyond midnight.
(5) 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.
(a) Sp
ecial pecial Use Permit shall he valid for no more than one yeaF.
5.4.4 Temporary Use of a Res'id`"eennttial 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 T55
(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.
(b) The temporary building shall not be used by operations offering drive-in
services.
Zss As previously indicated staff is proposing minor changes to ensure clarify with respect to what is required for
given land uses.
Orange County, North Carolina—Unified Development Ordinance Page 5-44
Article 5: Uses 138
Section 5.5: Standards for Residential Uses
(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.
SECTIONSTANDARDS 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
M(A)_Submittal Requirements—
(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
Orange County, North Carolina—Unified Development Ordinance Page 5-45
Article 5: Uses 139
Section 5.5: Standards for Residential Uses
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.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
Orange County, North Carolina—Unified Development Ordinance Page 5-50
Article 5: Uses 140
Section 5.5: Standards for Residential Uses
(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.
55.55.5.6 Existing Home Parks
(A) General 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�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.
(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.
Orange County, North Carolina—Unified Development Ordinance Page 5-55
Article 5: Uses 141
Section 5.5: Standards for Residential Uses
(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.
5.5.75.5.8 Group Care Facility
(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 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-56
Article 5: Uses 142
Section 5.5: Standards for Residential Uses
5-5.85.5.9 Group Home156
(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 type of persons who will be living within the facility.
(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, Group Home, or Group Care Facility.
(b) Structural alterations shall be of such a nature as to preserve the
residential character of the building.
5.5.10 Health and Personal Care Facility
(A) Use Standards
(1) 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.
Residential Hotel, ye yf yf a Dormitory, Fraternity, Sorority, Religious arters157
and
Use Standards
ShallA l not be permitted as n Conditional Use District. Refer oo_Secf�'non_�i�of
thin Ordinanco
(A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
(1) Submittal Requirements
In addition to the information required by SeGtinn 7 7 the following information
shall be supplied as part of the appliGation for approval of this uE;e--.
(a'a)__-0 description of the Mine facility planned the number of occupants, and
the development schedule.
(b) A�� plan showing existing and proposed contours. Propvved
buildings, parking access, se.cepvice, recreation, landscaped and screened
areas.
Cc.\ Other criteria a get forth insections G: 7 1 i and 6.3.
id) A statement GonGer;Ike provision erviGes wh'r--.h shall
♦n}hide Piro polioe and reSG ue prote^tion
(2) of Evaluation_—
156 A new land use category to address housing of between 6 to 15 individuals who do not require specialized care.
157 As articulated in a previous footnote,there is a concern over the differentiation of a 'dorm', 'rooming house',
and a multi-family dwelling unit. After conferring with the County Attorney,staff is now recommending the use be
eliminated. Such uses will be processed as a multi-family dwelling unit or be a customary accessory use to a
Schools:University, College land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-57
Article 5: Uses 143
Section 5.5: Standards for Residential Uses
(a) a parkins access and service areas are rounded for the site.
equ�„�„...,parking, -a ���areas� -p,provided a ,o,-�,«�,��.
(b) Park'...,,, areas buildings-are adequately-.screeifed from
f
adjacent residential sec
(G) Improved recreational faGilities are provided for eeGU s.
(d) t a as set forth in een}i��.7 1 1 and 6.3.
Other c�zer�n--a���,-�,,,T z��
(e) Letters from -erv+ce age lGie +attesting�adequaGy of the
r�rniic inn of ni blin servroes SUGh as irne online and reSG e
5.5.95.5.11 Temporary Custodial Care Units
(A) General Standards
(MJALSubmittal 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)JqLStandards of Evaluation
{a-)M 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.
44fQ No more than one temporary custodial care unit per lot shall be permitted.
{G)L31 The temporary custodial care unit must meet setback standards where located
and shall not be located in any required front yard open space.
{d}� 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.
M(5) A temporary custodial care unit shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the property.
{ }� The Orange County Health Department, or the agency that provides sanitary
sewer and water services, shall approve water and wastewater disposal facilities.
O)M 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.
(b)(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.
0(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.
{t)JL0J 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.
N 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.
Orange County, North Carolina-Unified Development Ordinance Page 5-58
Article 5: Uses 144
Section 5.6: Standards for Commercial Service Uses
53:105.5.12 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.
(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 . FOR
T.-6T 1 Nig-htG lrubs, Bars-and kiba
158
(A) General
Ctandards for Evalia�uatk)n
(1) BuildiRgG f9F Rightclubs, bars and pubs shall not be located within 200 feet of —a
roc%��8
5.6.1 Service Uses
(A) Standards for the LC-1, NC-2, and EC-5 Zoning Districts
(1) Shall be limited to no more than 12,000 sq.ft. of building area.
(B) Standards for the O/RM Zoning District
(1) Shall be limited to no more than 16,000 sq.ft. of building area as a principal use
of property.
5.6.2 Cemetery159
(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.160
158 Combined with the Eating and Drinking Establishment use category.
159 This was moved from the existing Miscellaneous land use category contained in Section 5.17.3.
160 As previously indicated,there are instances where existing standards are shown as Red Underlined Text. This is
due to their relocation within Article 5. If there are changes staff will identify same in Bold Red Underlined Text or
Orange County, North Carolina—Unified Development Ordinance Page 5-59
Article 5: Uses 145
Section 5.6: Standards for Commercial Service Uses
5.6.3 Eating and Drinking Establishments161
(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.
(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.
5.6.4 Funeral Homes
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(2) On-site Crematoria shall only be permitted within the 1-1 and 1-2 Zoning Districts.
5.6.5 Garden Center164
(A) Use Standards
(1) Rental of moving vehicles shall be permitted as a customary accessory
use.Ibb
(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-.63-35.6.6 Massage Business
(A) Genera' 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.
Bold Red Strikethrough Text in instances where existing language is being eliminated. These regulations,for
example,are the existing standards governing the development of a cemetery.
161 This combines restaurants, nightclub, pubs, bars, etc. into one central land use category. Additional
development standards will be added in a future text amendment.
162 Existing regulations taken from Section 5.6.1. Staff added the word structure to the standard for clarification.
163 This reflects existing limitations on where drive-thru facilities can be developed within the County.
164 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.
165 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-60
Article 5: Uses 146
Section 5.6: Standards for Commercial Service Uses
(3) Gardener_ Centar166
(B) General Standards forEi/gl-ca�vuc vn167
/0) Outdoor say an storage n__o geeds w vv-ill ho permitted.
display d g vat- v
/ rage of bulk gnaw-) shall h Gnat to+her r or side of the primary
r2 �taru9v�rvo�5vvc�S�rruiry vcuc zv the rear vrvn�c m rrrc pw�mury
building and SGreened en three sides by an eight feet high opaque wall er fenGe.
/'2�)01-i+der_sterage for bulk goods shall be limited +n�o0� per
feet er� -aGrrec nofr the zoning In+ "`7""'�"
5�45.6.7 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
(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.
5-6.55.6.8 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—
166 When the UDO was created provisions governing the development of a 'Garden Center'were included with
regulations associated with a massage business. This error is being corrected.
167 Moved to Section 5.6.5 of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-61
Article 5: Uses 147
Section 5.6: Standards for Commercial Service Uses
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.
(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 n Kennel Permit All necessary permits168 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.
168 Language in Bold Red Strikethrough and Underlined text denotes a modification to address a concern from the
County Attorney. The language was modified to ensure any and all applicable permits required by Animal Services
would be obtained.
Orange County, North Carolina—Unified Development Ordinance Page 5-62
Article 5: Uses 148
Section 5.6: Standards for Commercial Service Uses
5.6.9 Short Term Rental Small —Host Occupied169
(A) Use Standards170
(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 Reguirements171
(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.
(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. ar�dape
_pfern is often shown on the base plan for small projects. canhzree
does not have to be „^w sexist;,
is often sufficient for Iarne lots where the bulk of the property remains
(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
169 A Short Term Rental Small—Host Occupied is consistent with what new now classify as a Rural Guest
Establishment Bed and Breakfast, including requirements for the owner to be on-site.
170 These are existing use standards for a Bed and Breakfast.
171 Submittal standards are consistent with the requirements for a Bed and Breakfast as detailed in Section 5.6.6 of
the UDO.
172 Staff is recommending deleting the language. This is redundant and unnecessary
information.
Orange County, North Carolina—Unified Development Ordinance Page 5-63
Article 5: Uses 149
Section 5.6: Standards for Commercial Service Uses
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
Proposed uses and facolo#oes are complementary and compatible with
surrnunding area and annrnnriate in the location proposed given nhara cter
of surroundonq development
Corn Police and resGue services and water supply and wastewater
treatment methods are adequate to serve the Proposed uses and facilities
ReGreatlenal areas service areas parbona and screening are adequate for
e proposed use(s)
Internal yehonnlar and Pedes+st.roan corc��la+inn is adequate for the PrePesed
(1) 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.
(2) 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.
(3) 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
Ig are.
On-cote parkonq shall he provided in accordance with Section 6.9 of this
9rdi name:
The site shall meet the landscanonq and buffer reguorements established in
property recognized by the stat-
orc�klowfever�=op��`���.�y�..`��u«
or the county as a historic site or as containing a significant historic
structure shall receive a fell nr partial waiver of the road-front land uSe
FVZ ITI V,J11F11-r�i riG f-rV G G7�1-{�T�1
puffer to maontaon they roc r-.h�arrayr-.tpr of the cote and +he+rado+onnal idpi
of the house from the roadsode
The applicant shall he responsible for sa+osfvonn all review and Permitting
requirements of other publoc agencies oncludong but not Iimoted to
NC—DQ1T
droveway Permots
(4) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, oniv if there os s��ff rtt
site.overflow parkonq available on Overflow parkmna does not-have to bee
pavedor graveled but must he on
Na a suitable (even\ s��r e "
�
(5) 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.
173 As part of addressing concerns from the County Attorney over giving staff discretionary authority in the UDO,
staff is now recommending deleting the Reld Red Strike`hFaugh language. Staff does not have the authority to
make the determinations referenced herein. As a result,same is being eliminated.
174 Ibid.
Orange County, North Carolina—Unified Development Ordinance Page 5-64
Article 5: Uses 150
Section 5.6: Standards for Commercial Service Uses
5.6.10 Short Term Rental Large—Host Occupied15
(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:16
(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 Requirements"'
(1) In addition to the information required by Section 2.5 of this Ordinance, the
following information shall be provided on the site plan:
() 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.
(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.
175 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. Requirements for on-site host are also maintained as identified
herein.
176 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).
17 Submittal requirements are consistent with existing regulations contained within Section(s)5.6.6(A)(1)and
5.6.7(A) (1).
Orange County, North Carolina—Unified Development Ordinance Page 5-65
Article 5: Uses 151
Section 5.6: Standards for Commercial Service Uses
(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
Ig are.
(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.
(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 Spenlal Use Derrnmit178
The Class A Special Use Permit, if approved, shall be valid for six ears hi rt may
he renewed or re-approved by the Board of County ('omm'ss'nners after
reeeIVIRGI a wort from the Planning Depar+men+that the use 's and has been
�, Department�«��� u�,
178 This was existing language,as contained within Section 5.6.7(A)(3)of the UDO,staff was reviewing. After
conferring with the Attorney, it is being eliminated. The standard is inconsistent with how special use permits are
processed per other relevant sections of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-66
Article 5: Uses 152
Section 5.6: Standards for Commercial Service Uses
continuously since '+was issued, in compliance w '+h nroy's'ons of+hn Cnnn'ol
". since au--i��u cater-rcv�r-rprrni-rcc�zr-r-pry-v-ivry �vr-ir-rc-vpccrcn
vI Ice Derm'+
�rr.
The (iron e County Dlannin Department shall resent its report on +h
Fmm�liance of the s ecial use no later than 9n days before the expiration of the
, �cc m-cr.�c��v-rarc��v�u��-r�crorc-�
Cneclal Use Permit.
The Beard of County Cam m'ssinners shall not renew the C ecial I Ice Dermot if it
is determined that the a leant has failed +n cmmPly .fith the nnndi+inns of
col-ramvi�.Tvr
If the Beard of Ge int i r'nmm issinners does not renew the ermi+ the erm i+
shall become null and void non the expiration of the+'me I'm'+
If+he C ecial I Ice Permit is not renewed or re-approved, then the a ileac+ may
submit a new application as if it were a new use.
5.6.11 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&_ 179
tA) General Standards
C--ham Requirements
( ) A site plan, prepared On_accordance with he requirements of Section_ 5,
containingT
. hefGl :(aPeeF SeGt'99R.2.5.2 professional design and
certification is not required for Rural Guest Establishments IA.4th +hrep
guestrooms or less bed & breakfasts.)
LOGation, width, and type of all internal vehiUla and pedes
GirGUlation, and parking requirements.
LOGation and dimensions of all on site signage.
Boundaries of the site
Location of well and septic system.
/ham Description of the proposed use(s) n�of the site and the buildings thereon
inch ding the following:
Amount of area_a.11ocacited to each use.
Number of kill and par+time employees.__
/loll f is and/or nc pan+ pe to use the a +v
Tm� erg eerr-arrarvrvc�puT-rc�e�pcEt zv-'cr'.zc-crr -a r�
Proposed hours of operation for non residentiauses l of the site
and w0thin buildings +hereon
(G) Building plans for all existing or proposed strUGtures to indude floor
plans, eva s el +inn and sections showing restoration/rehabilitation
�
prepese
d.
179 Now captured as part of the Short Term Rental land use as detailed in Section(s) 5.6.9 through 5.6.11 of the
revised UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-67
Article 5: Uses 153
Section 5.6: Standards for Commercial Service Uses
`d)Lands cap Ion of the same scale as as the site Ion showing existing nr
proposed trees shrubs, ground n cover and other landscape materials
/I anrdccape infprmatinn is often shown on the hose plan for small
projects. €ash tree of have he individually identified; she i
in "existing ree line11 is often sufficient fer large lets, �.yhere the hi l of
the property remains weeded N
/ Statement from +h appropriate public s agencies nn ng the
re e-appr�p^Rre- �eKy�Ee--�e,,���C�,��eKC�rrg-Rr�
methe d and adequacy of water supply and wastewater treatment for the
prepeserd uses
/f\ o} men+from the public n +he
� tare ate .�se;�ee-age,.c�es-c�nEen�z,�,�
NrevFs+en ^fence —A.Rd- PFGtest+en-te the site an,d GtFH .+„reG
(g) The proposeddevelopment schedule for the
the mite
/h)Outdoor events (e.g. weddings receptions parties) or similar activities
conducted ne for compensation shall bepermitted only if there is sufficient
overflow narking available on site Overflow parking does not have to he
paved or graveled but must he on a suitable (even) surface
restablishmentst that is not Irn Ga+ en a state
maintained road shall furnish a copy of the deed establishing the
H rCs3/egress easement to the PlanningirectorSUGh dOGUmentaiation
shall not he limi+erd to the easement deed, but may also include copies of
road maintenance agreements as determined by the Planning director
(j) Any application for _bed & breakfast operation that does not include any
changes to on evicting structure, and therefore does not require o
Certificate of Occupancy to begin operations shall submit document
from the Fire Marshal and Building Inspections division that all areas
open to the public meet state regulations.
(k,k) Applicants requestingpartial waiver o�he right of way land use
buffer shall submit evidence that the property is listed on the National
Historic Register or recngnizerd by the State of North Carolina or the
County of Orange as a place of hiSt0riG interest. Applications
incur. rating historic Sites shall provide a rdescrip+inn of homy+he
hiStOr'Gal style and character of the building and/or property Is to be
enhanced+hreugh the project
(2) Standards OfEV; 16n(a) Proposed uses andfacilities are complementary and compatiblewith
surrounding area, and appropriate On the location proposed given
character of surrounding development.
(b)Fire_pnolice and scue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities
rani rti-cr.�..r.
(G) Re re areas, eFViGe areas, parking and screening are adequate
for the proposed use(s).
(d) Fhe site is served by direct access to a State maintained read, or has
legal access to o public road by way of a recorded easement.
(a) internal vehicular and_pedestrian_cir ulat'mzyon_a_aadeg ate for the proposed
i ca e
Orange County, North Carolina—Unified Development Ordinance Page 5-68
Article 5: Uses 154
Section 5.6: Standards for Commercial Service Uses
/f�)The-proposed use of the historic structure shall be of such a nature so as
" h'"'h"' � ��urc..rr-iu�vr�m.�r-crn-aiarc..rv-ate
to preserve the historic character of the site and the building.
development of the site as proposed would have nn adverse im act
beyond thebuildingeXGent for appropriate parking faGilities. Strur.t.urT
alterations of histeriG strUcti Tres shall he of si Bch a nature as to preserve
the historic character of the buolding/s\ and site
(g) Bed & Breakfast establishments shall he allowed in all preteGted
watershed nd critical rea
vv-izrcren caT, tazrtcrcritir�.cn--ar s.
/h) Building hh'' Rs for all building areas intended for pah�lie_use shale
'�e^^ er-0 o``^^nd approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those noses where a !''er+ifina}e 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 apprn ial
to the Planning Department prior to commencing operation
//i�)The�apppRGan be permitted tG oenntruGt one sign not to exceed
sire feet On size. Suc;h identifying shallbe installed with
landSG e h�All illumination shall be
ground lighting to prevent nighttime glare
/L\ parking all h roved n a rdan 'th C n 6 f the
�� -s+tc � �-ae-�-�a �ese,�Ee�oest+c�r�g-o,-�Rs
nrdinancn
/I\ The site shall meet+he landscaping and h ffer reg iremen+s established
�� c urr��r-iurr-rr-r rz-rc-ra landscaping Mc��r-rc r-rru--��c�n�r-�
in Section 6.8 of this Ordinance. However, property recognized by he
state nl or the�.,n`�n my as a historic site or as containing a significanthistoric
structure, shall receive land 1ee
buffer to maintain the historic character of the site and the traditional
vi e�ni of the house from the roadside
(m) The appliGant shal! be responsible for satisfying all review and permitting
rent ements of other public agencies ind but
ding ht not limited to
e
NGDOT driveway permits.
5 G 7 Rural Guest Establishment, Clod & Breakfast Inn
.T.-a�rrrcn-wi--arar..arc.�u-v.T��-rrcr��vcv�cvrcaicra.�rarnT
/A\ Standards for Class R Qnenial Use Permit
Lil Submittal Requirements
C
fAl 4 site plan prepared by an appropriately licensed prefessienal in
In& the rent iirem n+ f Cec+inn 2 5. containing the
following:
Location width, and type of all internal vehieelaarr aand npedcsrica�rr
circulation, and parking requirements.
Location and dimensions of all on site siggnage.
Location of well and seq+'n1�c system.
d of th siteY di }n nearest residential
�'rnrc�cam'covrm�orrl _;;Rd_�vst�Ce�-cv i�ee�u r residential
�.c����c�u.
stn GtUrcT
/,b\ DeSGription of the proposed use(s) of the site and the buildings thereon,
nGluding the following:
o un+of area Gated to each use.e..
Number of full and part time -
employees.
p
Number of clients and/or OGG p�lacci tsi expected to use the raac4*.
Orange County, North Carolina-Unified Development Ordinance Page 5-69
Article 5: Uses 155
Section 5.6: Standards for Commercial Service Uses
o�Proposed hours of operation for non residential_uses of the site
and within buildings thereon
CcBI�'�rng plans forall existing r proposed structures to include floor
plans, elevations, ,y and sections shOing restOr a+inn/rehabilita+inn
proposed.
(d) LandSGape plan, at the come scale a as the site plan, sheWiRg existing nr
proposers trees, shrubs, rs ground ^Over and other lanscape materials
(Landscape information is often shown On the base plan for small
projects. Each tree does not have tobe individually identified; she yin�n
arl ""eeXiStir tree lie often sufficient for large lots where the h IL of
then Pert y r OOrserl \
(e)Statement from the appropriate p bloc service agencies concerning the
m__.o___o+hed and adequacy of water supply and wastewater treatment for the
proposed uses-.
Y) Statement from the appropriate public lie service agencies concerning the
nr on of fire, and rest rot ction to the site and Itr,,ctures
iTG�TfQTG.7GPe�i 1'VLeGTfV1TZVZTf�i tiiRTfGf-..TLIFGTGIT�i.T
(g) The proposed development SGhedule for the
(h) Outdoor events /ro e.g.weddings, receptions, parties) nr similar activities
cendUGted for cempensa+inn shall he permitted, ,,ff only if there is sicient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
Any bed &_hvreakfast inn that is nn� 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 he limited two the
easement deer! but may also include copies of road maintenance
agreements as determined by the Co ntv
(j) Any application for bed & breakfast inn_rep ra+inn that does no 7Glude
any G-ianges to an existing strLiGture,and herefere-does not re a
Certificate Of QGGUpanGY to begin operatiens, shall submit dOGurnent
from the Core Marshal and Building Inspections Division that all areas
open to the public meet state regulatiens
/L,) Applicants requesting a full or Partial I.n ier of the rig.h+_nway land use
buffer shall submit evidence that the property is lister) on the National
Historic Register r zed by the State of North Carolina or the Count
of (l I f h' interest Applications incorporating
ngg
��=arrgcZra v--aci-npruC�.v^r-nret8l'�'^cn interest.� '-ccc.vr,r��C�
historic sites shall provide a description of how the historical style and
character of the building and/or property is to he enhancers through the
pry
(2) Standards of Evaluation
fAl Proposers uses and facilities are complementary and cOmpatible with
surrounding area, and appropriate On the IGGation proposed given
GharaGter of surrounding clevelopment.
/b�\)Fire�Oonc and rev- and water supply and wastewater
treatment methods are adequate to serve the proposers uses and
facilities.(c) Recreational areas, service areas, parking and screening are adequate
for the proposers se(s)
/rl\ The site is serried by direct access to a State maintainedrgaar�
�a� �,urti� .Jcrr �y--vrrccTac
e internal rvehicular and pedestrian c r'r cu,la+inn is adequate for the proposed Orange County, North Carolina—Unified Development Ordinance Page 5-70
Article 5: Uses 156
Section 5.6: Standards for Commercial Service Uses
Y)The proposed use of the historic structure shall A��_be o such non.at`re songs
too prllo''so1l�,r''v``e the historic character of the site and the building.
D evelOpMeRt of the site a preposed would have nn adverse i ct
beyond the building eXGept for appropriate parking faGilities. S rur.twli;
alterations of historic s+p Gt gyres shell he of siBch a nature as to preserve
the historic character of the bu ulyding(s) and site.
(g) Bed�A Breakfast I��hunll he Gonrcidered GermnmerGi'nl operations and
therefore may not he allowed in all protected watersheds, andan critical
areas.
(h) p q_gla r all building areas inter a ided for pubbl.iv use oRll_be
rev'ornie��d„'and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
\mil-n those-ca_a-.sesi_v where act Certificate of Oc+up__�anGY is not regmred, the
applicant shall schedule a site inspection rnr'th the Fire Marshal and
Building Inspections division and submit documentation of site apprn iol
to the Planning Department prier to cnm manning opera+inn
(i) he applicant sah�e permitted tOO r-LI rni r+n�-roc coo-eXGeed 16
� �FP,-r" c-pcn,�-rcr �$r�SH�
ire feet On size. SUGh identifying signs shall be with
landSGaping around the base. All illumination shall be_installed as
ground lighting to prevent nigh+_+ime glare
(k, ) On site parking shall be provided
r�ed inraF)rTdan�coe with Se nc 6.9 of this
Ordinance. •
/I\ The site shall meet the landscaping and h ffer reg irements establ'�ed
\�� �ur urr-rrr rz-rc-ra�-rav Mcrlrti-(r�-r/��r-rru--��tccvn
0n Section6.8 of this rye However, property recognized b 4he
statestate or the county as a historic site, or as containing a significant historic
vir�-,ir-r,��.,rc�urn y-au--a-r-n m��r�.� c a��z-rn�c
structure, shall receive land 1
buffer to maintain the lisstoorlGc;harraaGter of the site and the trard'tienal
vie�nr of the house from the roadside—
(m)
e
inGluding but not limited to
NI
..6DO T. driveway permits.
(n) The rn'n'rnurn In+sip or a Bed & Breakfast Inn g a nri ya+e well and
h tic urrll�c-iio
ae less� a tis.
hp five A Bed e R Breakfast Inn
seprr�so-`p'�tl�-r r -re
may he perm 0 tted on lots of less than five acres if the tract is currently
swerved by p lhlin i.gater and sewer, subject to the review and approval of
the appropriate agencies and the Staff Engineer
(3)Expiration and Re-Approval of SUP
(a\ The Glass S I Use Permit, if approved shall he valid for six
�uT c-rnue$�-vpccicarrvve , approved, r-i years,
but may he renewed or re_appreyerd by the Beard- of Adjustment after
receiving a report from the Planning Department that the use is, t-!an has
been eon+ins poi sly since it was issued in compliance With provisions of
e
the Special Use Permit
(bb) The Orange County Planning i Depart�meRt shall its epor#�on thei i compliance of the special use no later than 90 days before the expiration
of the Special Use Permit.
(GThe Board of AdjUStMeRtshall pet reRew the Special Permit if it is
determined that the applicant has failed to comply with the conrd't'nns of
(d7 if the Board of Ard' stment does not renew h permit,-rmit the perms_m.it shall
become null ant-!veird upon the expiration of the f„`timelimy�i+
Orange County, North Carolina-Unified Development Ordinance Page 5-71
Article 5: Uses 157
Section 5.6: Standards for Commercial Service Uses
(eif the Special Use Permit. s not renewed or re-approved,re-approved, then
applicant may submit o new application as if '+were o new use.
5.6.8 Rural Guest Establishment Geun y Inn
(A) Standards for Class A SpeGiall Use Permit
/ice Submittal
Requirements
('a) A site n�Y eared by an appropriately professional_in
ReG" a` Ge with Y p the
requirements of Gontaining the
following:
rrn
1�Lena+inn width and +jinn of all internal Peh�G61lar and pedce�i��
nirG la+inn and parking requirements.
�L@Gati6n and dimensions of all on site signage
LOGation of well and septiGsystem-.
Boundaries of the site and distance to residential
structures.�
(b) Djeerin+'n_on_o he proposed use(s) off the site and the buildings thereon,
i RGI ding the following:
Amount of area allocated to use
Number of full and part time employees
Number of clients and/or nn pan+ peGted to use the faEifity
rv-rn,-rrJer cC�Ipa,--gas-e�Fc Zv-a-.zc-crr -a r�
Proposed hours of operation for non residential uses off the
and within buildings thereo4;-.
(G) Building existing or proposed str i reste 'rnnlru de floor
plans, eva eltions, and sections showing restora+inn/rehabilita+inn
1�
N'eNesed.
/rd\ d a plan t th Gale s the s'+ Ion showing e�
jcr� a�=rcr66i�pc-ptu-r,-c�c-cn�8a��. &cccrc-a-u--n��,urr , or
prepeserd trees shF6ibs g IRd coder and other landscape materiels
(Landscape infermo+inn is often shown on the hose plan for small
pro}e6tS. Fach tree rdees net haVe +o he individually identified; she.ing
an "8Xitree line" is often suffi.ien+ter large lets where the buIL of
the property remains wooded N
(e) Statement from the appropriate publiG serviGe agcnGieS Gone 'ernmg the
method and adequacy of water supply and wastewater treatment for the
propose use&.
/f,�Statement from the appropriate �eryirn�nen...S G-cpr�
prnvis inn of fire pnlise and re" �"`^"p_prot�" "s+inn to the site and str�����Gtur`e�s.
, ,rv�-a�-ra--rcSC�l" I`i„'�e �.mucrcrr�.r.
(g) The-proposed development schedule fer�_the cite.
(h)_ O utdooreyents (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 prking does not have to he
paved or groveler) but must he on a suitable (even) s rfoce
Any oppli.Minn for o GG intro Inn that does not ORG16irde any changes tee
afa a .ruing StWGWrel and therefor doesnnot require sire a yer+ificaate of
(locupancv to begin operations shall submit rdnc��mentatien from the
e
Fire Marshal and Building Inspen+inns Division that all areas open to the
public meet state regulations
Orange County, North Carolina—Unified Development Ordinance Page 5-72
Article 5: Uses 158
Section 5.6: Standards for Commercial Service Uses
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 Count
of Orange as a plane n�0n�teTrest. Applications InGGrporatiRg
h6.+i0rin cites shall provide a description of how the hioterical style and
character of the building and/or property is to be enhanced through
�2)e� Evaluation
E1/aIuiva ion
(aa) Propesed use sand facilities are and GGITIpatible with
sL irroi ending aFea, nd appicepiciate in the location proposed given
character of o ending development.
/h\ I' d d simply and wastewater
1u� �pv^riC�-c'rrnrv-rcS6{��Serd�C�S-c'mnv-`v"r"crt2r-uv �ocicc�
treatment methodo wre adequate to serve the proposed uses and
faciIit'e
rc[cm�icoT.
(G) Recreational areas, service areas, parking and screening are adequate
d!for the propose i ise(s)
(d) The site is served by direct access t maintained a Saute m ir ntained r�e
-)TeInternal vehioelalar, r and pedestrian GirEUlatin is de0quaate for the proposed
M The proposed use rte hi�ri��c+i ire shall he of S Gh a natureso as
to preserve thTehrsteri character of the site and the huildling
Development of the site as proposed would have no adverse impact
an f
beyond the building except for appropriate parking facilities.
alterations of historic structures shall he of such a nature as to preserve
the historic character of the hu siding/s\ and site
t9
/g\ Ge ntry Inns shall he considered commercial operations and therefore
may not he allowed in all pretested watersheds an critical areas
e
(h) plansr all building are0aa_s intended for pah�lie use shale
rev.e�nved and approved by the Health Department Core Marshal and
e �
Building Inspections division prior to issuance of any Gertificates of
in those c-aSeq-i.qhere a Gertncate ef oesuncy S net required the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site app
to the Planning Department prior to commencing operation
/'\ The applicant chvall h permitted to construct n not to exceed 16
\7� `�aPPTT cc.r r,�e�-�peYl�l I�c �� r,��u�6�SI�r��rvr�v exceed�v
square feet i�ze. Such identifying signs shaallvl be installed w
ith
IandGGapiRg around the base. All illumination shall be installedas
ground lighting to prevent nighttime glare
/k,k) On site parking shall be rimed inracoorTdanGe=with rSection of this
Ordinance. The Fire Marshal shall review and approve the site pl�o
ensure CAC and fire to ick accessibility.
0) The site shall meet the landscaping and bijff-, ts established
+nC n s 4 f thi Ordinance. However, propert, d h the
�est+e„-�-o,--� �, rese9„r«a�;=R,�
the tv historic site or as containing a significant historic
S#,�te�or-m�C�cn'niz-�aS�,.Ist91'���,site,
646104e, h II a f II or partial waiver of the road front land se
Sncaarrccc'� �c
hi iffer+o tain the historic character of the site and the traditional
na�rc�--[v�iraii=rrCni-r-n-rc-rTc-vr-ra�caci�Tv r-c r-rc urti� ar-ra--i r-rcTraartirvr-rar
\y.P_V.0 of the ho'"oe from the roadside
/ 1 li t shall be sihle for ti all review and permitting
tm� — �ppne-arT ��5����rSan +
reg�urements of other public agencies including but not limited to
e
NI
..6DO T. driveway permits.
Orange County, North Carolina—Unified Development Ordinance Page 5-73
Article 5: Uses 159
Section 5.6: Standards for Commercial Service Uses
/n)The minimum In+ size for a Country Inn sing o private well and sceptic
system shall he no less than ten acres 4 ,(',fin Country Inn may be permitted
system �-ry-rc� � rr ccrra�.r�i. h'"����.
on lets of less than ten anreP if the tract is n ntly served by public
water and sewer subjeGt W the review and approval of the appropri
anenni es and the Staff Engineer• or if the+ran+will receive pi�hlin
e e
seryines as part of a larger rdeyelepmen+proien+sUnh as a planned
development or village flexible rdevelepmen+
/4)€xniration and Re-Approval of SUP
(a) The Glass A SpeGial Use Permit,
i+ if approved, q-.h.oll he valid- for sox 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 's and has been continuously since it was issued, in
Usecompliance with provisions of the Special se Permit
;h)ThL Orange County Planning Department_ hall present its report on_ he
compliance of the special use no later than 90 days before the a ra+inn
of the Special Use Permit
(GThe Board of County Commissioners shall not renew+he Cnenial Use
Permit if it is determined that the applicant has failed to comply with+he
Gonditions of approval.
(d) if the Beard of County Commissioners does not renew the erm+ the
ir,-crrc
permit shall become null and void upon the expiration of the time limit
(e) if the Special Use Permit s not renewed re-approved,or_ then_ he
nlinant m submit a new application as if '+were a new use.
5.6_9Mnrbrewery with Minor Eve�180
/A\ Standards for Class Qn eGnial UsePermit or ASE_CZ or AQl_! 7 Zoning vri.tr i
Cte
M\ rl rdi the + Section or 7 Q n hle the following
Alfa-c'�rvrt�8irt��� ii'S-Fr�-c�cG�tlt3r��. ��-��a$ c��plFP.a ,
i nforma+inn shall he s hmitted with the application materials:
`ateDescription of special events to he held on-site including frequency of
events, hours of operation anticipated attendance, d any o+he
rd r
pert'Rent e+ails ff'„''`-''
/h�)Lnvna+inn of overflowparking area(s) Tequired parkingis nn�RGipated
to annomme date all special events
/ 1 A map depicAing surrounding s and the dis+anEe to residential
/rd) AdeSGription of retail a aC�l need!
�� F�v�-v-rT Tc $�I cr
(e) A comprehensive ground
water study, for facilities expected to use s�v more
groundwater on an annualid basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing- Z ,district would allow. For example if the existing onmi g
district allows a residential density of 1 unit for 7 acres and the propns er!
use 's on a six acre parcel (which could yield Q 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 sturdy is required. The water usage
rated f�existing use si Chien++n zoning regula+inns Inna+ei-d on the
same let shall he taken into annount when determining if a
Eemprehensiye groundwater study is required. Said study shall deta.`Ir
180 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-74
Article 5: Uses 160
Section 5.6: Standards for Commercial Service Uses
; The amount of water anticipated too_bbe used on a_daily,_weekly,
monthly, and annual basis by regulated cos located on the
M�arsel, (ee.gc.,, water usage by bona file form uses is not required
to inrrccludecd)•
"� r� aT
An analysis of the amount of grouRdwater withdrawal considered
to he safe and sustainable in the immediate Vicinity; and
ry ,
An analysis of whether other wells t, R e Vicinityneprepdased
use are expected to he affected by withdrawals made by the
proposed eo�e-.
C- Site shall have direct access to a major road as classifiedin the Orange Co *
2) Comprehensive Plan and shall use said road as the primary access unless
approved otherwise On the permit �
(3) if located adjacent to residentially zoned property, all structures, facilities, storage
areas and parking areas shall he setback a minimum of 100 feet from all
property Ines
property `T'"��
/A\ is shall hito ne more than 150 people at one time and shall
�� vee�,�1� limited; - �-�-p-r��pee occur
no more than 12 days per year.
/� Loudspeakers and publicaddress systems shall not he used before a-a.m.r nr
after 7 p.m. a existing ocae if n residence is ltd within 1,000 feeto e f th facility
1
unless approved otherwise in the permit
/Q\ Special even+ shall a later than O p m on Sunday through Thursday or
�� ��,�s�r-eease�zer . ,�
11 p.m. on Friday and Saturday, unless approved otherwise in the permit
(7` Food services are not allowed unless or-approved iin_ he harm'+
/A\ Retail sales and facility tours are intended to he minor components of the overall
�``_',� use as a m'crnhrewery that produces croft malt beverages. Retail sales may
inch de complementary items but are intended to he comprised primarily of
products produced on site. The permit may specify limits to these activities
5 G 1 A 11Ainrohrewery with Major Eyents181
(A) Standards for ASE-CZ or IIAPD-CZ Zoni�Districts
/'1\ addition to the ern fir is 'n Section O thefollowing infermatiop cull he
rr� �,�r-�� ��er�ee�;,,--oc��,�
submitted with the application materials•tC�bb�enr�
(a) Descriptionspecial events on_site includingfrequency of
events,
f operation,
l attendance,
and any other
pertinent details p�
/h\�Le�overflew parkingarea(s) required parking is not anticipated
tea edate all special events.
/ d dipg d the di to I
tE �Qe�*��Sk�irir-^v"prn�mgz'-.'rS2ou'rprcr-crrrcrr&t�C�.zo-re �e-rprt�r
str6 1c�vraGtUres.
/d) A description of retail sales and iaGilitytG S, if proposed.
(e) A ee;p=ehens've g pdwater stud„ for ies expected te use mere
gTrpGURdwaater al has;0sthap an average SiRgle family sidepce
(which uses 240 gallons of water per day) built at the highest density the
existing z i��strallow. For ample if the existing zoning
district alloin,s a residential density of 1 unit for O acres and the proposed
use is en a six acre parcel (shish could yield 4 residences) the
1
181 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-75
Article 5: Uses 161
Section 5.6: Standards for Commercial Service Uses
proposed se(s) may use throe times the water used by an average
single family residence (or 720 gallons per cloy, on an annualized basis)
before a comprehepsive g ndwater study isrequ'ret-1. The,.gater 1 carve
rates f�existing use s Chient W zoning regulations Iona+ed on the
same lot shall be taken into aGGGun+when determining if GGMprehensive groundwater study is required. Sand study shall det
The amount of watererc;pated tozo be used on a daily, weekly,
monthly, and annual basis by regulated uses IGGated on the
pareel /�g., water usage by bona fide farm uses is notre�rred
)• y to he Included
An analysis of the amount of ern ndwater withdrawal considered
to he safe and sustainable in the immediate vicinity; and
An analysis of whether other wells the vicinity of the propGsed
use are expected to he affected by withdrawals made by the
proposed use
read,(2) Site shall have d'reGt aGGess to a major
as Glassified in the Orange County
Comprehensive Plan and shall use said read as the primary access unless
approved otherwise in the permit
areas, and parking areas shall he setback a minimum of 100 feet from all
property line&.-
Major events may attract more than 150 people at one time and may ocn r more
•/ frequently than twelve tomes per year.
(5) Loudspeakers a_anda_public address systems hall 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) Spec�;ts shall lease no later tter' 9 p.m. en Sunday thr�h Thursday er
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(77) Food s s are not of allowed unless approved On the permit.
(8) a„limit the fr en event tv� h'�7�TT'„r-r'� Te�
(9) Retail sales are intended to be GOMprised primarily of prodUGtE; produGed on sate
but may inGl ude cow,plementary i+ems
5.6.12 Storage of Goods
(A) Use Standards
(1) Standards for the NC-2 and EC-5 Zoninq Districts
(a) Shall be limited to no more than 12,000 sq.ft. of building area.
(b) Outdoor storage shall be prohibited.
(2) Standards for the GC-4 and O/RM Zoninq Districts
(a) Shall be limited to no more than 24,000 sq.ft. of building area.
(b) Outdoor storage shall be permitted subject to the followinq:
(i) Shall be setback 50 ft. from all property lines.
(ii) Shall be enclosed by a fence a minimum of 8 ft. in height.
(iii) Shall be screened by a Type B land use buffer as detailed in
Section 6.8 of this Ordinance.
(3) Standards for 1-1, 1-2, I-3, EDB-1 and EDE-1 Zoning Districts
Orange County, North Carolina-Unified Development Ordinance Page 5-76
Article 5: Uses 162
Section 5.6: Standards for Commercial Service Uses
(a) Outdoor storage areas shall be permitted subject to the following:
(i) Shall be setback 50 ft. from all property lines.
(ii) Shall be enclosed by a fence a minimum of 8 ft. in height.
(iii) Shall be screened by a Type B land use buffer as detailed in
Section 6.8 of this Ordinance.
5.6.145.6.13 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.
W(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�_v 12 Winery with Minor Events
(A) Standards for Class Cn ial Use Permit or ACC-CZ or MPD-CZ Zoning Ili�T�s
yr-viuS eF.�rvv Permit rrm�vr
(i)in addition to the requirements On_Secton2.7 or_2.9, as_as applicable,the following
i nformat'on shall hosubmitted with the application materials:
(a) Description of special events to he held on_s't,,including frequency of
events, hours of operation anticip meted attendance, and any other
pertinent details "f„`^`
(b, ) LOGatttln of overflow parking area(s) if required parking�T of ank ported
to accommodate all special events
(GA map epic;t ni `J•l�-sumo ending uses and the dictan Ge tn��T
stn GtUres. ��
(d\ AdeSGription of retail and faGility tei ors if proposed
Tam F�m-rv-rT cc�-arra--rc� zy-cv-ar�„-PrvPv cr
(e) A comprehensive groundwater study, for facilities erected 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 existing onmi g
district alln�ni��so residential density of 1 unit for 7 acres and the proposed
use 's 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 regulatienc Iecated on the
some let shall he taken into account when determining if �
Gomprehensye groundwater study s required. Said study shall detain'
vmpr c-�r�vcciTccfaTr �cTcrurru
The amount of water ontiEipated to be av a used on o�_ _da y o�il _ eel�,Z --r�c
monthly, and annual basis by regulated uses located on the
parcel (e.g.,, water-'c sage by hg a fide fa uses -9-t required
to he included\•
An analysis of the amount of groundwater withdrawal considered
to he safe and sustainable in the immediate Vicinity• and
rc ,
rimAn analysis of whether other well:;n the ViGinity of thepropssed
use are expected to he affected by withdrawals made by the
Orange County, North Carolina—Unified Development Ordinance Page 5-77
Article 5: Uses 163
Section 5.6: Standards for Commercial Service Uses
proposed u
C- Site shall have direct access to a major road as classified in the Orange Co *
2) Comprehensive Plan and shall use said road as the primary access unless
approved otherwise in the permit
structures,(3) if located adjacent to residentially zoned property, all
areas, facilities, stc)Fage
and parking areas shall be setback a minimum of 100 feet frorn all
property lines
/A\ +s shall h limited+o no more than 150 people at one time and shall Occur
�� �enr,Tvrrarry imrc zvTrvTrrvr�vFee c r
no more than 12 days per year.
(5) d ker n public address ms shall not he u hefere 7 a
e� ea,�r ��ss .,,,a,,,�or p�used
after 7 p if a existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall noose no later than Q p.m. on Sunday through Thursday
nr
`_, 11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
Food services are not allowed unless approved in the permit.
(a) Retail sales and facility tours are intended to be minor components of the overall
`•/ use as a minrnhrewery that produces Graft malt beverages Retail sales may
i include GGmplemen+ary items but are intended to he comprised primarily of
products produced unite. The�er ;pew limits to these activities.5.C. 14 Winery with Major EyentGy f�"�����• may
(A) Standards for ACC-CZ or MPD-CZ Zoning Districts
(1�)in addition the requirements In Sectio�, the following nfor on v-.hala I�he
submitted with the application materials:
(aa) Description of special events to he held on-site, including_frequency of
events hours of operation �t onticiped attendance, and any othe
N il r
pertinent detas f"`^`
(b) Location f overflow parking area(s) if reed parking is not t anticipated
to accommodate all special events `-`
/ A map depicting surrounding uses and the distance t� o residential
structures.
(d) A description of retail sales facility tours, if pf pr�ced.
(e) A GOMprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single farnily residence
ce
(which uses 240 gallons of water per day) built at the highest density the
existing zoning c+would aliew. Cnr example if the existing zonH4g
district allows a residential density of i unit for 2 acres and the proposed
use is on a six acre parcel (which could yield Q residences),
the
proposed use(s) may use three times the water used by an averoge
single family residence (or 720 gallons per day, on an annualized basis\
before a comprehensive groundwater study is required. The water sage
rates of any existing use subject tG zoning regulations IGGated on the
same lot shall he taken into account when determining if a
e+empregen ye groundwater study is required. Said study shall ddeti�lr
rrrpr c-yrvrn�avccar �raay� ccluTr �
The amn„n+of water anticipated tozo be used ear a daily, weekly,
menthly, and annual basis by regulated uses IGGated on the
parcel (e.g., water usage by bona fide farm uses is not required
+e he inplwded\•
An analysis f the a �n+Gf g �ndMnya+Gr�.qi+hdra�.yal Ee S1d ed
r"�-anurY rr ce-rr
to be_s6ae -;;Pd- eas+ainahle in the immeedia da
Orange County, North Carolina—Unified Development Ordinance Page 5-78
Article 5: Uses 164
Section 5.6: Standards for Commercial Service Uses
An analysis of whether other ell On the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed uu�(2) Site shall have ' G
t aGGe66 to a major read, as Glassified in the Orange County
Comprehensive Plan and shall use sand road as the primary access unless
approved otherwise in the permit
property,(3) If IGGated adjaGent to residentially zoned
and parking areas shall he setback a minims rn of 100 feet from all
property lines
(� Major events may affront more than 150 people of one time and may occur
more
•, frequently than twelve tomes per year.
(5)Leudspeal es o�r�_ana_public address s stems hall not he used before 7 a.m. nr
after 7 p if a is#ipg r sidepne is located within 1 000 feet of the facility,
Upless a yerd ethen.dse OR the permit.
(6) Special a ep+s shall c o later+hop 9 P.M. on S Rday through Thursday or
11 p.m. on Friday and Saturday, unless
nless approverd otherwise in the permit
Cam,
(7, ) Food-.ser-viseces are of allowed unless approved '�Te-pe
(8) Th + many limit thefr � evens jv h'er-r�r�-rra]�TT'„r-r'� Teq
(9) Retail sales are intended to be GGITIprised primarily of prodUMS produGed on site
but may include cnmplemen+ary i+ems
5 C. 1 A roUn+ray C+pro182
(A) ^ r
General Standards fBEV; ian
(1) Outdoor of prod GtS shall he permi++� in tho rear yard of+hp�y�
'u�c-v-rPrvcru u-rvc-�cn-r"rr �rrrrrcT '�nTa-mT" f•"""`-`r�
structure and shall he screened from view of adjacent pro,oper#jes
C- Outdoor storage areas shall not he permitted toencroach upon required're parking
2) spaces.
All stru ct andres on n trdoor storage areas shall he locatedo minim m of 100 fee+
`_/ from adjacent residentially zoned property
(4� site shall he located on o major roar! as classified in the Orange County
./ �r-rair-vc-rvcccrca r.cr�� ca
Comprehensive Plane r!unless permitted as an AQC_(`7
(55)Parki�ng shall be IGGated in the front yard spaGe.
(6) Applyr..�,+�on materials shall 'ncl de a mpr side groundwater study, for
��r�rrGYLYtvm�rtaceriurrvrru�r-R�c�ca-�lrrrpr eKl� �er��
faGilities expeGted to use more groundwater on an annual basis than an average
single family residence (which uses 740 gallons of water per day) built at the
hest d ng zoning dis+ri allow. For ample if the
c�rueFl e�EiS�lr-r�Z ' -�� e�Err.
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on o six acre parcel (which could yield 4 residences), the
proposed use(s) may use three tomes 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 rotes of any
existing use subject to zoning regulations located on the sarne lot s I hP tAkPn
nte when determining if a GGITIprehensive groundwater study is required.-
Said study shall detail:
(aa) The amount of waterantr�ted to be used on meekly monthly,
and annual basis by regulated Uses vsated on tTeparcel (e.g.,, water
usage by bona fide farm uses is not required to be e
isz Moved to the Retoil land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-79
Article 5: Uses 165
Section 5.7: Standards for Recreational Uses
(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 he affected by withdrawals made by the proposed i ise
5.6.155.6.14 Sexually Oriented Businesses
(A) Submittal Requirements
(1) In addition to the site plan submittal criteria detailed within Section 2.5 of this
Ordinance the applicant shall submit proof a license has been issued allowing for
the operation of a sexually oriented business in accordance with Chapter 8 of the
Orange County Code of Ordinances.
(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 - RECREATIONAL USES
5.7.1 Recreational Uses as Accessory Uses
(A) Use Standards- 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-80
Article 5: Uses 166
Section 5.7: Standards for Recreational Uses
(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) Use Standards- Non-residential Land Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a non-residential land use shall abide by the following:
(1) Uses shall not constitute Recreational Facilities.
5.7.2 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to recreational facilities as a
principal use of property.
(2) The minimum lot area shall be two acres.
(3) Facilities may include such features as play and training areas, athletic field
lights, public address systems, parking for patrons and staff, storage/office
facilities, and restroom/locker facilities.
(4) No building shall be closer than 20 feet from any right-of-way or property line or
the minimum requirements of the district in which it is located.
(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.
Orange County, North Carolina—Unified Development Ordinance Page 5-81
Article 5: Uses 167
Section 5.7: Standards for Recreational Uses
(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:
(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.
Orange County, North Carolina—Unified Development Ordinance Page 5-82
Article 5: Uses 168
Section 5.7: Standards for Recreational Uses
(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.
(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.
Orange County, North Carolina—Unified Development Ordinance Page 5-83
Article 5: Uses 169
Section 5.7: Standards for Recreational Uses
(c) An annual report will be submitted on a date established by the Planning
and Inspections Department.
(5) Management Response to Pollutant Monitoring
(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 i Retreat Centnr183
(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.
{c4(d) The site plan shall show the distances to the nearest residential
structure.
(2) Standards of Evaluation
183 Retreat Center is being moved to the `Assembly' land use category.
184 Red Bold Underlined text was relocated from subsection 2,as detailed herein,as this is not a standard of
evaluation but a site plan requirement. Approved for relocation at the March 6, 2019 Planning Board meeting.
Orange County, North Carolina—Unified Development Ordinance Page 5-92
Article 5: Uses 170
Section 5.7: Standards for Recreational Uses
(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.
str Gt roc 185
o�-cru--rcrrcT
{c4(b) 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.
4 c) 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}(d) Off street parking requirements shall be provided in accordance with
Section 6.9 of this Ordinance.
5.7.6 Race Track(Motorized etG) and Go-Kart Tr-n4 Canilities
(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.
t%JIL_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.
185 Moved consistent with the information contained within Footnote 184.
Orange County, North Carolina—Unified Development Ordinance Page 5-93
Article 5: Uses 171
Section 5.7: Standards for Recreational Uses
(1-0)(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.
41)(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
(b) Define and delineate emergency vehicle access points and fire lanes on
the property.
(1-3)(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.
44)(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.
(I-S)MThe 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.
(W(>)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.
(47)(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.
48) 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.
(1-9) 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
Orange County, North Carolina—Unified Development Ordinance Page 5-94
Article 5: Uses 172
Section 5.7: Standards for Recreational Uses
the storage facility prior to final occupancy permits.
(21)(113)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.
tM 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
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.
Theater 186
Use Standards
Brve-iinTheaters shall net be-permitted-a ����+i+i„n ,� � �se�is�r�c�. o
Sen+inn F i 3 of this Ordononno
Standards fer the NC-2 and /'`C-2 7-nine, Diatri nfc
186 Theater moved to the'Assembly' land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-95
Article 5: Uses 173
Section 5.8: Standards for Childcare& Educational Facilities
`hall l be locatedOn-doors. onces or drive-in thea+nr� fn���rr s
shall be perm'ttec
Limited to inn patrons per 'nd'y'rf al performance
• • ' 1 111, 44=11111 •
5.8.1Daycare-Center in a Residence
(A) Use Standards
(1) No more than 12 clients, at any given time, can be served by the facility.187
W(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 DQyGare 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
(d) A fenced, outdoor play/exercise spacearea.188
(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 rrequirements to qualify for a state renter in a Residence for 3 to ,2
Children licence have been satis�for said license have been, or will be, met
shall be submitted.
(8)(qL_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 189
(2) The minimumTe qualify for a State of North Carolina child mare
license re satisfiert 190
rtccr��c a�c uurr�rn.�.
(3)M 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 ip
ReciGeuse is not disruptive to adjacent residentially developed properties.
187 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.
188 Again,staff is adding clarifying language about the outdoor area.
189 Language has been moved to a new sub-section dealing with specific standards of evaluation for the care of
children and adolescents.
190 Same as above.
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Article 5: Uses 174
Section 5.8: Standards for Childcare& Educational Facilities
(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 renter
in a Residen^euse and play/exercise area in accordance with Section 6.8.6.
These buffers will effectively screen the view of any outdoor platearea, and
reduce noise associated with the ^hill Gafegggration.
(6)(4) Each Bare Center in a Residence is required to provide at leasta minimum of
75 square feet of outdoor pla-y-space for every G446client 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.
W(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.'
5.8.2 Child Care Facilities
(A) Use Standards
(1) Standards in Commercial and Industrial Districts
(a) At least 100 square feet of outdoor plate--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
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 chfldFeR
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, €evidence that
the minimum requirements to qualify for a State of North Carolina G
core facility licence 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
191 Existing regulations moved from previous section. While staff is uncertain how such a provision can be
enforced we are recommending,at this time,the provision be maintained. It is likely the condition will be
eliminated in future amendment proposals to address the ambiguous nature of the 'standard'.
Orange County, North Carolina—Unified Development Ordinance Page 5-97
Article 5: Uses 175
Section 5.8: Standards for Childcare& Educational Facilities
(a) Facilities involving the care of children and adolescents shall Th,-hechild
pare facility ,� +n be located in an area which is free from conditions
dangerous to the physical and moral welfare of the children.192
(b) Where a State license is required to operate the facility, the applicant
shall demonstrate Tthe minimum requirements to qualify feY aror a State of
Ner+h rnrelinn nhild! pare facility linensesald 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
nhil�rclients 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 picaEclient 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 nhild Gare
buildiRgthe facility and pla-y-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 nh'ld ^facility.
(g) Each nh'ld carefacility is required to provide at leasta minimum of 75
square feet of outdoor pla-y-space for every c-hlld 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.
(j) Each nhllfacility 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)P.
5.8.3 Non-Profit Educational Cooper Schools: Universities, Colleges, and Institutes 193
General Standards•Standards for Class A Special Use Per
of Cl A Special Use Permit 'n accordance with +he rn„ic inns of hi
Gn1Z�a'-Nv�*,uNvo�z-v�ccrocr-v ccoruurTcc�vrcrr-i rrc prvv-i�rvr��vrrrn�
Qfd* nGe
(A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit or CC-3, GCA O/RM, EDB-2, EDE-2, EDHA EDH-5, and MPD-CZ Zoning
Districts
192 All standards geared towards uses involving the care of children and/or adolescents are being moved to a new
section herein.
193 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-98
Article 5: Uses 176
Section 5.8: Standards for Childcare& Educational Facilities
(1) Submittal Requirements
In addition to the information required by either SectionLsj 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 on aeserdanee with Sen+�also she i
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 aliens 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.
(g) `env of the ernania 'nn By Lazo anrf/nr 4r+inln nGerpera+inn
t9� 9z'T'r �vr,--vim 'pvr�a,vrr
04LgL-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.
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Section 5.8: Standards for Childcare& Educational 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.
The applriGann+ must rl�nstrate is GOMpliaRGe with definition
"Non refitEdFreational Geoperatiye" as nnntained in Artinle 1nl of. V.—
Orrfinanno
5.8.4 Schools: Elementary, Middle and Secondar_,preparatory
(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 Sections 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;
(viii) Location of all proposed and future athletic fields and structures,
including:
a. Total number of seats for spectators, and
b. Location of concession stands, if any anticipated;
(ix) Proposed public roadway improvements; and
(x) Existing and proposed infrastructure improvements (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepared in
accordance with Section 6.8 of this Ordinance.
(c) 26 copies of photometric plans prepared in accordance with Section 6.11
of this Ordinance.
(d) Estimated water usage for structures, landscaping and athletic fields.
(e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance.
(f) A Biological Inventory, prepared in accordance with Section
5.17.6(A)(2)(b)of this Ordinance.
(g) A Resources Management Plan, prepared in accordance with the
Resources Management Plan definition in Article 10 of this Ordinance.
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Article 5: Uses 178
Section 5.9: Standards for Utilities
(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.
(2) Standards for the GC-4, 12, I-3, EDB-2, and EDE-2 Zoning Districts
(a) Schools shall involve only activities associated with Continuinq
Education, Performing/Fine Arts, Sports and Recreation, and Trade
schools as defined herein.
(3) Standards for the O/RM 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)j(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.
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Article 5: Uses 179
Section 5.9: Standards for Utilities
SECTION • FOR UTILITIES
5.9.1 Telephone Exchanges(without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations
(A) General Standard sStandards 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.
(e) Screening
(i) Buildings, structures, equipment or material shall be screened by
either a durable masonry wall, or a fence, or by natural planting,
designed to be compatible with the character of adjoining
properties, in order to materially screen the uses within the
subject property from the view of adjacent properties.
(ii) Screening shall be required along any portion of the perimeter of
the parcel, easement, or leasehold located adjacent to property
zoned for residential use, except where such property is owned
or leased by a utility, and used by the utility for public utility
purposes.
(iii) Where screening is required, walls and fences shall be at least
five feet in height, but need not be greater than seven feet in
height, measured from the ground along the common lot line of
adjoining properties. Walls and fences shall be constructed and
maintained in a safe and sound condition.
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Section 5.9: Standards for Utilities
(iv) Where natural planting is used as screening, a strip of land at
least ten feet in width shall be reserved for this purpose. The
planting strip shall be composed of an arrangement of shrubs
and trees. The shrubs shall be evergreen and shall be arranged
in two rows as minimum and planted at an initial height of at
least three feet, with distance between shrubs being not more
than five feet. The shrubs shall be of such variety that an
average height of at least six feet could be expected as normal
growth within no more than two years from the time of planting.
Trees, which may be eight evergreen or deciduous, shall
augment the arrangement of shrubs so that there will be a
screening effect of opacity to materially screen the use within the
subject property from the view of adjacent properties.
(4) The minimum required lot area for such uses shall be 5,000 square feet. The
facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility) which has been recorded with the Orange County
Register of Deeds.
(5) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
5.9.2 Electrical Substations, Switching and Metering Stations, and Associated Transmission
Lines, Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv)
(A) General StandardsStandards of Evaluation
(1) Perimeter fencing and setbacks for the utility structure shall be provided in
accordance with the National Electrical Safety Code.
(2) The components of the facility, including but not limited to towers, transformers,
circuit breakers, metering devices, and supporting latticework, shall be contained
within a geometric area not to exceed 12,000 square feet.
(3) The facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility) which has been recorded with the Orange County
Register of Deeds.
(4) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
(5) A Type E Land Use Buffer shall be provided along any portion of the perimeter of
the parcel, easement, or leasehold located adjacent to property zoned for
residential use, except where such property is owned, leased or consists of other
utility easements currently used for electrical distribution or transmission
purposes or no other purposes.
(6) Existing vegetation within an easement, leasehold or parcel of a public utility may
be used to satisfy the landscaping requirements.
(7) Modification to or replacement of existing facilities shall be subject to the
requirements set forth in this Section. Pre existing facilities may remain during
construction of replacement facilities, but shall be dismantled after the
replacement facility is in operation.
(8) The parcel or easement across the parcel, (whether owned or leased by the
utility) on which the facility is located shall contain a minimum area of 5000
square feet.
(9) The applicant shall submit proof of liability insurance covering bodily injury and
property damage demonstrating a minimum coverage limit of$500,000.00 per
occurrence.
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Article 5: Uses 181
Section 5.9: Standards for Utilities
5.9.3 Public Utility Stations and Substations, Including Electric Substations, Metering, and
Switching Stations Receiving More Than 100 Kilovolts (kv) of Electricity, Water
Treatment, Sewage Treatment Plant,Telephone Exchanges
(A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permits
(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 all existing or proposed buildings, storage areas,
parking and access areas, topography at a contour interval of five feet,
any officially designated floodplains or alluvial soils.
(b) Plans and elevations for all proposed structures and descriptions of the
color and nature of all exterior materials.
(c) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material.
(2) Standards of Evaluation
(a) Perimeter fencing and setbacks for the utility structure shall be provided
in accordance with the National Electrical Safety Code.
(b) The facility shall be located on a parcel or an easement across the parcel
(whether owned or leased by the utility) which has been recorded with
the Orange County Register of Deeds.
(c) Access easements extending from an approved public or private road to
the facility shall be a minimum width of 30 feet.
(d) Where a building is involved and it is proposed to be located in a
residentially zoned district, it shall have the appearance suitable for a
residential district, or it shall be screened from adjacent residential land.
(e) Where buildings are set back from road rights of way or from private
property lines by a distance of 200 feet, screening for the building will not
be required.
(f) A clearly visible voltage warning sign shall be placed at the base of all
pad-mounted transformers and substations.
(g) A Type E Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement area, or leasehold area located
adjacent to property zoned or utilized for residential use except where
such property is currently used for electrical distribution or transmission
purposes.
(h) Existing vegetation may be used to satisfy the landscaping requirements.
(i) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
(D The site is of adequate size for the sewage disposal system proposed
and for the proposed use.
5.9.4 Elevated Water Storage Tanks
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
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Article 5: Uses 182
Section 5.9: Standards for Utilities
In addition to the information required in Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) Location and size of all existing and proposed structures,
(ii) Existing and proposed topography at a contour interval of five
feet and
(iii) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans and elevations for all proposed structures and descriptions of the
color and nature of all exterior material.
(c) A Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, plus shrubs, ground cover and other landscape
materials.
(2) Standards of Evaluation
(a) Adequate provision has been made, by means of fencing or otherwise,
for the security of the site, including the provision of a gate at the access
entrance of access roads leading to such facilities.
(b) A minimum lot size shall be adequate for the proposed use.
(c) Adequate provision has been made for the protection of adjacent
property from the dangers of collapse, fire, flooding or other menaces to
public health and safety.
(d) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines
(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 and proposed structures within the site of the line,
(ii) All existing structures within 50 feet of the boundaries of the site,
and
(iii) Officially designated floodways and floodplains.
(b) A plan of erosion and sediment controls for the site.
(c) Typical cross sections for the installation showing elevation of all
structures and existing and proposed topography.
(d) Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
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Article 5: Uses 183
Section 5.9: Standards for Utilities
(a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b) The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
(c) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
5.9.6 Solar Array
(A) Standards for Accessory Use
(1) General StandardsStanclards of Evaluation
Residential and non-residential land uses shall be allowed to develop onsite solar
arrays as a customary accessory use subject to submittal of a professionally
prepared site plan in accordance with Section 2.5, demonstrating compliance
with applicable standards as well as the following:
(a) Nothing detailed herein shall be construed as the County mandating or
requiring property owners adjacent, or in close proximity, to a parcel
where a solar array is being erected to manage, remove, or otherwise
alter foliage to guarantee solar access to a proposed array.
(b) Capacity, Volume, and Area Limits
Solar Arrays, whether building or ground mounted, shall conform to the
following limits:
(i) Residential
a. Have a rated capacity consistent with local utility
providers net metering policy not to exceed 20 kilowatts
(for electricity); or
b. Have a rated storage volume of less than or equal to 240
gallons (for heated water); or
C. Have a collector area of less than or equal to 1,000
square feet (for thermal).
(ii) Non-residential
a. Limits shall be based on the average electricity, storage
volume, and thermal collector area necessary to support
the needs of the proposed facility,
(c) Device(s) shall provide power for the principal use of the property on
which it is located and shall not be installed and/or used solely for
income generation purposes where power is sold either to a utility
provider or other similar third party entity.
This provision shall be in no way construed as limiting the ability of the
property owner to:
(i) Transfer or sell excessive power generated onsite back to the
utility provider or other third party entity or
(ii) Receive credit from a local utility provider for the power
generated onsite as a means to offset utility bills.
(d) The property owner shall provide the County with written authorization
from the local utility company acknowledging and approving the utility
connection.
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Section 5.9: Standards for Utilities
In the case of an array erected on a non-residentially zoned property, the
array shall not be located within any required setback, landscape, or
buffer area.
(e) If a ground mounted array is removed, any earth disturbance shall be
graded and reseeded within 60 days.
(B) Submittal Requirements and Standards of Evaluation for Solar Array— Large
Facility(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 all existing structures on the property, any proposed
buildings or structures that are necessary to support the proposed array,
existing and proposed storage areas, parking and access areas,
topography at a contour interval of five feet, any officially designated
floodplains or alluvial soils.
(b) An assessment of the power needs for all structures on the property and
the anticipated power generated by the proposed array.
(c) The proposed arrays distance from all structures located on the property.
(d) Plans and elevations for all proposed structures and arrays as well as
descriptions of the color and nature of all exterior materials.
(e) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(f) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) The proposed array shall not require the alteration of existing land use(s)
to accommodate development.
(b) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(c) The height of proposed arrays and support structures shall not exceed
the height requirements of the underlying zoning district where the
property is located as detailed within Article 3.
(d) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(e) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(f) All mechanical equipment, including any structure for batteries or storage
cells, shall be completely enclosed by a minimum eight (8) foot high
fence with a self-locking gate, and provided with screening in accordance
with the provisions of Section 6.8.
(g) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
(h) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
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Article 5: Uses 185
Section 5.9: Standards for Utilities
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(C) Submittal Requirements and Standards of Evaluation for Solar Array— Public Utility
(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) A site plan showing all existing structures on the property, any proposed
buildings or structures that are necessary to support the proposed array,
existing and proposed storage areas, parking and access areas,
topography at a contour interval of five feet, any officially designated
floodplains or alluvial soils.
(b) Plans and elevations for all proposed structures and arrays as well as
descriptions of the color and nature of all exterior materials.
(c) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(d) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(b) The height of proposed arrays and support structures shall not exceed
40 feet.
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight (8) foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
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Article 5: Uses 186
Section 5.10: Standards for Telecommunication Facilities
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permits to re-stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
(f) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
SECTION1 • ' TELECOMMUNICATION
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan ("Plan")
(A) The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display locations
within the County's zoning jurisdiction where property owners have expressed formal,
written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's telecommunications
consultant.
(E) Modification of the Plan may be considered annually at the first Public Hearing of the
calendar year. Any applicant requesting modification of the Plan shall make application to
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Article 5: Uses 187
Section 5.10: Standards for Telecommunication Facilities
(b) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(d) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of this Ordinance.
(C) Neighborhood Information Meeting
(1) For all administratively approved wireless support structures, excluding
collocations, a neighborhood information meeting shall be scheduled in
accordance with the provisions of Section 5.10.8.
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(1) To minimize adverse visual impacts, stealth antenna types shall be preferred. If
a non-stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the Planning Director, why the
stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot be used
for the particular application. This does not preclude a combination of the
various types of antennas.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards of Evaluation for Stealth Rooftop or Building, Water Tower, or
Transmission Line Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
line;
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Article 5: Uses 188
Section 5.10: Standards for Telecommunication Facilities
(6) If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25%of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
(8) Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C) Standards of Evaluation for Non-Stealth Rooftop or Building, Water Tank or
Transmission Line Mounted Antennas
In addition to the standards established in Sub-Section (A) above, the following are
applicable to all Non-Stealth Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure, water tank, or transmission line;
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25%of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b) The utility poles shall be located on public property, within public
easements, or public rights-of-way.
(c) The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina, and competent to evaluate
antenna choices.
(d) The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
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Article 5: Uses 189
Section 5.11: Standards for Waste Management Facilities
(3) Facilities have been located, constructed, or modified without first obtaining, or in
a manner not authorized by, the required Special Use Permit, or any other
necessary authorization and the Special Use Permit may be revoked.
(C) If the County makes such a determination as noted above, then the County shall notify the
holder of the Special Use Permit for the facility within 48 hours that said facility shall be
removed.
(D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and
remove such facility, and all associated structures, from the site and restore the site to as
close to its original condition as is possible, such restoration being limited only by physical
or commercial impracticability, within 90 days of receipt of written notice from the County.
However, if the owner of the property upon which the facility are located wishes to retain
any access to the facility, the owner may do so with the approval of the County.
(E) If a facility is not removed or substantial progress has not been made to remove the
facilities within 90 days after the permit holder has received notice, then the County may
order officials or representatives of the County to remove the facility at the sole expense of
the owner or Special Use Permit holder.
(F) If the County removes, or causes to be removed a facility, and the facility owner does not
claim and remove it from the site to a lawful location within ten days, then the County may
take steps to declare the facility abandoned, and sell them and their components.
(G) Temporary Use Permit/Agreement
(1) Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facility, for no more than 90 days,
during which time the holder of the Special Use Permit shall develop a suitable
plan for facility removal, conversion, or re-location, subject to the approval of the
County, and the holder of the Special Use Permit and the County shall execute
an agreement to such plan.
(2) If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the bond.
5.10.10 Ham Radio Antenna 194
(A) Standards of Evaluation
(1) Shall be for the private use of the property owner on which they are located.
(2) Shall not exceed 90 ft. in height.195
(3) Minimum setbacks from the base of the antenna to the property boundary shall
be equal to 110% of the tower height.
STANDARDS - 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.
194 As indicated herein there was a 2007 State law requiring local government to allow for reasonable access to
personal ham radio antenna. Staff is proposing to modify the UDO to ensure this allowance is provided for.
19S 90 ft.of allowable height is specifically referenced in the State law. Staff is again incorporating the specific
allowance with the UDO as part of this amendment package.
196 Setback standards are the same for a telecommunication facility(i.e.cell tower).
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Article 5: Uses 190
Section 5.11: Standards for Waste Management Facilities
(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) 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 and Class B
Special Use Permits lur-
(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.
(v) Operating practices to be followed to ensure compliance with
performance standards in Section 2.7.7(E).
197 Under existing regulations a landfill operation less than 2 acres in area is required to obtain a Class B Special Use
Permit. Staff is recommending the elimination of this distinction and requiring landfills, regardless of size,to
obtain a Class A Special Use Permit.
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Article 5: Uses 191
Section 5.12: Standards for Extractive Uses
(h) The site plan has buffer from streams.
SECTION • ' 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
WLQL_Gen`rarStandards 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. 198
(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.
198 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.
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Article 5: Uses 192
Section 5.13: Standards for Agricultural Uses
(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 - AGRICULTURAL
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.
fou
(b) Within the Rural Buffer land use classification, as designated by the
adopted Comprehensive Plan, as part of a Conditional Zoning District
application.
(A)LQL_Gen`ral-Standards fo-r-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.
199 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.
200 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.
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Article 5: Uses 193
Section 5.13: Standards for Agricultural Uses
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.
WLQL_G Standards foY-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 fo�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.
WLQL_Genefa1-Standards fof-Of Evaluation
(1) The minimum lot size shall be 3 acres unless permitted as an ASE-CZ.
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Article 5: Uses 194
Section 5.13: Standards for Agricultural Uses
(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
(i) Operations involving the on-site grinding of materials shall only be permitted
within the AS and ASE-CZ Zoning Districts.
(2) Operations involving on-site grinding of materials shall not be permitted:
(a) As a Conditional Use District. Refer to Section 5.1.3 of this Ordinance.
0
(a)(b) Within the Rural Buffer land use classification, as designated by the
adopted Comprehensive Plan, as part of a Conditional Zoning District
application.2a
(B) General Standards W 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:
201 Again,the proposed amendment is designed to include existing prohibitions currently denoted using symbols.
202 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-145
Article 5: Uses 195
Section 5.13: Standards for Agricultural Uses
(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)LQL_G`n`rarStandards 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
Orange County, North Carolina—Unified Development Ordinance Page 5-146
Article 5: Uses 196
Section 5.13: Standards for Agricultural Uses
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.
WLQL_Genefa1-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
Orange County, North Carolina—Unified Development Ordinance Page 5-147
Article 5: Uses 197
Section 5.13: Standards for Agricultural Uses
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)LgL_G`n`mVStandards fe 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:
Orange County, North Carolina—Unified Development Ordinance Page 5-148
Article 5: Uses 198
Section 5.13: Standards for Agricultural Uses
(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)LQL_Gen`rarStandards fo-r-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.
WLQL_G-enefal-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
Orange County, North Carolina—Unified Development Ordinance Page 5-149
Article 5: Uses 199
Section 5.13: Standards for Agricultural Uses
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 Zoninq
District application.
(A)(B) Standards fer-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.
Orange County, North Carolina—Unified Development Ordinance Page 5-150
Article 5: Uses 200
Section 5.13: Standards for Agricultural Uses
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.
WLQL_G Standards fer-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 Districts
203
(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
203 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.
Orange County, North Carolina-Unified Development Ordinance Page 5-151
Article 5: Uses 201
Section 5.13: Standards for Agricultural Uses
proposed use.
(2) Standards of Evaluation—
(a) Minimum lot size: 5 acres for up to 10 horses, increasing by 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 Zoninq
District application.
(A)LqLG-e-nefal-Standards fe�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.
Orange County, North Carolina—Unified Development Ordinance Page 5-152
Article 5: Uses 202
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
(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 • ' MANUFACTURING, ASSEMBLY
PROCESSING
5.14 1 Metal Fab rnGatuGn Chin 204 '-�
(A�StandardsM for AV ASE-CZ Zoning DTostrTFt
(1) Facility must be on o bona fide form
(2) Minimum-i size: 3 acres.
(3) Maximum building .sizes3,000 square feet-.
q iarefcct-.
(4) if IGGated adjaGent to residentially zoned property, all buildings and Operations
must be IGGatod a minimum of Ono foot from the property lino
5.14.1 Manufacturing, Assembly, Processing and Distribution Uses Food
(A) Standards For NC-2 Zoning District
(1) Uses shall be limited to 10,000 sci.ft. of building area.205
(B) Standards for EDB-1 and EDE-1 Zoning Districts
(1) Uses shall be limited to 20,000 sq.ft. of building area.2os
5.14.2 Microbreweryedtien only
(A) Use Standards
zoo Moved to Section 5.15 Standards for Manufacturing,Assembly, Processing,and Distribution—Other than Food.
20S As indicated in a previous footnote,staff is recommending a 10,000 sq.ft. limitation on buildings for uses in the
NC-2 zoning district.
206 As indicated in a previous footnote,staff is recommending a 20,000 sq.ft. limitation on buildings for uses in
these districts. The recommended size limitation is based on the overall purpose and intent of the district to serve
low intensity land uses.
Orange County, North Carolina—Unified Development Ordinance Page 5-153
Article 5: Uses 203
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
(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) 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. Refer to Section 5.1.3 of this Ordinance.
(3) Specific Standards for RB and AR Zoning Districts
(a) Only Microbrewery, Production Only shall be permitted for development.
(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
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.207
(2) Additional Submittal Requirements for Microbrewery with Minor Events and
Microbrewery with Manor Events
4 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
207 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.
208 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-154
Article 5: Uses 204
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
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.
(MJCLStandards for-of Evaluation for Microbrewerv, Production Only Class B Special Use
Permit or OR/M, 1-1, 1-2, 1-3, 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.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3)yAppliGation materials shall 'hnGlrade arGOmprehen oe groundwater st dy fvr
faGilities expeGted 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 denim+,y�existing zoning FiGt would allow. For example if the
existing zoning district allows a residential density of 1 unit for 7 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three tomes the water used by an average single family
residence (or 720 gallons per day, on an annualized basic) before a
comprehensive groundwater study is required. The water carve rotes of any
Said study shall detail.209
(a) The amount of wa#erarnntiGipa+ed to beused on a cekly, monthly,
and annual basis bregulated�� •• uses vcGated on he parcel�e,.g.,, water
usage by bona fide farm uses is not required to be ,
(b An analysis of the amount of groundwater withdrawal conrvsiddered to be
cafe and sustainable in the immediate vicinity; and
(a) 4n analysis of whether other wells in the,vicinity of the proposed use are
expected to he 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-CZ
MM 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.
209 Language moved to Section 5.14.2(A) (3)above.
210 Moved from Section 5.6.8 of the UDO and renumbered. Standards have not been modified.
Orange County, North Carolina—Unified Development Ordinance Page 5-155
Article 5: Uses 205
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
(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)M 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)LEL-Standards of Evaluation for a Microbrewery with Maior Events for ASE-CZ or MPD-
CZ Zoning Districts2
MM 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)M 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. i A 3 Saw,,,.,ft 212
(A) General Standards for Evaluation and ACC-GZ Zoning district
(1) )mini m loot sozie: 5 aGFcS.
(2)All StrUot"��ent and storage shall he IGnGated a minimum of 100 feet
from the property line
(3) Hours of operationshal.11l be limited to the hours between 7 a.m. and 7 n m
•/ Site road,shall have direct across +n a major as classified in the Orange Co n+v
Comprehensive Plan and shall use said road as the primary access unless
approved otherwise in the permit.
5.14.45.14.3 Winery, prsduction-snly
(A) Use Standards
211 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.
212 Moved to a new Section 5.15 addressing development of non-food manufacturing operations.
Orange County, North Carolina—Unified Development Ordinance Page 5-156
Article 5: Uses 206
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
(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) Winery 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. Refer to Section 5.1.3 of this Ordinance.
(3) Specific Standards for RB and AR Zoning Districts.
(a) Only Winery, Production Only shall be permitted for development.
(B) Submittal Requirements
(1) Applications for a Winery, Production Only:Winery with Minor Events: and
Winery with Maior 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: 213
(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 Maior Events T
(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
213 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.
214 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-157
Article 5: Uses 207
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
structures.
(iv) A description of retail sales and facility tours, if proposed.
(B)Jq)_Standards fer-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.
(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) A pliGation materials shall include a GOMprehensive groundwater yrouundwa-ter c+ Gr
faGilities expeGted to use more groundwater on an annual basis than an average
single family residence (whinh uses 240 gallons of water per day) built at the
hoc+density the existing no distri allow. For ample 'f the
cur-uep�ry--�r,�e�C;ut,,,�z$n:,,g-a,uc,� example, i,-zrrc
existing zoning district allows a residential density of 1 unit for 7 acres and the
proposed use is on a six acre parcel (which coy ld yield 4 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 carve rates of any
8XiGtiRg use subject to zoning regulations located on the same lot s I hp tpkpn.
RtA Ar-.PA11Rt WhBR determining if a comprehensive groundwater study is requirecl-.
Said study shall detail:
(a, The amount of wa#erarnntiGipated to bebe used on a daily, cekly, monthly,
and annual basis by regulated USeS Ioucated on the parcel�e,.g.,, water usage by bona fide farm uses is not required to be e
(bb) An analysis of the arnount of groundwater withdrawal to be
safe and sustainable in the immediate Vicini+,y• and
e
(c) analysis of whether other wells 'n the vicinity of the proposed use are
.r-vr-vv whether �n `"' ff�„'��`"'ff�„'`"'u ��c are
expected to he affected by withdrawals mode 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
(24M 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.
MfQ 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.
(6)(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.
Orange County, North Carolina—Unified Development Ordinance Page 5-158
Article 5: Uses 208
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses- Food
(7)(6) Food services are not allowed unless approved in the permit.
(8)M 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.2,a
(E) Standards of Evaluation for a Winery with Major Events ASE-CZ and MPD-CZ
Zoning Districts
MM 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.
(3)L7) The permit may limit the frequency of events.
(S)M Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.216
in G Ind-uStrial Light
(A) Standards or the TZonirn g D-iistri Gt
(1) The following Multiple Uses are permitted in the O/RSA zoning district when the
`•/ Principal Use type is industrial, Light and adhere to the standards of Section
G.14.5( /r)\•
`�i'`A\7p C,2,TI
s & FonanGial Institutions
(n`)Laundry & Dr„Gleaning SeryiGe&
(d) NightclubsBars, Pubs.
(eRestaurants: Garry-OW
(ff) Restaurants: General
(g) Retail, Class 1
/h`rr)__ RI"'n+ter-nrn9_ Lithography
rgr'uI—y
C2) Multiple Uses, identified in Section 14 5(A\/i\ o permitted 'n the O/RSA
rr zonin district only in accordance with the following standards:
(a) The site plan must identify the square footage of each_structure bytype
o use.
215 Existing standards moved from Section 5.6.11 of the UDO and renumbered accordingly.
216 Existing standards moved from Section 5.6.12 of the UDO and renumbered accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 5-159
Article 5: Uses 209
Section 5.15: Standards for manufacturing, Assembly, Processing,and Distribution Uses—Other than Food
;h)ThePincip"ol Use of Industrial, Light must be estabnl'shed on the
site—
(c) The Multiple Use shoall_ rl not_exceed 250��_o thetotal square footage ef all
�i etyres on the cite
�ru�--rvrc�-�rrzr-r�a-r�...
5.15.1 Manufacturing, Assembly, Processing and Distribution Uses -Other Than Food
(A) Standards For Ell and 1-1 Zoning District
(1) Uses shall be limited to 10,000 sci.ft. of building area.
(B) Standards for EDB-1 and EDE-1 Zoninq Districts
(1) Uses shall be limited to 20,000 sq.ft. of building area.
5.15.2 Metal Fabrication Shop 217
(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.
iR)(4) If located adjacent to residentially zoned property, all buildings and operations
must be located a minimum of 200 feet from the property line.
5.14.65.15.3 Research Facility With Manufacturing 2i8
(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 With Manufacturing and adhere to the
standards of Section 5.15.3(A)(2):
(a) Banks-& Financial isfi,,,�,tuti ws—Services219
(b) Service land uses limited to Beauty& Barber Shops, Laundry and Dry
Cleaning Services
(c) Eating and Drinking Establishments limited to Nightclubs, Bars, Pubs,
Restaurants Carry Out and General.
(d) Retail, rI� limited to 12,000 sq.ft. of building area
(e) Manufacturing, Assembly, Processing, and Distribution Uses—Other
limited to Printing & Lithography
(2) Multiple Uses, identified in Section 5.15.3(A)(1), are permitted i^ +h„�he 04M
zoning distriGt only in accordance with the following standards:
217 Existing regulations from Section 5.14.1 of the UDO.
218 These are existing standards moved from Section 5.17.10 of the UDO. Please note staff is recommending
modifications to ensure consistency with other proposed changes.
219 Staff is recommending changes denoted in Red Bold Underlined Text to ensure consistency with other
recommending changes in the references to a specific land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-160
Article 5: Uses 210
Section 5.16: Standards for Automotive/Transportation Related Uses
(a) The site plan natist shall identify the square footage of each structure by
type of use.
(b) The Principal Use type of Research Facility With Manufacturing must be
established on the site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
5.15.4 Sawmills22o
(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.
(B) Standards of Evaluation221
(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.
STANDARDS FOR
AUTOMOTIVE/TRANSPORTATION
5.16.1 Airports, General Aviation, Heliports, STOL 222
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(B) 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.
220 Existing regulations from Section 5.14.3 of the UDO.
221 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.
222 Existing standards moved from Section 5.17.5 of the UDO and renumbered accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 5-161
Article 5: Uses 211
Section 5.16: Standards for Automotive/Transportation Related Uses
(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.
(a) Access shall be directly onto a State maintained road.
(h) Compatible land uses are located in the final approach areas of the
airport.
5.16.2 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.
5.16.3 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.
5.16.4 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.
5.16.5 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-162
Article 5: Uses 212
Section 5.17: Standards for Medical Uses
5.15.15.16.6 Motor Vehicle Sales/ Rental (New & Used)
(A) Use Standards223
(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, 1-1, 1-2, 1-3, EDB-1, EDB-2, EDE-2, EDH-4, and EDH-5 the
display of vehicles outdoors shall be limited to 45 vehicles per acre of property.
W(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.
MJgL_ en`ral-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. Zoning
(G) ndar-dq fnr-the-I�2 -a EG-5, 'vnd-.E-1 e "r -aDm Strivc.S224
(1)TheITa�i n�hinciteS-evi leers shall be limited to 32 vehi"Ir.rcTper-acre of
prepert7
(D) Standards for GC-n, 1-1, 1-2, 1-3, GzBTC1l B-2� .end ErDE-2 czrvrc�rrcr
The display of�iohinloo eutdeors sh-all he limiter!+o 45 Vehieles n of
property.
5.16.7 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.
(B) Standards for the LC-1, NC-2, and EC-5 Zoning Districts
(1) Shall be limited to no more than 10,000 sq.ft. of building area.
STANDARDS • ' MEDICAL USES
5.17.1 Hospital
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance
223 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.
224 Subsections(C)and (D) have been relocated,as currently written,to Subsection (A)as detailed herein.
Orange County, North Carolina—Unified Development Ordinance Page 5-163
Article 5: Uses 213
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
5.17.2 Medical Uses
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(B) Standards for the 1-C-1, NC-2, CC-3, OR/M, EDH-1, EDH-2, and EDH-3 Zoning
Districts
(1) Shall be limited to no more than 10,000 sq.ft. of building area.225
5.16.15.17.3 Veterinary Clinic
(A) Standards feiL-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
i `, be located a minimum of 100 feet from the property line.
5..-16.2 Veterinarvnm-y-Clini� ola_"226
(A) Standards for Class B Cnnnial I Ise Der-m-if n-r ACC-Q tar 11ADIl-P`7 7n-ninn District
(1) in the AR, Q_i and ASE GZ zoning diStri GtS,, this use is intended to helm+ed
on the sarne�pn�]�as+� r'��denr�T mobile nlinin shall ho
" P'�"f•• ! `-` a-rrrwn.�cm�rrvc
parked to the site or rear of the residence, not 'n front of the residence unless
Nurrc zv--ir-rc uiac-vr-r�,urv�-cr-rc�c:rrcrcr-r ti-n residence, 'ar-rrc-u-o
permitted otherwise in the permit
(2) For all zoning districts in wh ch this use is permitted, observation shelters for up
to three large or small animals shall he considered an accessory use. The permit
c�-ir-rri.c-rurgc-vr ur��urrurrrrr-ra � rr.�rcrcr -ai-r-ac
mays eify a eater number of observation shelters and may limit the
mber of days an individual animal may be observed.
(3) if adjaGent to residentially zoned property, all mobile GliniG Operations shall be
located a minimum of 100 feet from the property line
(4) Veterinary serViGes whereby the publiG brings their animal to the mobile GliniG
Iona+inn shall not he permitted, unless spenifinally permitted in the permit
5.16.35.17.4 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.
22S 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.
226 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-164
Article 5: Uses 214
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
STANDARDS •
USES
5.17.15.18.1 Chi Assembly Uses
(A) Use Standards
(1) Assembly uses with an occupancy of 300 or more persons 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.227
(B) Standards for all Residential Zoninq Districts
(1) Unless otherwise denoted within this section, assembly land uses shall observe
the following minimum setbacks:
ChUrGhes are required to provide set_h_ar__kq_ in resid-e-nti-al dilstrir0ts; the minimum shall be
as
TABLE 5.1 A.A: SETBACK STANDARDS
SETBACK DISTANCE(FEET)
Front 45
Side 50
Rear 50
(C) Standards for LC-1, NC-2, and EC-5 Zoninq Districts.
(1) Assembly Uses shall not exceed 100 persons at any given time.
(2) All activities shall be conducted in doors.
5.17.25.18.2 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.
(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.
227 There are existing prohibitions within Section 5.2.3 Table of Permitted Uses-Conditional Zoning Districts
limiting certain land uses from being developed on property located within the Rural Buffer land use category.
Staff is including such prohibitions in Article 5.
Orange County, North Carolina-Unified Development Ordinance Page 5-165
Article 5: Uses 215
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
(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.
�. 17 R /'`emmernial P`emeferies 228
/A\ Standards for Class B Special Use Permit
M\ Submittal Requirements
In addition to the information required by Section 9 7 the following shall he
submitted as nor+ of the application:
(a) Evidence tho�_�a the requirements of the North Carolina General achieved
Chapter 65 can he achieve and that the standards of the hI C Statutes
r� Geme+e Fy Gemm'ss'nn shall he met.
(E)Standard's-oi EvaIu.uatoon-r
(a, ) A minimum In+cite of two is provided.
(b) Thee shall have rdirectaGGesstoa GG"e r or arterial street
/ There shall he adequate spaGe within the site or the- arking-apa
manes��ierinn of funeral cartilages
(d) n+ +c shall take ce within 30 feet of any In+ line
�� ermep��,� �oTe
InTT General Aviation Airports, STOL and HelipeFta 229
(A) Standards for Class A Special Use Permit
(i)Suh�mi«al Requirements
In addition to the information required in section 2 7 the following shall he
submitted as nor+ of the application:
(a) A configuration diagram g rdepictin the loon t of runways, +t i
approach zones and overrun_areas. These diagrams shn��vpla_a��no�h-e non
aerial photographs that show the area within five miles of the proposed
s
/h\ n n nto ors showing the ec+s of air Graft operations upon land
\�� vt�i�. .�rr�vurrvrrvw�m� ccrrvr-c�rrErt�-rc-vp
��wiithin one mile of the boundary of the proposerd site.
(G) he number and types of air +Ert�rftpropo-.sred to be stooredirrGluding also thee
storage areas for aircraft fuel and motor vehicles service areas for
airGFAtt.
(d) w on site firem es Ue services shall be prgyideb and a letter from
the appropriate a v stating services are available and ardeg ate to
protect the proposed fac'I'+v
(e) Lost land uses within the final approach zones of the airport
228 Relocated to the Service land use category.
229 Relocated to the Automotive and Transportation land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-166
Article 5: Uses 216
Section 5.18:Standards for Miscellaneous ASSEMBLY Uses
f) Certification ion that all Federal Aviation Administration (FAA) and State
��standards and requirements have been mot
(2) Standards of Evaluatmon
(a�)All F.A.A. and State are met Gendi+inn of approval
(b) Thee an Pp regulationsoperation will not adversely aa-frfeGt existing aGen+ land
land
uses.
(G) Land same+ent to provide approach zones and overrun reas is owned or
Gontrolied by the appliGant.
(d) Adequate land area is provided for all of the proposed uses, buildangs
and storage areas
C '�reening of buildings, storage and maintenannco_areas T'I`"' provided deed from
", adjacent residential land
(ff) Letters from appropriate fore and rescue agene;os that PFE)tesf;wtQ servMces
can he provided at an adequate level
(g) Access shall be directly onto a State maintained road.
(h) Compatible land uses are Ieeafed on the final appreachareas of the
airport.
(A) Standardq for Class A Special Use Permit
0) G-hmittal Requirements
In addition to the information required in Section 7 7 the following shall he
submitted as part of the app"Gation:
(aa) NGti Toa�T
Stomped envelopes addressed to each owner of property within 500 feet
of the property proposed for__subdivision. The names and addresses Of
property owners shall he based on the current listing as shown in the
Orange County Land Records system
(b) Development Schedule
A statement
s from the opplicap+y prdica+inrr the ap+icipated .development
Schedule for the build out of the project
(o) Water and Wastewater
if the proposed lots are to be served by a publiG water stem-,
proof of water supply and seFViGe availability On the form of a
certified copy of a resolution to that effect enacted by+he
governing body of the water system providing the water to serve
the lots OR subdivision.
if the proposed lots are to hieserved by o public sewer system
proof of public sewer service availability in the form of o certified
copy of o resolution to that effect enacted by the governing bordy
of the sewer system providing the sewer service to the lots in the
won.
Orange County, North Carolina—Unified Development Ordinance Page 5-167
Article 5: Uses 217
Section 5.18:Standards for Miscellaneous ASSEMBLY Uses
if the_proposed lots are hi o e served b a community water
and/or sewer system proof that the system(s) will be operated
either directly by or through cep+rant with the .dater and/or sunder
provider whose service area or interest area It is as defined in
the Water and Sewer Management Planning and Boundary
Agreement and Map adopted DeGember 3, 2001, and as may be
amended from tome to time-.
if the reed lire to be served by individual e
community wells, prepareda professionally prepare groundwater yield
analysis relating the proposed wells to the U.S.C Geolog'caI
Survey Water Resources Investigations Report 00-4286 and any
later I SGS Water Resourcedata Investigation Report ata available
i(v) f lrhre-proposed lots are to be ser ved by-indiyirrar-v-idual slept nz c systems
the Environmental Health division shall submit a report indicating
approval for each building lot and for the open space
hem eowners' association amenity is proposed to he nnnstpinterd
within the open space
/rill Cp G
� Open
A map that demonstrates that the open space composi+inn accessibility
0 0
shape and so its as set forth in Section 7.13 of this
Qrddinancp are+n he mot
;e Natural & Human-Made ResnurCeS
�'/ A written and graph'o site analysis illustrating soils depth to water+able
slope, hydrology,hyrologyu vegetation, natural areas an habitats of special
r
concern infrastructure and other constructed features, historic and
archaeological sites and visual analysis of views into and from the site
/f) Pedestrian g --/BiGyGle Plan
if the subdivision is Ilnca+ed in Q Transition Area designate as
TfJ
sUch on the Land Use Clement of the Comprehensive Plan a
r
plan for sidewalks or pedestrian/bike lanes as part of the publiG
roads using, w here appropriate, alternative North Carolina
Department of Transperta+inn ddesigp guidelines that incllude
pedestrian/bike lanes as port of the roadpublic road system
r proposals not located�n a transition_areo on off-road,
pedestrian plan shall he submitted.
(gg) Landscape Plan Details
A landscape anrd tree preseryatinn plan that shows the following:
he proposed loci inns nrd types of, plan+ingS
a 'sting natural land-! ape with sting topography,
TT�,.�e�C;u•r„�-,�rurrur�vss�rre�Ci�[7 I ,
The width of roadside and perimeter buffers to left
undisturbed
The open spaGe (proposed undisturbed and proposed
as well as type of owner I i.
(2) Additional Submittal Requirements- For aI�npliGations of ever A�v lots
(a)olid Waste
rite
The location within the subdivision ision of o solid waste convenience
�c-ry Aare-�urvr-r-vr-a uv�.a-vvaoc�. convenience
center(s) intended to serve the subdivision and, where appropriate the
area in which the subdivision is located
r -ir �-rvcurca.
Orange County, North Carolina—Unified Development Ordinance Page 5-168
Article 5: Uses 218
Section 5.18:Standards for Miscellaneous ASSEMBLY Uses
/b Biological inventory
A bioiogical inventory which identifies the fnl�soil
a. Habitat diversity,
bSpeci esy_
G. 'es of special concern s�Bch as those designated as
eb'�'c-,rvr.�p ccrcrrcvncrnn.a T-av--a�vvc-acvrgriurca�.�
threatened or endangered,
ad. Last a nnown cig htipg-,
e Candidate �� peGies likely be present which�y
�� ��n1c �cT �nr-vv-nT.rn
warrant proteGtion,
f SpeGimen trees. eu tstanding in size nd/er y nd
9. +�e s+a -s ands of+he informa+inn c piled in +he
�y.
The biological inventory shoAll�.l be accompanied by an analy�l�
describing the following:
a. Habitatintegrity,
b. Relationships between habitats and to eGGIIG&a4
communities effs4e
e
G. Any eexistingthrflora and+s +n flornd fauna and
d. Potential for hahi+•I+ ep h�an�ce epT
(E) €+mental Mitigation
A mitigation plan is required when any wetland or ether environmentally
sensi+i�ie identified in the biological inventory will he altered as A
result of development of the subdivision or construction of homes nr
other buildings and structures associated with the subdivision. The
mitigation plan shall 'RGIude the fnllewing•
A.R -f the Iron ggi I value of resn r that 'II he
,�,�ese r� � �Ees-t,�,A«��
lost and a statement of how that value will be replaGed through
sp c statement of goals and ohie es a a�
ape �ateF�eii�r .��C�1���2�EA y
what steps will he taken+o compensate for Ins+ habitat, eG •
t •e
DetailedzeeGFp+mops on the form of grading plan cGonstruG
plans and planting plans to illustrate how ohieGt'Ves will he
e
carrier! out;
carried-var
A monitoring and maintenance lain to measurre success of the
mitigation based on stated objectives include a I'st of parties
responsible for monitoring and maintenance, a schedule.. _for
each and how results will he reported to the Planning and
Inspections rl epartment•
/v,y) A plan shewing how the sitewill be provteGted from 'mpp'aGts by
human and unwanted animal intrusion alternate plant species
e
and cops+n Uction methods that coUId he used in the event
adjustments or substitutions are needed unto! the mitigation area
is esstabblishedema
( A financial anal guarantee see Is required forhe total cost n�i_of_the
mitigation project Once t�stalla+inn is complete 30% of the
"`J•n"�"-P'�J �rurrairvr-r-�� rr-rpri.c�.�v-iv--yr-ir-rc
amount of the letter of credit or escrow w'II he held for 12 months
or nt'! the s'te is established whichever is greater.
/damTraffic Study A traaff� nic impact study required with all applicationsfor
the
fig:
Orange County, North Carolina—Unified Development Ordinance Page 5-169
Article 5: Uses 219
Section 5.18:Standards for Miscellaneous ASSEMBLY Uses
a Ci ihrli ri+h more than 40 lots outside of transition
areas, and
h. Subdivisions with more than 80 lots within transition
areas.
The
study shall inGlude an analysis of the need for-np'crbliG.-rv'cca
im prnyeme its inGl uding pedestrian_oriented enhancements for
r �
nn_si+e and off site Improvements as said improvements relate to
the level of service impac+ed by the development
n traffic; par+Study shall h prepared 'n an rdan e with the
jrtr� r-ttGrrr�paor�raa�un�e--�r"Murca-irrac�raa-r�
requirements of Section 6.17.
/'2,3) Standards of Evalu n
(a) The projecteets all applicable design aryls and other
rng� irnments of this Ordinance
/h)The_prn_ec-�-t_meets all service_provision criteria as set forth below:
" project"1 .�-urr�rc service-r provision criteria-a:r..r
/ identifies the primary and secondary responders and +he
se urce/s\ of water.
PGnG- identifies primary and se endr rresponders.
s e seryi s the primary and se ndary
rm� ��-r.crvr�e� elf c�i-raarp
responders.
Water Supply sourGe and GapaGity Of water supply.
//�)WastewaterTreatment Methods provider andCapacity Of
wastewater+reatmept s
(c) Habitats shall h�Qen ified-nand evaluated in the biological inventory
rng� irnd by Section r. 17 6(A)M\/b\and are subject to the following:
An-undisturbed buffer is required around the boundary of
habitats of rare threatened or endangered species as sh9WR n
habitats �rrn ca�cr-rca,�r��-rear-rgcrc��pi�rc�-cr.T.�rTv-rv�-r-mR
the hioleg'ic�al inventory. Buffer width shall he determined by site
staff-,evaluation In Gonsultation with the appliGant's biologist and
County
a+ hap +s as descrih in the binlegical 'nv +nry
el�rrar�F..ef ner�rr-av-c�..rcrry �m c-vrmvg rcur-irrver�zvrp
shall he made for a broad range of species to help mitigate the
less of wildlife habitat during cons+rUs+inn Examples include:
a. PFeGeFViRg, plant'R Rd m Rta of a variety/�f native
vege+a+inn (also dead tree l and snags);
"�)
binstallinr g structures conducive for nesting such as bird
houses or bat boxes designed and located for various
�. (`yea+'ng �nrntlands•
Conservation easements oorothrer al em�SUGh as�oc raGGeptahAr
or
ay
r ,.,G ,.,„,,�
oa
hole insuring pp,,rroo.,p�er,„lo�Teerr r� mten-anrGG';-and
Provide {�S-or Pert g, and ignageu�e at the edge e�f„, ai
butters rto prohibit vehicularr.icular a Tanda_ppedesitr ian accessi�t ly F Limited
access may he allowed if proposed in a sensitive manner for
environmental education purposes.
(dd) Landscaping ..
Orange County, North Carolina-Unified Development Ordinance Page 5-170
Article 5: Uses 220
Section 5.18:Standards for Miscellaneous ASSEMBLY Uses
// €xistmega+o+iiu vegetation shall be-preserved-as indicated on the
approved landscape plan in accordance with the provisions of
Section 6.8 of the this Ordinance;
Tree surer shall be installed and maintained
between II areas of distr rrbance and trees to be retao nor! s
c�cTrrcrn-arrarr.Cl.Tvr�.rcn-r�c[rT.crurrcr[rcc�c�vc�c.-curr'rca�..r
shewn on the approved landSGape plan. A detail of the tree
rriders GonneGtirg habitats identified On the biologiGal i
shall he preserved along streams,
i r hffersu or other wooded
areas If destroyed during construction, such connections shall
he restored sing o. . prate plant materials;
Trees Trees and_stumps cleared for roads and building const.rructi
shall eo+her he used for timber purposes or shredded for
landscape mulch, composted buried or otherwise disposed of
BUT NOT RI IRNICrI
/v�)Berms, eeces and landSGaping walls maybe used with nm+t
materials for screening provided Sr rch features are designed and
r
Iecated in harmony with other site features and fr rnctonns•
e
/yi1 To minimize visual impact by bleeding are +e ture in+rrto me
°'� �rtrrrc ui-rm-pa�c-r�cir cxtrr9-ur tt
surrounding !andE;Gape, foundation plantings are required at all
freestanding entrance-sigFfs;
(von) Use of xeri taping-princi lee.
(e) Stormwa+er Management
A storm ooaater management plan shall he prepared and reviewed
in accordance rnro+h the provisions of Section 6.14 of this
Vie: +
/i All drainagestrUGtUres will be installed and maintained aGGofamg
to the approved Stermyrater Management Plan
Subdivisions ttha�T Fctrrral Stermwater measures� all
�s Rtt
comply with Section 6.14 of this Qrdinance
(f) Grading and Erosion Gontrel
Plans for grading and erosion control comply with standards
con+a'ned in the Orange County Erosion and Sediment Control
Manual and this Ordinancae
Construction is phased to the extent practical to minimize
dos+ rbance and sedimenta+inn•
cnvrcrr-r�ar-rcc-at-ra-vca�r-rtia trvr-r
en I II he properly installed fe
a frr.�rTt-centre,-„-reas�;�s�r.,,� to�o 'lt«r
sedoment from runoff during conetn rc+inn and maintained until
grading iS complete and a permanent vegetative Gover has been
establoshed and all slopes stabilized; and
Permanent laanddSGaprng rdGeyer,Fn U'Gh etG. will be
installed as seen as practocal after cnnstri is+inn actoriitoes for each
phase are completed
(g) lid Waste Management Plan
0 solid waste management plan,
submitted as port of the Resources
Management Plan shall include +he method(s) of disposal and recycling
of constrr c+'on dehr's
/h)lrri t� n
Orange County, North Carolina—Unified Development Ordinance Page 5-171
Article 5: Uses 221
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
irrigation systems fno the subdivision and the Into in,the
subdivision are designed and can he operated according to a
water n is+inn plan desnriherf in the Rese urces
Management Plan submitted with the applina+inn•
/i The esour Management Plan shallidentify+m� he SGUrr /c�vr
water to be used for irrigation, the volume available for that
purpose, and expeGted Gonsumption rotes. The sysand plan for operation will be evaluated based on tem design
e
and
rt„r�Water reGyeled from sterm,r�,rater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative
Habitat Ma'n+enanG+e
/Habitats identified in the biological inventory and habitats Treated
through mitigation shall he maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
n+ anne of habitats shall be minimal, .Gonnsistiingg prof
el�urrccr8�r u�ry rFn�mur
maintaining buffers and enhancements removal of evn+in
e
native) plant species and keeping drainage ways f inn+inning
e
pro
AGzess
Accesses the subdivision and access to Into within the subdivision to
evicting public roads shall conform to and he in compliance with any
public road access management plan adopted by Orange Go
(k) Maintenance of improvements
s'+e imprnv + h s road i t'I'tie !' mod' 'rrig ot'nn
�rti�, r' $ '7�dyrr-ate-�vccvS,�'r'm'ncTC'TT crtn9-drr��
and drainage struGtures1 habitat enhancements renrea+ienal
e r
amenties�nge,lands 3paGe, etc. Will be
main+a*Red in funs+inn and appearance
MainnteRaaneespee�ea�ea If any, for ongoing site an�anermnee Rt
(innlyding provisions for handling of storm debris in open space
areas) shall be submittedas part of the ReeAerr+eS Management
Plan and in rated into Homeowners' Association
dnn�ameRtS.
5.17-.65.18.3 Rural Herita Museum
(A) Standards of Evaluation for Class B Special Use Permit or ASE-CZ Zoning District
(1) Within the AR and RB Zoninq District a museum shall be limited to a Rural
Heritage Museum an defined wi+h+his nrdinanne
M(2) 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.
M(3) The maximum building size in an AR or RB zoning district shall be 5,000 square
feet.
5.18.4 Retreat Center230
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
230 Existing regulations moved from the'Recreation' land use category(i.e.Section 5.7.5)
Orange County, North Carolina—Unified Development Ordinance Page 5-172
Article 5: Uses 222
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
(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,
r camps--. 231
(iii) Storage areas,
(iv) Fencing and gates,
(v) Outdoor recreation areas
NO Access road(s) to the site, as well as on site roads, with an
indication of type of proposed surface.
(vii) Distances to the nearest residential structure.2s2
(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.
h) The site elan shall show the distances to the nearest residential
ctr1n4rec
vrrvvcm-cT.
(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.
(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.
5.17.75.18.5 Rural Special Events
(A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts
231 Language being deleted as'camp sites'are not typically associated with a retreat center.
232 Existing standards moved from subsection 2 as identified below(see Footnote 233).
233 This language is being moved to'submittal requirements'. It is not a 'standards of evaluation' but required
information for the site plan.
Orange County, North Carolina—Unified Development Ordinance Page 5-173
Article 5: Uses 223
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
(1) Must be located on a bona fide farm.
(2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of parking area(s).
(c) A map depicting surrounding uses and the distance to residential
structures.
(3) The temporary or seasonal commercial activities that comprise the special event
must pertain to agricultural or rural-related activities.
(4) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(5) Events permitted by right in the AR, RB, and AS zoning districts shall be limited
to no more than 150 people at one time and shall occur no more than 12 days
per year. Events exceeding these limits must be approved as an ASE-CZ or
MPD-CZ.
(6) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(8) Food services are not allowed unless approved in the permit.
(9) Documentation shall be submitted from the Fire Marshal and Building Inspections
Department stating that all areas open to the public meet state regulations.
5.17.85.18.6 Theater
(A) Use Standards
(1) Drive-in Theaters shall not be permitted as a Conditional Use District. Refer to
Section 5.1.3 of this Ordinance.
(B) Standards for the NC-2 and CC-3 Zoning Districts
(1) Shall be located in-doors. No outdoor performances or drive-in theater facilities
34
shall be permitted.
(2) Limited to 100 patrons per individual performance.235
5.117.9 Qocoaarnh Cani1 i+v 236
(A) Standards for the O/RM Zoning District
234 Inclusion of language addressing existing prohibitions and limitations within the districts.
235 Standards are designed to address existing size limits for the identified districts contained in the UDO,
specifically limits on the number of daily travel trips that the use can generate within the NC-2 and CC-3 Zoning
Districts.
236 Research operations without manufacturing components have been moved to the Office land use category. As
a reminder Research operations with a manufacturing component have been moved to the Manufacturing,
Assembly, Processing and Distribution land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-174
Article 5: Uses 224
Section 5.18:Standards for Miscellaneous ASSEMBLY Uses
('-) The following Multiple Uses are permitted in the O/RSA zoning district when the
• Principal Use type is Research Facility and adhere to the standards of Section
G 17 9(A)/r)\•
(a� ) BanksC F4nanGial Institutions
(G) Laundry &r Dry Gleaning Serv+EeG
(d) Nightdubs, Bars s
(eRestaurants: Carry-OW
/fj ) Restaurants: Genefaai
(g) Retail, Class 1
/h�\ Printing om Lithography
[—ly
Multiple Uses, identified in Section r 17 9/A\/1\ are permitted in the O/RSA
zoning district only in accordance with the following standards:
(a) site planmust identify the squareso' ore footage of each_structure by type
of use.
Use/b�\)The �Tcin tt,n of ReseaFGh Fa%Iity meustbeestablished on thee
s
(E)The Multiple Use shall not 250/ y c of the total square fnn+one o�IR stn i gyres on the site
v-[iZr �r[t...
G 17 10 Research and Manufanturinn Facility 237
(A) Standards for the o/RM Zoning District
(1) The following Multiple Uses are permitted in the Q/RIVl zoning diStriGt when the
Principal Use type is Research and Manufacturing Facility and adhere to the
standards of Section 5 17 1!1/A\/M\•
(a) Banks_Financial Institutions
jh\ Beauty & Barber Sbops
(E) LaundryR Dry Cleaning Services
(d) Nightclubs,-oars,pats
(o) Restau aRts; GaFFy-vat
/f) Restaurants: GeneKal
/o\ Retail Glass 1
(h) Printing & Litho o rip
(2) Multiple Uses, identified in Secti�17.1l1/A\/1\ are permitted in the Q/RIVl
znninn district only in accordance with the following standards:
(a\ The site plan must identify the square of each stn GWre by type
\-cc� uvrcnu my-mc�uaT vmug�vr �'u c-cry--�ypc
of use.
\b)ThePinncipal Use type n�'-o Research and Manufacturing-Facility rrmust ve
established on the site
established
;cThe Multiple_Use shall not exceed 25094 of the total square footage of all
structures on the site
237 Ibid.
Orange County, North Carolina—Unified Development Ordinance Page 5-175
Article 5: Uses 225
Section 5.19: Standards for government uses
5.19.1 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.
5.20.1 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 15,000 sq.ft. of building area.
(b) No outdoor storage of equipment or materials shall be permitted.
(c) Drive-thru facilities are prohibited.
(2) Specific Standards for EDB-1 and EDE-1 Zoning Districts239
(a) Uses shall be limited to 30,000 sq.ft. of building area.
(b) No outdoor storage of equipment or materials shall be permitted.
5.20.2 Building/Trade Contractors Office with Equipment Storage Yard
(A) Use StandardS240
(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.
(c) Screened alonq all sides with a Type A Land Use Buffer as detailed in
Section 6.8 of this Ordinance.
5.18.15.20.3 Research Facility Without Manufa2turing24'
(A) Use Standards
(1) Use shall not be permitted as a Conditional Zoning District. Refer to Section
5.1.3 of this Ordinance.
(B) Standards for the NC-2 Zoning District
(1) Uses shall be limited to 12,000 sq.ft. of building area242
238 Staff is replacing existing'standards'contained in the UDO limiting the total number of daily traffic trips for
these districts and replacing same with an overall building size limit. Further we are including language,currently
referenced in definitions, limiting outdoor storage of materials.
239 Staff is including language establishing a distinction between low intensity economic development districts
(EDE-1 and EDB-2)with high intensity economic development districts.
240 Existing standards are not specific on setbacks and land use buffer. Staff is taking existing staff interpretations
and incorporating same as the regulation of this land use,which is now being broken out into a separate category
as part of this amendment process.
241 This is the existing Research Facility land use category. The words'Without Manufacturing' have been added to
create a distinction between this category and the'Research Facility with Manufacturing' land use category also
contained herein.
Orange County, North Carolina—Unified Development Ordinance Page 5-176
Article 5: Uses 226
Section 5.21: STANDARDS FOR Retail Uses
(C) Standards for the O/RM Zoninq District 241
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research Facility Without Manufacturing and adhere to the
standards of Section 5.15.2(C)(2):
(a) & Financial '„c+° s Services244
(b) Service land uses limited to Beauty & Barber Shops, Laundry and Dry
Cleaning Services
(c) Eating and Drinking Establishments limited to Nightclubs, Bars,
Pubs, Restaurants Carry Out and General.
(d) Retail, S4y-s4 limited to 12,000 sq.ft. of building area
(e) Manufacturing, Assembly, Processing, and Distribution Uses—
Other limited to Printing & Lithography
(2) Multiple Uses, identified in Section 5.15.2(C)(1), are permitted
enanq r1ostrie+only in accordance with the following standards:
(a) The site plan rest shall identify the square footage of each structure by
type of use.
(b) The Principal Use type of Research Facility Without Manufacturing
must be established on the site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
5.21.1 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 scl.ft. of building area.2a5
(b) No outdoor sales/displays shall be permitted.246
(2) Specific Standards for the CC-3 Zoning District
(a) Uses shall be limited to 24,000 SOL 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) Displays shall not be located within any required parking, septic
242 As indicated throughout this document there are size and intensity limitations for land uses within various
general use zoning districts. Staff is recommending a specific, measurable,standard to allow the reader to identify
what will and will not be permitted.
243 These are existing standards moved from Section 5.17.9 of the UDO. Please note staff is recommending
modifications to ensure consistency with other proposed changes.
244 Staff is recommending changes denoted in Red Bold Underlined Text to ensure consistency with other
recommending changes in the references to a specific land use category.
gas Existing regulations establish limitations on the development of retail uses in these districts to daily traffic trips.
This is not an effective manner of regulating the intensity of the land use. Staff has converted the existing
standard into a square footage limitation to make it easier for the reader to identify what is and is not allowed.
246 There are existing prohibitions on outdoor sales staff is incorporating into the new format.
Orange County, North Carolina—Unified Development Ordinance Page 5-177
Article 5: Uses 227
Section 5.22: Standards for miscellaneous uses
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:z
41
(a) No more than 25% of the property area shall be utilized to support
outdoor sales/displays.
(b) Displays 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.
5.21.2 Country StoreM
(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 existinq zoning district would allow. For example, if the
existing zoninq 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.
247 Staff is clarifying and incorporating existing interpretations on the outdoor display/sale of merchandise.
248 Existing standards moved from Section 5.6.4 of the UDO. Staff is recommending keeping the category for now.
Orange County, North Carolina—Unified Development Ordinance Page 5-178
Article 5: Uses 228
Section 5.22: Standards for miscellaneous uses
5.22.1 Malor Subdivision249
(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.
(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.
249 Standards moved from 5.17.6 of this Ordinance to a new Miscellaneous Uses category. Staff is not proposing
any changes to existing regulations.
Orange County, North Carolina—Unified Development Ordinance Page 5-179
Article 5: Uses 229
Section 5.22: Standards for miscellaneous uses
(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.
(a) 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.
(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
Cl. 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
Orange County, North Carolina—Unified Development Ordinance Page 5-180
Article 5: Uses 230
Section 5.22: Standards for miscellaneous uses
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
NO 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:
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, includinq 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-181
Article 5: Uses 231
Section 5.22: Standards for miscellaneous uses
(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 durinq construction. Examples include:
a. Preserving, planting, and maintaining a variety of native
vegetation (also dead trees and snaps);
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 insurinq proper long-term maintenance; and
(iv) Provide barriers or fencing, and sic
nage 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
(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 connectinq 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;
NO To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
freestanding entrance signs;
Orange County, North Carolina—Unified Development Ordinance Page 5-182
Article 5: Uses 232
Section 5.22: Standards for miscellaneous uses
(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
(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
Orange County, North Carolina—Unified Development Ordinance Page 5-183
Article 5: Uses 233
Section 5.22: Standards for miscellaneous uses
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 handlinq of storm debris in open space
areas) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners' Association
documents.
5.18.25.22.2 Hic4nrin Sites Non Residential Room/IlAivnd! I Ice 250
(A) Standards fnr C-lacc A Special Use Perm-it
(1C1)dtlhMivm tratal Re
In addition to the information required in Section ) 7 the follow'nn shall he
s1_4pplieedd as nor+ of the aonlieaatimoon:
(u rn a\ �r The site plan prepared by an annrnnria+ely linenced nrnfeccinnol droll
� �
I nca+inn width and type of all internal vehici Iar and edes+ria
TTI7 tee+inn and dimensians of alIT�T" "'yam
Boundaries of the site and distance to"n�e�arrees+=residon+'al
Ln �r-ra--v,vtiar-rcc iv--r-ri,u�car-rc�rcrcrrcrcc.
str n�a_cGty e-.sr
/h\ Description of the proposed u sa/s\ of the site and the h 'Idinns +hereon
�v�, c-prvpv�ca����r�. Zrrcrcvrr,
Amount of area allocated to each-a te
Number of full and hart time employees-
Number of clients and/or ncci i ants ev stied+n use the facili+v
Proposed hours of operation for nonreciden+i� uses of the
(G) i Id'n lap for all- 's+inn or prepesed GU US ire n 'ncli id lnnr
.�fi.�cn�-�-�-vpvv �.[loci cart �n-rcrcry �vvr
plane elevations and sections shewinn restora+inn/rehahili+a+inn
prurrrc�. ccnvrrsoricrw�rrc���.cv
proposed. QeSGrin+inn of how the hisStcrocal sty dd-GarraGte of tl4e
hi ildinn and/or property is to he enhanced
(dd) Landscape and tree reservation plan at the same scale as the site
Nplan showin existing or rn used trees shrubs, orn c
nd cover and n+her
' am
landscape materials
(e) Statement from the appropriate public service agencies concernin th
method and adenu acv of water supply and wastewater treatment fnr+he
larnpnsed uses
(f) Statement from the appropriate public service a envies cnncerpin +h
prn"icion of fire p ce and res rntentinn to the site and s+r�Intl gyres
Prv-PTvrv�rvrTrc� ��--arra-rc-..iC�le�-vrcv�rr-cvzn�ar��.mucccrr�.r.
250 This is an existing land use that is recommended for elimination.
Orange County, North Carolina—Unified Development Ordinance Page 5-184
Article 5: Uses 234
Section 5.22: Standards for miscellaneous uses
/01 F=Vid-enne that the property is lister- on the National Historic Pe is+or nr
hl rennnnized- by the State of nr+h (`arnl'na as places of historic in+eres+
( The proposed development scher- In for+he site
Standards of Cvalua#inn
`-/ ka1 The site Ian submitted meets all re u uremen+s s ecifierd in sec+inns 2 7
��``^^�� i�and F 17 i1/4\/i\
/b\ Proposed uses and facilities are nmmPlementary and cnmpa+ible with
si irro ind-in area and appropriate in the Iona+inn prop Weer! ni"en
f si�rrni nrdinn development.+ e prnpns u se of+h s+nrin
c�a�c�er��„�,�., e�ek�„-�ep�T���ed�-vr-�rTe-��„
-F � aIITnh a na+�ern s s +n p e+hn his+nrin
6'rhgc-AMAPtp- pie-siid., and-+he -hwild-iRCI. ve ilepmen+of the sote as
proposer- would have no adverse impact he leer- the building suns +fnr
i9-onosed
a 'no fac%ac'r''ems
/ \ +i-ral I+era+inn of historic structures res shall he of such a nature as +n
tE� u6ru�ur-rnrcracroT,e-v, historic«,�tiiuvcc�.�.mu��vim,-v,-vu�, v
preserve the historic character of the hi mUno/s1 and site
/rd\ Fire, cline and resni ie seFVices and water si i ly and- nias+ water
fanil'ties
rc�i��i-cr.�..r.
TeReGrea+i-uTronal areas, erviGe areas, Parking and SGreepinn gfggd.pes
for the prope
/ff) The site is served by d:reGt aecess We a State maintained read-.
\J
%n1 Internal vehiculard-an nerdestrian circulation is Orden r!ate for propose
(3€xpira+inn and- Qel-12VIIR-lS
(a) This Class A Special Use Permit if approved, shall he valid- fnr siv Wars
but may he re..-..-d- or r appreved by the Board- of G mmissioners
after r e6cvnn a r eigor�+from the Plannninnj Department that the is, and
has been cnntonu o as since i+was issued in compliance with emulsions
of the Spec;'alrrvse Dcri"i+ The Aran e Go un+v Planninn Department
shall present its report on the compliance of the cial use no later than
.�-rurr�rc.Tcnr-fc.T c�vrrvrr�rt.�vvmFmrn�vc-vrm��ccraraec��v-rarc��rrrn�
90 rdays before the expiration of the C ecial Use Permit
before ccrc�rrrr.
/b\ The Board of Go int i Gommissin ners shall not renew the C enial Use
Permit if it is ide+erminedd that the a olican+ has failed-to cnmi*with+he
ref n^ er_m+ the_hermit shall become null and void pen the
evpira+inn of the time limit.
/c1 If the Special Use Permit is not renewed- or re-a royer- then the
�applicaan+ may submit a new application as�f '+were a new use.
Orange County, North Carolina—Unified Development Ordinance Page 5-185
Article 6: Development Standards 235
Section 6.9: Parking, Loading & Circulation
•N 6.9: PARKING, LOADING & CIRCULATION
6.9.1 Purpose & Intent
The purpose of this Section is to promote the public health, safety and welfare, as well as to
improve the quality of the built environment for Orange County by establishing suitable standards
for motorized vehicle parking and loading areas that are appropriate for the varying urban and
rural forms.
6.9.2 Applicability
No Building Permit, Zoning Compliance Permit or Certificate of Occupancy shall be issued for
uses of land, structures, and buildings, either initially or for a change in use or expansion of an
existing use, unless the off-street parking and loading requirements of this Section are met.
6.9.3 Prohibited Within Special Flood Hazard Areas
Off-street parking and loading facilities are prohibited within Special Flood Hazard Areas.
6.9.4 Use of Required Parking and Loading Spaces
(A) Required parking and loading spaces shall not be used for the storage or sale of
merchandise, vehicle storage, vehicles for sale, or vehicle repair. Non-required spaces
proposed for these uses shall be designated on an approved site plan.
(B) Any area designated for required off-street parking and loading shall not be changed to
another use until other parking and loading facilities in conformance with this section are
established elsewhere to serve the site.
6.9.5 Expansion and Increased Intensity of Existing Use
(A) Whenever there is an increase in the number of dwelling units, the number of employees,
the seating capacity, the floor area, or other applicable unit of measurement for
determining the number of parking and loading spaces required on site, and the increase
will result in the need for additional parking spaces, such additional spaces shall be
provided in accordance with the following and Section 6.9.7 of this Ordinance:
(1) If an existing use, building, or structure is increased by 50% or less, additional
parking and/or loading spaces shall be provided for the addition, in accordance
with the requirements of this Section.
(2) If a use, building, or structure having inadequate parking and/or loading spaces is
increased by greater than 50%, additional parking and/or loading spaces shall be
provided to bring the entire development site into compliance with the
requirements of this Section.
(B) For purposes of this Sub-Section, the expansion or increased intensity shall be
determined based on the current building size and use, and may not be calculated
independently for each separate expansion or intensification.
6.9.6 Change of Use
Additional off-street parking spaces will be required to accommodate a change of use of a
structure or parcel of land only when the new use requires 25% or more parking spaces than the
previous use or 25 or more additional spaces.
6.9.7 Off-Street Parking Requirements
Each use shall provide off-street parking in accordance with the following standards:
Orange County, North Carolina—Unified Development Ordinance Page 6-53
Article 6: Development Standards 236
Section 6.9: Parking, Loading & Circulation
OFF-STREET
USE MINIMUM PARKING REQUIREMENTS
AGRICULTURAL USES
Agricultural Processing Facility One space per employee plus one space per 200 square feet of any
accessory retail sales area
Agricultural Processing Facility, Community One space per employee plus one space per 200 square feet of any
accessory retail sales area
Agricultural Service Uses One space per 400 square feet of gross floor area
Cold Storage Facility One space per employee
Community Farmers' Market One space per 200 square feet of gross floor/selling area or a
minimum of fives aces, whichever is greater
Composting Operation One space per employee
Cooperative Farm Stand One space per 200 square feet of gross floor/selling area or a
minimum of fives aces, whichever is greater
Equestrian Center One space per horse stall plus one space per employee plus one
space per 4 spectator seats
Farm Equipment Rental,&Sales and One space per 400 square feet of gross floor area
Service
Farm Supply Store One space per 300 square feet of gross floor area
Feed Mill One space per employee on shift of maximum employment
Greenhouses with On Premises Sales One space per 400 square feet of gross floor area
Meat Processing Facility One space per employee
Stables, Commercial One space per three horses (or other equine) kept on site
One space per employee plus one space per 4 spectator seats OR
Stockyards/Livestock Markets one space per employee plus one space per 50 square feet of event
area,whichever is qreater
CARE AND EDUCATIONAL FACILITIES
Child Care Facilities One space per staff member and one space per five ghilddreAclients
saGare Center in a Residence One space per staff member and one space per five shilddreAclients
Schools: Elementary, Middle A Secondary One space per staff member
Preparatory One space per staff member and
Onespa e er four students
Schools:Vecatieaaffechnical,Trade, Skill One space per two students
Trainin
Schools: D nee Art& MusOGPerforming
Arts Sports, and Recreation One space per four students
Schools: Universities, Colleges and One space per three students at design capacity of building(s)
Institutes
Libraryies One space per four seats251
Ad-il I lsps nne spaGe r 200 square feet of e S fleer
Ranks; 4. Financial Institutions One spaGe r 200 square feet of gross floor area;ply five staGkino
r drive in Wndew
Beauty 4 Barher� nne spaGe r 200 square fee+
Country Store One space per 300 square feet of gross floor area
Drive in Theaters en
251 The existing parking standard for a Library does not make a lot of sense. Staff will be recommending a
modification in a future amendment package.
Orange County, North Carolina—Unified Development Ordinance Page 6-54
Article 6: Development Standards 237
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7:OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Restaurant: One space per four seats or one space for every 50 feet
of floor area for public use, whichever is greater
Eating and Drinking Establishments252 Restaurant(Carry Out/Drive-in): 15 spaces plus one space per 50
square feet of gross floor area
Ni htclub/Bar:Ones ace er 4 seats
Funeral Homes One space per four seats
Garden Center vii+h On Premise R- lei One space per 300 square feet of gross floor area
Hotel Me+els Meter I edgesShort Term One space per lodging unit, plus one space per employee
Rental-All Categories Two spaces for the residents of owner occupied Short Term
Rentals
Junkyards/Salvage Yard One space per employee on shift of maximum employment
Kennels/Riding Stables One space per four pens or stalls
Laundry 4_ fire CleaRine Cervises254 OnespaGe r 300 6 e feet of o s floor are
Met-al255 One spaGe nle"ee
M'ernhrnwery with Minor Ciren+s256
OnespaGe per empleyee plus n spaGe r 300 square fee+of
�Aisrehrey.fery with Major Fven+s One space per employee plus one space per 300 square feet of
area-
Night Clubs, Rors R4hs One spac-e r feur soots
Offficcees_anr•!nd Personal Services, Class 1257 One space r 300 c e feet of gross floor area-
QffiGels onr•I Rersen-il Cervices (`loos O OnespaGe r 300 square feet of g s floor area
Offiees and Per.-se-pal Cervices Qloos Q OnespaGe r 300 square feet of g s floor area
Renoir Cewiees: Gles+renis& App4apse linespaGe r 300 s e feet of g s floor area
R e.to .ram,n+s.G a F F Y Q 1+ 15 s nL is n r 50 s e feet of e s flewwea
R ests--.ra n+s, DF0ye_In 15 s nL 1s e r Gil square fnn+of e s floor are
Rest nespaGe r fey r seats n e fer e il i G feet of floor Area
f—or-p--b-fic—use,whichever is greater
���mn+�•r_ener�l li
Retail trade, Class 1 258 ()Re spaGe r 300 square feet of g s floor are
Retail trade, Class 2 OnespaGe r Qnn square feet of o s floor are
Retail+Fade Class Q nnn s r 200 square feet of gross floor are
Rural Guest Cs+ohlishmen+s• Rerf A. Ones e r guest rn m plus nspaGeper nle„ee plus twe
259�ro spaces for+hesi.•lense
Rural Guest Cs+ohlishmen+s• Rerf Q. OnespaGe per guest reem, PlYS o spaGe per nleyee plus twe
Rreokfos+ Inn
OnespaGe per guest ro n plus n spaGe per nle„ee plus ene
R,irol G,yes+Cs+-;hlis m f o+hen+s• Girry Inn space for every four eats in the rns+;iiro n+ plus twe s s for+he
residence
Petroleum Pro ducts: Storage and
Distribution One space per employee
252 Restaurant and Nightclub uses have been combined into a single land use category. Staff is recommending
collapsing all parking standards into a central location as well.
253 Space requirement is consistent with existing standards for Bed and Breakfast requiring a minimum of 2 spaces
for residents.
254 Now under the Service Uses section.
25s Moved to Manufacturing,Assembly, Processing and Distribution Uses-Other land use category.
256 Ibid.
257 Now included within the Offices and Financial Services Uses land use category.
258 Moved to a new Retail parking category as detailed herein.
259 Now referred to as Short Term Rental as detailed herein.
Orange County, North Carolina-Unified Development Ordinance Page 6-55
Article 6: Development Standards 238
Section 6.9: Parking, Loading & Circulation
OFF-STREETTABLE 6.9.7:
REQUIREMENTSUSE MINIMUM PARKING
Service Uses261 One space per 300 square feet of gross floor area
Storage of One space per employee plus 1 space for every 10 individual
Goods stora e areas
Storage ef Goods-Gutd-e-e-F nno spaGe PeF PI9Ye9_
Taxidermy One space per 400 square feet of gross floor area
Tn9
\A/helooAle Sal GRe 6paGe PeF nloyr e o shift of empleyment
One spaG per pleyee plus ene spaGe r 300 square foot of
WiReFy with Major Cvon+c One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event are-a
EXTRACTIVE USES
Extraction of Earth Products no requirement
GOVERNMENTAL USE
Governmental or +o,.+i„e Cor„i,.ossOffices One space per employee on the shift of maximum employment
One
Re-lip-o_a Rd Ciro Re requiFeMeRt
Detention Centers262 One space per employee on the shift of maximum employment
Ones ace per 5 inmates held within the facility
Military Installations no requirement
National Guard & Reserve Armor
MANUFACTURING,ASSEMBLY PROCESSING
lRd cos+rin m+ nno spaGe PeF nleyee.,n the shift of maximum nlr,,,mon+
lRd strinl Medium nno spaGe PeF nleyee nn the shift of m nleyrR n+
lRd strinl Heavy nno spaGe pe, empinleyee nn the shift of Fnaximum eFRPI9YFReR
Manufacturina, Assembly, Processinq, and
Distribution Uses-Food and Other Zb3 Once space per employee on the shift of maximum employment
Metal Fabrication Shop One space per employee
Microbrewery,production-only, One space per employee
Printing and Lithography One space per employee
Sawmills One space per employee
Winery, PFediJn+ion ^nl„ One space per employee
Microbrewery with Minor and Maior Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Winery with Minor and Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Research Facility(with and without One space per employee
manufacturing)
260 Existing parking standard moved from Automotive and Transportation to ensure consistency with
recommended changes in the table of permitted uses.
261 This is now the generic parking requirement for all Service type uses.
262 New parking standard for a newly defined land use included as part of this amendment package.
263 The parking requirement was essentially the same for activities allowed within each land use category. Staff is
recommending we treat all Manufacturing uses(food and other)the same unless as specified herein.
Orange County, North Carolina-Unified Development Ordinance Page 6-56
Article 6: Development Standards 239
Section 6.9: Parking, Loading & Circulation
OFF-STREETTABLE 6.9.7:
MEDICALUSE MINIMUM PARKING REQUIREMENTS
Health Ser„ioes,Medical Uses Under 10,000
Square Feet in area264 One space per 300 square feet of gross floor area
uo;;i+h Ser„, o�•Medical Uses Over 10,000
Square Feet or Greater in area One space per 200 square feet of gross floor area
Hospitals One space per 4 four beds
Veterinary Clinic One space per employee plus one space per 300 square feet of
ross floor area
Veterinary Hospitals One space per 200 square feet of gross floor area
16MOM
Offices and Financial Services without a drive-thru facility One space per 200 square feet of gross floor area
Offices and Financial Services,with a drive- One space per 200 square feet of gross floor area; plus five stacking
thru facility spaces per drive-thru window
RECREATIONAL USES
Amusement Areas One space per 50 square feet
Athletic Field Ten spaces per field
Basketball Court Five spaces per court
Billiard or Pool Hall Two spaces per table
Botanical Gardens &Arboretums Two spaces per acre
Bowling Establishment Three spaces per lane
Camp/Retreat Center Five spaces for first two acres of recreation space and one space for
each additional acre thereafter
Golf Courses Two spaces per tee
One space per guest room, plus one space per employee.
Guest Ranch Additional parking may be required based on facilities and uses
proposed.
Health Exercise Facility One space per 50 square feet
Pitch and Putt Courses Two spaces per tee
Shooting Ranges One space per target area
Skating Rink One space per 200 square feet
Subdivisions- Private Recreational Facilities Five off-street parking spaces for first two acres of each recreational
Dedicated Recreational Land site plus one space for each additional acre thereafter
Swimming Pool One space for every five patrons, based on maximum design
capacity
Soccer Fields, Ball Fields Eight spaces per acre
Tennis, Handball, Racquet Ball Courts Two spaces per court
Basketball Courts Five spaces per court
264 Staff is recommending changing existing wording to be consistent with recommended changes in the table of
permitted uses. Parking requirements will remain the same.
265 Staff is recommending breaking out parking to ensure properly capture facilities with a drive-thru.
Orange County, North Carolina—Unified Development Ordinance Page 6-57
Article 6: Development Standards 240
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7:OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Picnic Shelter Area One space for every ten patrons, based on maximum design
capacity
Swimming Pool One space per 140 square feet
Tennis, squash, Handball or Racquet Ball Two spaces for every court
Court
RESIDENTIAL Dwelling, Multi-family:
Efficiency One space per dwelling unit
One bedroom One and one-half space per dwelling unit
Two bedroom Twospa es er dwelling unit
Dwelling, Single Family One space per dwelling unit
Dwelling, Two Family One space per dwelling unit
Family Care Facilities One space per three residents;
Ones ace per employee on the shift of maximum employment
Group Care Facilities One space per two beds;
Ones ace per employee on shift of the maximum employment
Membership L o ono_ (Dormitory, Fraternity,
and Sorority— � 1 f—te—iti-1z66 One space per lodging resident member
Mobile Homes One space per unit
Rehabilitative Gare PaGili+„Health and One space per two beds;
Personal Care Facility One space per staff member
Rooming House One space per lodging unit
Retail Uses
Retail Once space for every 200 square feet of gross floor area
TEMPORARYUSES
Buildings; Portable See appropriate uses
TRANSPORTATION
One space per 4 air vehicles
Airport, General Aviation, Heliports, STOL One space per employee on the shift of maximum employment
15 spaces per terminal
Bus Passenger Shelters no requirement
Bus Terminals and Garages no requirement
Motor Freight Terminals One space per employee
Motor Vehicle Maintenance u d One space per each service bay and mechanic
Motor Vehicle Sales Rental (New and IJSed One space per 400 square feet of gross floor area
Motor Vehicles Service Stat-'e.n.s One space per each service bay and mechanic
Parking as PFOR iple I JSo c,,, AAR
no requirement
266 Modifications to ensure consistency with wording in the table of permitted uses.
Orange County, North Carolina—Unified Development Ordinance Page 6-58
Article 6: Development Standards 241
Section 6.9: Parking, Loading & Circulation
OFF-STREETTABLE 6.9.7:
USE MINIMUM PARKING REQUIREMENTS
Petroleum Products: Storage and
Distribution 267 QRe spaGe PeF eMplGy8e
Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one
space per 800 s uare feet of gross floor area
Public Utility Stations&Substations,
Pumping Stations, Switching Stations, no requirement
Telephone Exchanges
Radio&Television Transmitting & Receiving
Towers,Water Treatment& Sanitary no requirement
Sewage Treatment Plants, Elevated Water
Storage Tanks
Transmission Lines no requirement
WASTE MANAGEMENT
Landfills (2 aGFeS er mere` no requirement
Waste Management Facility, Hazardous and One space per employee on shift of maximum employment
Toxic
Wholesale Trade
Wholesale Trade One space per employee on maximum shift plus 12 spaces
Airport General n„_Ati A_,, nno spaGe r four air ,ehinles
Assembly F=aGilit„Greater than 300 One space per twe--four seatS268
Assembly Fm-,G,rfy Less than 2-00 One spaGe r two seats
Cemetery no requirement
ChUFGh nno spaGe-per fGur +s-
Clubs or Lodges,Sesiat One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria One space per employee
Q0000 rah paG&26s nnospaGe 8111,10,88
ni ,,00
Research Lands& Installations , Non-Profit no requirement
u 'for,} Museum One space per 400 square feet of gross floor area
Rural Special Events One space per employee plus one space for 50 square feet of event
area
Miscellaneous Uses
Research Lands& Installations . Non-Profit no requirement
267 Moved to the Services land use category parking standard.
268 This is the catch all category for assembly uses,which will include Place of Worship(i.e.church). Staff is
recommending changing the number to be more consistent with how other jurisdictions assess required parking
for such land uses.
269 Moved to Manufacturing,Assembly, Processing and Distribution Uses category.
Orange County, North Carolina—Unified Development Ordinance Page 6-59
242
ARTICLE 10: DEFINITIONS
SECTION 10.1: DEFINITIONS
For the purpose of this Ordinance, certain terms and words are herein defined and interpreted as follows:
AASHTO
American Association of State Highway and Transportation Officials.
Accessory Structure
A structure that is located on the same lot as a principal structure and houses an accessory use.
Accessory Use
An activity that may or may not be listed in the Permitted Use Table, which is conducted in conjunction
with a permitted principal use, but constitutes only an incidental or insubstantial part of the total activity
that takes place on the lot and is customary and ancillary to the established principal use of property.
Accessory uses shall comply with all setback requirements for the district in which the use is located. For
example, an in-ground swimming pool is required to meet all applicable setbacks including any required
fencing around the physical pool, the concrete walkway around the pool, and any pump or utilities
associated with the operation of the facility.
Addition
In the context of an existing building or structure, the term means an extension or increase in the floor
area or height.
Adult Arcade
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished or characterized by the depicting or describing
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Bookstore
A bookstore:
(a) Which receives a majority of its gross income during any calendar month from the sale or
rental of publications (including books, magazines, other periodicals, videotapes, compact
discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are
distinguished or characterized by their emphasis on matter depicting, describing, or relating
to Specified Sexual Activities or Specified Anatomical Areas, as defined in this article; or
(b) Having as a preponderance (either in terms of the weight and importance of the material or in
terms of greater volume of materials) of its publications (including books, magazines, other
periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or
other imaging medium) which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas.
Adult Cabaret
A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment that for
at least ten percent of its business hours in any day features:
(a) Persons who expose a Specified Anatomical Area; or
(b) Live performances that are characterized by the exposure of Specified Anatomical Areas or
by Specified Sexual Activities; or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are
characterized by the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas; or
Article 10: Definitions 243
Section 10.1: Definitions
Agricultural Services
Commercial activities offering goods and services which support production of agricultural products or
processing of those products to make them marketable. Examples include, but are not limited to, soil
preparation, animal and farm management, landscaping and horticultural services, specialized
commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden
products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith,
welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting
halls, storage of agricultural supplies and products, and processing plants for agricultural products
including wineries and canneries.
Agricultural Water Uses
The use of waters for stock watering, irrigation and other farm purposes.
Agritourism
A business directly related or incidental to agricultural activities occurring on the bona fide farm on which
it is located and conducted for the enjoyment or education of the public.
Airport (Heliport: S.T.O.L. Port), Air Carrier
A public airport served by a certified air carrier. This includes any runways, land areas or other facilities
designed or used for landing, taking off, processing passengers or cargo.
Airport, Commuter Service (Heliport: S.T.O.L. Port)
A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which
enplaned 2500 or more passengers in the preceding calendar year.
Airport, General Aviation (Heliport: S.T.O.L. Port)
A public airport serving aviation other than airlines. This includes any runway, land area, or other facility
designed or used for the landing and taking off of small aircraft.
Alteration of a watercourse
Means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change
in cross-sectional area of the channel or the channel capacity, or any other form of modification which
may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during
conditions of the base flood.
Anchoring
The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to
wind, erosion, flooding, or other natural forces.
Apparel Manufacturinq
Land uses involved with the manufacturing of garments, which can include ready-to-wear and custom
270
garments.
Appeal
A request from a review of an administrative interpretation of any provision of this Ordinance by the Board
of Adjustment.
Applicator
Any person, firm, corporation, wholesaler, retailer, distributor, any local, state or federal governmental
agency, or any other person who applies fertilizer to the land of a consumer, or client, or to land they own,
or to land they lease or otherwise hold rights.
Area of Shallow Flooding
270 Definition of new land use in order to ensure proper delineation of what will,and will not, be allowed in an
apparel manufacturing operation.
Orange County, North Carolina—Unified Development Ordinance Page 10-3
Article 10: Definitions 244
Section 10.1: Definitions
A designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths
determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel
does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow
may be evident.
Area of special flood hazard
See "Special Flood Hazard Area (SFHA) Overlay District"
Area of Future-Conditions Flood Hazard
The land area that would be inundated by the 1-percent-annual-chance (100-year) flood based on future-
conditions hydrology.
Assembly Use
A land use providing space, indoors or outdoors, allowing for the congregation for the purpose
of observing, listening, or engaging in a service, performance, or activity.
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
Auditorium z.z
perfermanGeS, SpeeGhes and/or GeFeFnenies. The term is intended to inGlude SYGh uses as ,
neliseurns, n ve es athletintr theaters and arenas
,
Bed and Breakfast 1
273
See "RuFal Guest Establishments."
Base flood
The flood having a 1%chance of being equaled or exceeded in any given year. It is often referred to as
the 100-year flood.
Base flood elevation (BFE)
A determination of the water surface elevations of the base flood as published in the Flood Insurance
Study. When the BFE has not been provided in a"Special Flood Hazard Area" it may be obtained from
engineering studies available from a Federal, State, or other source using FEMA approved engineering
methodologies. This elevation, when combined with the "Freeboard" establishes the "Regulatory Flood
Protection" elevation.
Basement
Any area of the building having its floor sub grade (below ground level) on all sides.
Best Management Practices (BMPs)
A structural or non-structural management-based practice used singularly or in combination to reduce
non-point source pollution to receiving waters in order to achieve water quality protection goals. (See
also, Detention Pond and Engineered Stormwater Controls) (Unless otherwise specified, "BMP", when
used in this Ordinance, refers to structural BMPs.)
Biosolids
Solid, semi-solid, or liquid residue (sewage sludge) generated during primary, secondary or advanced
wastewater treatment processes of domestic sewage that is treated to state and/or federal standards for
beneficial use (such as land application as fertilizer).
271 Definition of land use category.
272 Now part of the definition of'Assembly Use'as detailed herein.
273 Now part of the definition of'Short Term Rental'as detailed herein.
Orange County, North Carolina—Unified Development Ordinance Page 10-4
Article 10: Definitions 245
Section 10.1: Definitions
Buffer
A screening device used to moderate the adverse impacts of one land use upon another. Buffers may
include walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the above.
Buffer, Stormwater
A natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff
does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.
Building Definitions
(See Structure, Structural Alterations, Mobile Home, Recreational Vehicle.)
Building Height
The vertical distance measured from the mean elevation of the proposed or completed finished grade at
the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
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 4 to 12 Children
Use type located within Aa residence in whiGhoffering temporaryc-hild--care to clients, including children,
adolescents, and adults, for no more than eight hours in a 24 hour period is evicted `"'h,nh is lerated en
a publiG state maintained read, and whiGh prevideS Gh*ld- r.are fn-.r mn-re than three but, ne mare 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
Orange County, North Carolina-Unified Development Ordinance Page 10-5
Article 10: Definitions 246
Section 10.1: Definitions
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:
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, includinq 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 lincludes 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 va
A structure On which persORs regularly assemble for religieus wership, WhiGh is maintaiRed and controlled
by a religious body organized to sustain public worship-.
Chemical Manufacturing and Processing — Pharmaceutical and Medicine275
274 Now defined as a 'Place of Worship'.
275 Definition of a new land use we are recommending for inclusion in several Economic Development districts.
Orange County, North Carolina—Unified Development Ordinance Page 10-6
Article 10: Definitions 247
Section 10.1: Definitions
A land use involved with the transformation of organic and inorganic raw materials by various processes
for the formulation of pharmaceutical and medical products for eventual distribution and sale off-site.
Chemical Manufacturing and Processing — Other than Pharmaceutical and
Medicine271
A land use involved with the transformation of organic and inorganic raw materials by various processes
for the formulation of non-pharmaceutical and non-medical products including the creation of base
chemicals, dyes, gasses, resins, etc.
Club or Lodge,, P~Trivate271
An os+ahrsh. ent operated An assembly land use, operated
by a non-profit group, for c^^ia1, reGro nal ear nhari+ahlo purposes,but urhmp-h .- not operated for prefit or to � members and guests,
business 27B
Cluster Development
A subdivision in which building lots are grouped together through a transfer of allowable density within the
subdivided tract. Cluster development permits more efficient development by creating lots with gross
land areas smaller than those required for conventional lot-by-lot development, yet maintains application
of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot
size reductions be reserved as permanent open space and/or recreation space.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
Commercial-Industrial Transition Activity Node Land
Land near major transportation routes that could be provided with public water and wastewater services
and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office
and limited (not to exceed 25%of any Node) higher density residential uses.
Commercial Transition Activity Node Land
Land focused on designated road intersections within either a 10- or 20-year transition area that is
appropriate for retail and other commercial uses.
Common Area
A portion of a development not attributed to an individual lot or owner that is designed for the common
usage of the subdivision or development. These areas include Common Open Spaces, entry features,
subdivision facilities, mail kiosks, sidewalks, parking lots, and walkways. Construction and maintenance of
such areas is the responsibility of the homeowner'/property owners' association.
Common Open Space
Privately held land area set aside, dedicated, owned, and maintained for common use, access, and
enjoyment of multiple owners. This type of open space is held within a defined lot or a defined easement
area. It may be either restricted to the owners via homeowner'/property owners' association (HOA/POA),
or open to others as specified by the association.
• Primary Open Space
276 Staff is recommending including a definition to distinguish between chemical manufacturing associated with
pharmaceuticals and non-pharmaceutical products.
27 Staff is recommending deleting the word 'Private' as there is no practical distinction between public and private
clubs in the UDO.
278 Red Bold StFW_-� Underlined text deleted as part of revisions to the Assembly land use category
discussed with the County Attorney.
Orange County, North Carolina-Unified Development Ordinance Page 10-7
Article 10: Definitions 248
Section 10.1: Definitions
These areas have sensitive environmental features and/or significant cultural resource areas, which
may make them legally or practically unbuildable. These areas are reserved for passive uses (e.g.,
forests, pastures, meadows) and low impact active uses (e.g., trails, natural observation).
• Secondary Open Space
Secondary Open Space Areas have fewer restrictions with regard to location, allow more flexibility to
improve overall open space design, and have more active uses (e.g., community gardens,
playgrounds).
• Active Open Space
A subset or category of open space that defines the type and/or intensity of its use. Active areas are
typically built areas and most often contain equipment and/or infrastructure. They are also frequently
used by the residents. Examples include: trails, community gardens, and recreation fields, plays
areas, pocket parks, and ball courts.
• Passive Open Space
A subset or category of open space that defines the type and/or intensity of its use. Passive areas are
typically undisturbed, conserved areas that have little to no direct physical human interaction within
that portion of the open space.
• Utility Open Space
A subset or category of open space that defines the type and/or intensity of its use. Utility areas are
typically open but contain public and/or private utilities and services. Examples include utility lines or
easements (e.g., water, sewer, gas, power), septic drain fields, and repair areas. Additional recreation
use of these areas is typically limited based on the type of utility requirements that are in place.
Community Center
An assembly land use new or evicting faGility that is owArnerl or-operated by a non-profit group, offering
social, recreational, or educational activities trgrn thp- ngmmunity for as a non-commercial activity.279
Community Farmers' Market
An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats,
commodities, plants, crafts, etc. For the purpose of this definition, "local" means Orange County and
counties that share a border with Orange County.
Composting Operation
A facility designed and used for transforming food, yard waste and other organic material into soil or
fertilizer through biological decomposition. This does not include backyard composting bins serving
individual families.
Comprehensive Plan
An internally consistent and compatible statement of policies for the long term, physical development of
that portion of Orange County under County jurisdiction, consisting of a statement of development
policies and maps and text setting forth objectives, principles, standards and plan proposals for physical
development.
The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County
such as a township, a watershed or an interstate highway interchange. Technical information and/or task
force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix
of or as a supplement are also considered part of the Comprehensive Plan.
Concentrating Solar Thermal (CST) Devices
279 Red Bold S+•kethf4�Underlined text deleted as part of revisions to the Assembly land use category
discussed with the County Attorney. Part of the revisions is to ensure there is clear distinctions between what
constitutes a 'club/lodge'and 'community center'.
Orange County, North Carolina—Unified Development Ordinance Page 10-8
Article 10: Definitions 249
Section 10.1: Definitions
Systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight
into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat
source for either a conventional power plant, such as a steam power plant, or a power conversion unit,
such as a sterling engine. Also known as Concentrated Solar Thermal (CST).
Concrete Processing, Preparation, and Distribution280
A land use primarily engaged in the following:
(a) Manufacturing Portland, natural, masonry, pozzolanic, and other hydraulic cements;
(b) Batch or mixing plants;
(c) Manufacturing of concrete pipe, brick, and block; or
(d) Manufacturing other concrete products.
Conditional Districts
A zoning technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed
upon individualized development conditions as part of the legislative rezoning process. The Conditional
Use District and Conditional Zoning Districts are subsets of the term Conditional Districts. Land may be
placed in a conditional district only upon petition of all of the owners of the land to be included; said
petition must be approved following the procedures set forth in Section 2.9 of this Ordinance.
Conditional Use District (CUD)
A floating zoning district that has no permitted uses. Applications for a CUD must link the CUD to a
general use zoning district and conform with all applicable development regulations for the corresponding
general use zoning district. CUDs require approval of both a rezoning application and Class A Special
Use Permit; see Sections 2.9.1 and 3.8.
Conditional Zoning District (CZD)
A specific floating zoning district with specific permitted uses, as detailed within this Ordinance..
Controlled Access Highway
A state or city highway, or section thereof, especially designed for through traffic and over, from, or to
which highway owners or occupants of abutting property, or others, shall have only controlled right of
easement of access. For the purposes of this Ordinance, Controlled Access Highway shall be Interstate
85, Interstate 40, and any area located within the Major Transportation Corridor (MTC) overlay district.
Converted Paper Product Manufacturing, Assembly, and Processing281
Land uses involved with the converting of paper or paperboard into finished products. Use does not
involve the actual manufacturing of paper or paperboard material on-site.
Cooperative Farm Partner
A local farmer or producer of agricultural products who forms a business arrangement with other local
farmers and/or producers to collectively process, market, and/or sell agricultural goods. For the purpose
of this definition, "local' means Orange County and counties that share a border with Orange County.
Cooperative Farm Stand
An open-air facility for the retail sale of produce, agricultural products, and/or plants produced on-site and
from not more than 4 other cooperative farm partners.
Country Store
An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of
merchandise, which must include locally produced products. For the purpose of this definition, "local"
means Orange County and counties that share a border with Orange County.
County
280 Definition of new land use.
281 Definition of new land use.
Orange County, North Carolina—Unified Development Ordinance Page 10-9
Article 10: Definitions 250
Section 10.1: Definitions
Orange County Government.
Custodial Care
A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in
meeting personal rather than medical needs, which is not intended to provide specific therapy as the
result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that
does not require the continuing attention or supervision of trained, medical, or paramedical personnel.
Cutoff Fixture
An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light
emitted by the fixture is projected above the horizontal plane of the fixture.
Day Care
Any child care arrangement under which a child less than 13 years of age receives care away from his
own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are
not minors, guardians or full time custodians.
Day Care Facility
Any day care center or child care arrangement that provides day care for more than five children, not
including the operator's school age children, under the age of 13, on a regular basis of at least once per
week for more than four hours but less than 24 hours per day, and those operating fewer than four hours
per day that provide care for more children per adult care giver than would be permitted in an AA State
licensed center, regardless of the time of day and regardless of whether the same children attend
regularly.
The following facilities are not included:
a) Public schools;
b) Non-public schools whether or not accredited by the State Department of Public Instruction,
which regularly and exclusively provide a course of grade school instruction to children who are of
public school age;
c) Summer camps having children in full-time residence;
d) Bible schools conducted for no more than three weeks during vacation periods; and
e) Cooperative arrangements among parents who care only for their own children in an arrangement
as a matter of convenience rather than to enable any participating parent to be employed.
Day (mare Home, La
read, whiGh provides day Gare for more than five
but fewer than 16 children within a resode RGe
Dedication
A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is
entailed, dedication must be made by written instrument and is completed with an acceptance.
Designated Public Sewer Service Area
An area located within Orange County's Primary Service Area in the Water and Sewer Management,
Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served
by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid,
or similar device, for construction of public sewer facilities).
Detention Pond
A engineered stormwater control consisting of a pond constructed and maintained in accordance with
Appendix A of this Ordinance, which allows for pollutants to settle and provides for the gradual release of
the impounded water. The detention pond is the Best Management Practice which must be used within
282 The term is no longer listed within the Table of Permitted land uses. Staff is recommending we delete the
definition. There are currently opportunities to apply for a Care Facility(i.e. Class B Special Use Permit) in the
majority of residential districts addressing this need.
Orange County, North Carolina—Unified Development Ordinance Page 10-10
Article 10: Definitions 251
Section 10.1: Definitions
Easement
A grant of rights by a property owner to another individual, group or governmental unit to make limited
use of a portion of real property for a specified purpose.
Eating and Drinking Establishments
Land uses providing for the consumption of food and/or drink to its clientele on or off site.2ss
Economic Development Activity Node
Land in Transition areas of the County which has been specifically targeted for economic development
activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are
located adjacent to interstate and major arterial highways, and subject to special design criteria and
performance standards. Flex space typically includes one-story buildings designed, constructed, and
marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom,
manufacturing assembly or similar operations.
Efficiency Apartment
An additional dwelling unit accessory to a single family residence meeting the development criteria
outlined within this Ordinance.
Elevated Building
A non-basement building, which has its reference level raised above ground level by foundation walls,
shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of
hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded
movement of floodwaters.
Encroachment
The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede or alter the flow capacity of a floodplain.
Engineered (or Structural) Stormwater Controls
A structural Best Management Practice (BMP) used to reduce non-point source pollution to receiving
waters in order to achieve water quality protection goals. (See also Best Management Practices and
Detention Pond) (Unless otherwise specified, "BMP", when used in this Ordinance, refers to structural
BMPs.)
Environmental Document
An EA, EIS, or FONSI, or all of them.
Environmentally Sensitive Areas
Land which is subject to special natural environmental conditions such as flooding that present significant
constraints to built development.
Equestrian Center
A facility designed and intended for the display of equestrian skills and the hosting of events including, but
not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian
disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic
trips per day, and may be held more frequently than once per month. A commercial stable may be
included on the site.
Existing Construction
Structures for which, the "start of construction"commenced before March 16, 1981. This term may also
be referred to as "existing structures."
283 Originally there were examples of various eating and drinking establishments. These were eliminated as they
were deemed to be unnecessary.
Orange County, North Carolina—Unified Development Ordinance Page 10-13
Article 10: Definitions 252
Section 10.1: Definitions
Existing manufactured home park or manufactured home subdivision
A manufactured home park or subdivision for which, for flood damage prevention purposes, the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) completed before March 16, 1981.
Extraction of Earth Products
The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter
from their original location. It does not include any processing of such material, beyond incidental
mechanical consolidation or sorting to facilitate transportation to the site of use or location of further
processing.
FONSI
A Finding of No Significant Impact. As pertaining to an EA or EIS.
Family
For purposes of this Ordinance, family shall be defined as an individual or two or more persons related by
blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five persons
who need not be related in a dwelling unit. A"family" may include five or fewer foster children.
Family Care Facility
A rPQmdPntmaI fagmifty as defined mn NCGS 168-21 limited to smx unrelated occupants not countinq
s#af#. A facility which meets the definition of a family care home in NCGS 168-21.T
Family Day Care 1 Gnie 5
A resodenGe in whiGh GhildlGare is provided, whiGh provides GhildGare fA-.r ne mere than three Ghildren.
Family Income
The gross annual sum of all income received by all adult members of the household, including:
a) Earned income from wages for all family members over the age of 18;
b) Income from assets;
c) Child support, alimony, Welfare payments, Social Security payments, including SSI, Worker's
Compensation and Unemployment benefits;
d) Regular contributions and gifts;
e) Income from a business;
f) Earned income tax credits;
g) Lump sum payments such as inheritance, insurance settlements, and proceeds from sale of
property; and
h) Income from absent military personnel who are considered family members of the household.
Farming
The use of land consistent with the State of North Carolina's definition of farming, as contained in the
General Statutes.
Farm, Bona Fide
The use of land meeting the criteria for"Farm"as defined by the State of North Carolina in the General
Statutes.
Farm Equipment, Non-Farm Use of
Commercial use of the farm equipment for non-farming activities away from a bona fide farm. Examples
include grading services and landscaping services.
284 There has been confusion with respect to what constitutes a 'family care home'. The Attorney has
recommended the definition be modified by deleting the Red Bold�`��'ems. Underlined text.
285 The term is no longer utilized and is being eliminated.
Orange County, North Carolina—Unified Development Ordinance Page 10-14
Article 10: Definitions 253
Section 10.1: Definitions
Farm Equipment Rental, Sales and Service
An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment,
including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
Federal Emergency Management Agency (FEMA)
The agency of the federal government chiefly responsible for studying and mapping flood plains and
developing guidelines limiting development therein.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Fertilizer
Any substance containing nitrogen or phosphorous which is used primarily for its plant food content.
Financial Services
Land uses providing economic and financial services to a clientele.2ss
Financially Responsible Person
In regards to soil erosion and sedimentation control provisions, and party or entity who has financial or
operation control over a land-disturbing activity and/or the landowner or party/entity in possession or
control of the land who had directly or indirectly allowed a land-disturbing activity or had benefited from
such activity.
Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Flexible Development
A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve
agricultural and forestry lands, natural and cultural features, and rural community character that might
otherwise be lost through conventional development approaches. At lease one-third (33%) of the land
within a Flexible Development subdivision must be set aside as open space which may be preserved
through:
a) An "estate lot" option where all land is subdivided into lots four acres or greater in size, building
lot area including setbacks are established on 50% of each lot, and the land area outside such
area is preserved as open space provided that front and side yard setback areas shall not be
counted toward meeting the minimum open space requirement except as specified by provisions
of Section 8.13.4; or
b) A "conservation-cluster"option where lot sizes are reduced and the land saved through such
reductions is preserved as open space on separate lots owned and maintained through a
homeowners association, a non-profit land conservancy or unit of state or local government; or
c) A "village" or modified cluster option where dwelling units are clustered around a village green
and supporting shops, and the village is surrounded by open space; or
d) Some combination of the above.
286 New term being defined to ensure proper reference to what is going to be permitted as part of the land use
category.
Orange County, North Carolina—Unified Development Ordinance Page 10-15
Article 10: Definitions 254
Section 10.1: Definitions
describes federal, state or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Flood Proofing
Any combination of structural and nonstructural additions, changes, or adjustments to structures, which
reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation
facilities, or structures with their contents.
Flood-resistant material
Any building product, material, component or system, capable of withstanding direct and prolonged
contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost
cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including
normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-
resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict
evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable.
Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer
to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA.
Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
This term may also be referred to as "regulatory floodway."
Floodway encroachment analysis
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina
licensed engineer using standard engineering methods and models.
Flood Zone
A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in
the area.
Floor
See "Lowest Floor".
Floor Area Ratio
Floor Area Ratio (FAR) is the maximum floor area permitted for each square foot of land area.
Footcandle
See Outdoor Lighting, Foot-candle.
Forest Plantation
An area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop
trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed
that is blown or carried into the site.
Forest Vegetation
The plants of an area which grow together in disturbed or undisturbed conditions in various wooded plant
communities in any combination or trees, saplings, shrubs, vines, and herbaceous plants. This includes
mature and successional forests as well as cutover stands.
Foundry
Orange County, North Carolina—Unified Development Ordinance Page 10-17
Article 10: Definitions 255
Section 10.1: Definitions
A land use involved with the production of castings or products through poring molten metal into molds or
casts.
Fraternity, Sorority House
A building occupied by and maintained exclusively for college or university students who are affiliated with
a social, honorary or professional organization and which is recognized by the college, university or other
institution of higher learning.
Freeboard
Height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could
contribute to flood elevations.
Frontage, Building
The linear length of a building facing a public street right-of-way, exclusive of alleys; or the linear length of
the street right-of-way that faces the building, whichever is smaller.
Frontage, Lot Line
The distance measured along the designated front lot line or public or private right-of-way or easement,
as determined by the Planning Director, which affords vehicular access to the property between the
points of intersection of the side lot lines with such right-of-way or easement. For the purposes of this
definition, businesses have only one frontage.
Frontage, Tenant
Each lineal foot, or major portion thereof, measured along the main entry of a tenant space within a non-
residential complex.
Full Cutoff Fixture
See Outdoor Lighting, Full Cutoff Fixture.
Functionally Dependent Facility
A facility, which cannot be used for its intended purpose unless it is located in close proximity to water,
such as a docking, or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service
facilities.
Garden Center
Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home
landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative
pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as
Christmas trees, pumpkins and flowers are permitted in the outdoor display area.
General Use Zoning District
The various zoning districts contained in Article 3 of this Ordinance that are not Conditional Districts.
Conditions cannot be applied to general use zoning districts.
Glare
Light emitting from a luminaire, solar panel, glass, or similar reflective surface with an intensity great
enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing
momentary blindness.
Golf Course
A tract of land designed and laid out for the game of golf. Golf courses include, but are not limited to
courses open to the general public for a daily user fee, private courses available to members and their
287 Definition of new land use.
Orange County, North Carolina—Unified Development Ordinance Page 10-18
Article 10: Definitions 256
Section 10.1: Definitions
guests, courses proposed as single, independent uses, as well as those planned as an accessory use
which is part of a residential or recreational development.
A golf course development may also include the following accessory uses and building typically
associated with such a facility: club house; restaurant/snack bar; barroom; prop shop; billiards; table
tennis, spa/health club; racquetball, hand ball, and tennis courts; swimming pool; locker rooms; and real
estate sales office.
Goods, Incidental
Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician
selling hair products.
Gross Floor Area
The area within the perimeter of the outside walls of a building as measured from the exterior face of the
exterior walls or from the centerlines of walls separating two buildings, with no deduction for hallways,
stairs, closets, thickness of walls, columns, or other interior features.
Group Care Facility
A faGility "Gensed by the appropriate state agency, as a group care facility for from seven to
fifteen unrellated indmv0dualls excluding supervisory personnel, who are handicapped, aged or
diisabled and are undergoing rehabilitation, or extended care, and are provided servicesto .;.;.P-P-t.
their specific needs. This category includes group homes for all ages, half-way houses, foster
and bearding homes. The following shall not be eligible for admission to a group Gare faGility..
a) Persons addiGted to or rewperating from the effeGts of an addiGtien to drugs or alcohol;
b) Persons adjusting to non-prisen life, including but not limited to, pre-release, wer
release, probationary programs and auyeniln.detention centers.
A facility licensed by the appropriate State agency providing room and board for seven to 15 unrelated
individuals, excluding staff, who as a result of age, illness, handicap or some specialized program require
personalized services or a supervised living arrangement in order to assure their safety and comfort.288
Group Home
A residential living arrangement providing housing for six to 15 unrelated individuals other than a Group
Care Facility.289
Group Development
One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy
by more than one separate family, firm, business or other enterprise.
Guest Ranch290
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.
288 Existing definition being simplified and unnecessary language being removed,specifically the Red Bold
StFakethFOU94 Underlined text. By keeping references to the need for a State license,we can eliminate the
denoted superfluous language.
289 There is a current disconnect with associated with living arrangements for a group of individuals exceeding the
definition of family who wish to live together but do not require personalized services or specialized care. This is a
new land use category attempting to address this issue.
290 For the time being staff is keeping this use in the Recreational Facilities land use category.
Orange County, North Carolina—Unified Development Ordinance Page 10-19
Article 10: Definitions 257
Section 10.1: Definitions
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 and Personal Care Facility
A public or private facility, establishment, or institution providing housing for 16 or more unrelated
individuals who are furnished meals and health/personal care on a continuing basis. Term includes:
convalescent homes, nursing homes, rest homes, assisted living facility, sanatoria, homes for the elderly,
handicapped, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health
care, adult supervision, or rehabilitation.
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
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.
Orange County, North Carolina—Unified Development Ordinance Page 10-20
Article 10: Definitions 258
Section 10.1: Definitions
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, � -Motor Lodge Motor Inn Tourist Court"'
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
le—pSeS are for weekly or lenger perieds and eGGijpaRts are geRerally residents rather than tr—ansieRtS.
Hotel Residential
hotel,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 temporar
lodging units for guests of regular tenants may be provided in any residential
with number of such
units limited to 1 00/ of the number of tenant lodging nits 292
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 293
bakery, Gandy, and beverages, 'nG!Ljd'ng e mediGal —and instruments;
I.A.fAM(d furniture and 0 light 0 toys, sperting
ammunition;-And athlefinG equipment, eXG!ud*ng firearms and paper bags,SUGh as
Gentainers o and r+ardbeard
Industrial, Medium
the fellewing:
e ,
e
GeMpenents; f—arm 0GA-MITIP-rGial •
Industrial, Heavy
fish;Manufactur' ng operations with a greater potential to impact surrounding properties, where a
be limited asphalt MiXiRg plants; GP—MP—At FnaA1-1faGtwring or prOGessing; GE)MmerGial feed
plants.GonGrete mixing
291 Now part of the Short Term Rental use category.
292 Staff is recommending this be eliminated as being overly redundant.
293 The UD0 no longer makes references to 'light', 'medium',or'heavy' industrial land uses. Identified land uses
and development criteria are now incorporated within Article 5.
Orange County, North Carolina—Unified Development Ordinance Page 10-21
Article 10: Definitions 259
Section 10.1: Definitions
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 1) 194
The keeping of more than six but less than 20 animals of any species, excluding domesticated livestock,
en a parGel of property for the purpose of showing, GOMpetition, hunting, or sport. All animals shall be
ewned 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
Any use of the land that results in a change in the natural cover or topography that may cause or
contribute to sedimentation.
Landfill
A site within which is deposited solid waste material, including trash, construction debris, stumps,
branches and limbs, garbage and industrial waste.
294 Staff is eliminating the definition and the existing land use. In staff's opinion,this was never intended to be a
principal land use in and of itself as it currently exists.
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Article 10: Definitions 260
Section 10.1: Definitions
Landfill, Discharging
A landfill facility with liners, monitoring equipment and other measures to detect and/or prevent leachate
from entering the environment and in which the leachate is treated on site and discharged to a receiving
stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North
Carolina Division of Water Quality.
Land Use Intensity Definitions
(See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open Space,
Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space,
Pedestrian/Landscaped Space Ratio.)
Land Use Permit
A zoning permit, subdivision approval, building permit, site plan, special use permit, or conditional use
permit.
Land Use Plan
A set of documents and maps that categorize existing patterns of land development and set guidelines for
the desirable intensity, density, quantity, type, location and timing of future development based upon the
goals and policies set forth in the Plan. The Land Use Plan can be found in the Land Use Element of the
Comprehensive Plan.
Leather and Allied Product Manufacturinq 295
Land uses involved in the transformation of previously finished leather into products for eventual sale or
distribution. This includes products, except for apparel, made from leather substitutes including rubber,
plastics, or textiles. This does not include the transforming of raw product to allow for the development of
a product. Please refer to Leather and Hide Tanning and Finishing.
Leather and Hide Tanning and Finishinq 295
Land uses involved in the transformation of hides into leather through tanning or curing. Does not include
the manufacturing of leather into products for eventual sale or distribution.
Length of Wall
The horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case
of attached dwellings) are off-set by angles or setbacks of six feet or more, the length of each segment so
set off shall be measured separately in establishing pertinent yard depth. Length of the wall of a circular
building shall be construed as the diameter of the building.
Letter of Map Change (LOMC)
An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map
or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National
Flood Insurance Program map. A LOMA is based on technical data showing that a property
had been inadvertently mapped as being in the floodplain, but is actually on natural high
ground above the base flood elevation. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodway
delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of
land has been elevated by fill above the BFE and is, therefore, no longer located within the
special flood hazard area. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community's floodplain management
regulations.
295 Definition of new land use categories.
Orange County, North Carolina—Unified Development Ordinance Page 10-23
Article 10: Definitions 261
Section 10.1: Definitions
Maintain
General servicing and upkeep to keep an object in a safe, operable, and attractive condition.
Major Development Project
Includes, but is not limited to, shopping centers, Conditional Use projects, and industrial and commercial
projects, but does not include any projects of less than two contiguous acres in extent.
Major Intersection
Any intersection where traffic generated by a development proposal will have a significant impact on the
operation of the intersection.
Manufactured Home
A dwelling unit, transportable in one or more sections that:
a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential
Building Code for One- and Two-Family Dwellings;
b) Is composed of one or more components, each of which was substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis,
c) Exceeds 40 feet in length and eight feet in width,
d) The manufacturer voluntarily files certification required by the Secretary of the Department of
Housing and Urban Development and complies with the standards established, and
e) Is built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities.
Manufactured home park or subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufacturing Assembly, Processing, and Distribution Use 296
An establishment engaged in the mechanical, physical, or chemical transformation of materials,
substances, or components into new products. The assembling of component parts into a final product
can also be considered part of this category. This term encompasses 2-two different categories of land
uses, namely: Manufacturing, Assembly, Processing, and Distribution Uses— Food and Manufacturing,
Assembly, Processing, and Distribution Uses—Other.
Market Value
The building value, excluding the land, (as agreed to between a willing buyer and seller), as established
by what the local real estate market will bear. An independent certified appraisal can establish a market
value using: replacement cost depreciated by age of building (Actual Cash Value) or adjusted assessed
values.
Massage
The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, applied by hand,
arm, foot or mechanical device.
Massage Business
Any establishment or business wherein massage is practiced, including establishments commonly known
as health clubs, physical culture studios, massage studios and massage parlors.
Massage, Business Of
The massage or treatment of any person for a fee or in expectation of a gratuity from the person
massaged.
Massage, Profession Of
See "massage, business of".
296 Additional language added to ensure clarity with respect to what is and is not included.
Orange County, North Carolina—Unified Development Ordinance Page 10-30
Article 10: Definitions 262
Section 10.1: Definitions
Massage Practitioner
Any person engaged in the business or profession of massage.
Meat Processing Facility, Community
A smaller scale facility where livestock or wildlife is slaughtered, processed, and packaged for personal
consumption and/or wholesale or retail sale. The livestock must be raised on the subject farm and from 1
to 4 other cooperative farm partners.
Meat Processing Facility, Regional
A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for
wholesale or retail sale.
Medical Uses
See "Health Services."
Metal Fabrication Shop
A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale.
Microbrewery, production only
A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail
sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm
and using primarily crops produced on-site.
Microbrewery with Minor Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small
periodic events that are expected to attract fewer than 150 people to the site. Food services may be
permitted under the conditional zoning or special use permit approval.
Microbrewery with Major Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are
expected to attract more than 150 people to the site. Food services may be permitted under the
conditional zoning or special use permit approval.
Mobile Home
A dwelling unit that:
a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential
Building for One- and Two-Family Dwellings;
b) Is composed of one or more components, each of which is substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis for
placement on a temporary or semi-permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
c) Exceeds eight feet in body width and 32 feet in body length.
d) Is certified by the Secretary of the Department of Housing and Urban Development as meeting
applicable standards.
Mobile home shall also mean a double-wide mobile home and shall be considered synonymous with the
term manufactured home.
Mobile Home, Accessory
A subordinate structure, the use of which is customarily incidental to the permitted use of the principal
buildings. Accessory uses include, but are not limited to:
a) Storage unit,
b) Office, and
c) Classroom facility.
Orange County, North Carolina—Unified Development Ordinance Page 10-31
Article 10: Definitions 263
Section 10.1: Definitions
The mobile home, as an accessory structure, must not create non-conforming yards or setbacks. The
installation of a mobile home, as an accessory structure, is exempt from the requirements set forth herein.
Skirting is required, and the mobile home must be connected to the required utilities, which include the
plumbing, heating, air conditioning and electrical systems contained therein, provided the unit is not
installed for the purpose of storage. The Orange County Health Department shall determine what type of
sewage disposal system is appropriate. If the unit is installed for the purpose of storage, only
underskirting is required, connection to the required utilities (listed above) is optional.
Modular Home
A dwelling unit constructed in accordance with the construction standards of North Carolina Uniform
Residential Building Code for One- and Two-Family Dwellings and composed of components
substantially assembled in a manufacturing plant and transported to the building site for final assembly
and placement on a permanent foundation. Without limiting the generality of the foregoing, a modular
home may consist of two or more sections transported to the site each on its own chassis or steel frame,
or a series of panels or room sections transported to the site on a truck and erected, assembled, or joined
there.
Motor Vehicle Maintenance and Repair297
An establishment where the following services are available:
a) Body work,
b) Straightening of body parts,
c) Painting, and
d) Welding,
e) -gee of meter vehiGles net in eperatinn Gonditien.
Motor Vehicle Repair Garage291
An establishment where the following services are available:
a_raMajor mechanical repairs, including engine overhaul, apA
b) tTransmission work. Repair garages can also offer services similar to service stations.
c) Sale and servicing of spark plugs, batteries and/or distributors and ignition systems parts;
d) Sale, servicing and repair of tires, but not recapping or re-grooving;
e) Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield
wipers and blades, grease retainers, wheel bearings and the like;
f) Radiator cleaning, flushing and fluid replacement;
q) Provision and repair of fuel pumps, oil pumps and lines;
h) Adjustment and repair of carburetors;
i) Adjustment and repair of brakes;
I) Adjustment and repair of wiring;
k) State motor vehicle inspections; and
1) Temporary storage of motor vehicles not in operating condition while work is being performed
onsite.
Motor Vehicle Service Station291
An establishment where gasoline, diesel oil and/or other fuel for internal combustion engines is supplied
and dispersed at retail and where, in addition, the following services may be rendered: and salmaQe
-Rn'f ne ether•
a) Sale and SerViGing of spark plugs, batteries and/or distributers and ignition systems pa4s-,1
b)S,ale,ser-vici and repairof tires, but net reGapping orTegr
G) ReplaGement ef mufflers, tall pipes, water hoses, fan belts, brake fluid, light bulbs, windshield
wipers and blades, grease retainers, we bearings wheel and the like;
297 Staff is recommending modification of existing definitions to ensure there is a proper and identifiable
distinction between the various motor vehicle land uses.
298 Staff is taking existing language from the definition of'Motor Vehicle Service Station' and placing here. These
activities are consistent with a 'Motor Vehicle Repair' land use.
299 Commonly referred to as a gas station. Staff is modifying the existing definition to ensure consistency.
Orange County, North Carolina—Unified Development Ordinance Page 10-32
Article 10: Definitions 264
Section 10.1: Definitions
d) Radiator cleaning, flushing fluidreplacement;
e) Washing and polishing supplio�
I�f) GreasiRg and bFiG tiGR;T�h��
lines;g) Provision and repair of fuel pumps, on! pumps and
h) Minor adjustment and repair Of e
0)Adjustment and repair of brakes,
) Ern fin/\\/Y ^J.r of wiring;
]T er�GTlG Y7 epAITVTf
k) Minor motor adjustments not involving removal of the head OF GrankGaw,
gaLSales of beverages, packaged foods, tobacco products and similar convenience goods for
customers, as accessory and incidental to the principal operations; and
m)b) Provision of road maps and other travel information to customers;
n) ProyiSi9R of restFoom facilities and
e) State motor vehicle inspectloni—s.
parts,A SerViGe statmon is not a repa.r garage nor a body shop. Uses permissible at a serViGe station do not
nGlude major MeGhaniGal and body work, straightening of body painting, welding,
storage of
Multiple Use
The combination on one lot of two or more principal uses, excluding outdoor advertising signs. (Under
some circumstances, a second use may be regarded as accessory to the first, and thus a multiple use is
not established.)
Net Assets
The equity value of real property such as land, buildings, Certificates of Deposit, Checking and Savings
accounts, money market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, gold or precious
metals, and business equipment. Family or personal assets such as furniture, automobiles, wheelchairs
or other special equipment, household goods, boats and recreational vehicles are not included.
New construction
Structures for which the "start of construction"commenced on or after March 16, 1981, and includes any
subsequent improvements to such structures.
Night Club, Bar, or Pub
An establishment that allows food, alcoholic drink and/or entertainment.
Non-Conformance
Non-conformities are:
a) Lots;
b) Uses of land without structures or with minor structures only;
c) Uses of major structures and premises;
d) Characteristics of Use; and
e) Structures
which were lawful but would be prohibited, regulated or restricted by the enactment of this Ordinance or a
subsequent amendment thereto. Non-conformity may also be created by lawful public taking or actions
pursuant to a court order and have the same effect as violations of this Ordinance, if undertaken privately.
Non-Conversion Agreement:
A document stating that the owner will not convert or alter what has been constructed and approved.
Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same
enforcement procedures and penalties. The agreement must be filed with the recorded deed for the
property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has
been completed.
Non-Encroachment area
Orange County, North Carolina—Unified Development Ordinance Page 10-33
Article 10: Definitions 265
Section 10.1: Definitions
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot
as designated in the Flood Insurance Study report.
Non-Point Source Pollution
Pollution which enters waters mainly as a result of precipitation and subsequent run-off from lands which
have been disturbed by man's activities and includes all sources of water pollution which are not required
to have a state or local or state permit for discharge into a stream.
Non-Profit EdUGatiGnal Cooperative
An organization operated on a non profit bas's whose is to aGqu*re, prodUGe and distribute
n6trUGtional materials fer the benefit of its member institutions. Membership 06 GOMprised primarily ef
fully aGGredited SGheels ef health, edUGation, SC)Gial, legal, envirenmental and/or SG1enGes IR
of higher learning (univerGitieG, GGIleges and teGhnical institutes). OR site faG61ity development
s and fellewship training programs may also be provided as part of the organizatiep,�6
purpese. 00
Non-Residential Development
Development of any land use which is not residential in nature, including uses (such as churches) which
are allowed in residential zoning districts.
Non-Residential Floor Area - Inclusions and Exclusions
The sum of areas for non-residential use on all floors of the building measured from the outside faces of
the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and
balconies, and below-grade floor areas used for non-residential access and storages. Not countable as
floor area are:
a) Open terraces, patios, atriums, or balconies.
b) Any residential space.
Non-Residential Land Area
All land for non-residential development and related uses, including open space, within the district in the
case of locations which are controlled by these regulations. Non-residential land area shall not be
construed to include lands not beneficial to non- residential use due to location or character, or areas
used predominantly for residential purposes.
Nursing Home
A faGility, "Gensed by the appropriate state agency for the care of aged or that meet
the requirements s et forth On this Ordinance. See Health and Personal Care Faci lity.301 '
Nutrient Sensitive Waters
Those waters which are so designated in the classification schedule in order to limit the discharge of
nutrients (usually nitrogen and phosphorous). They are designated by"NSW"following the water
classification.
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
300 Land use was eliminated as part of this process.
301 Staff is recommending maintaining a reference with respect to the new land use category incorporating the
identified use.
Orange County, North Carolina—Unified Development Ordinance Page 10-34
Article 10: Definitions 266
Section 10.1: Definitions
Office Use
A use of property land uses providing fer-professional and clerical activities associated with the
operation of a business or provision of professional services to clientele.
Offinec 4_ Personal SeFYOGesf Class 1302
OffiGes and personal serviGeS that attraGt feW GUsterners Or Glients on p.emises other than employees,
generate low traffiG volurnes (.E 100 trips/day), and have no adverse 4rnpaGts beyond the spaGe oGGup*ed
by the building-.
Offices & Personal Services Glace 2
Offices and personal services that generate medium traffiG veliimes (100 400 ticips�day), and have no
adverse 'ninon+c beyond the In+ bound or'nc
Offinec 4_ Personal SeFYOGes7 •Clan 4
QffiGes and personal SerViGeS that generate high traffiG volurnes (> 400 and have no adverse
e
i mpaGts beyond the zoning district boundary.
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space - (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B. Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50%or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s) within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
Outdoor Lighting, Cutoff Fixture
302 These definitions are being eliminated. Regulation governing operational parameters of an 'office' land use are
now located within Article 5 of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 10-35
Article 10: Definitions 267
Section 10.1: Definitions
Outdoor Lighting — Sodium Vapor Luminaries
Lamps within which ultraviolet and yellowish-orange visible light is produced by an electric charge through
a small amount of sodium and neon gas.
Outdoor Lighting, Tube Lighting
Gas-filled glass tube, excluding common fluorescent tube bulbs, that becomes luminescent in a color
characteristic of the particular gas used, such as neon, argon, krypton, etc.
Outdoor Lighting, Upward
Projection of light above the horizontal plane.
Overlay Zoning District; Overlay Zone
A special zoning district that applies supplemental standards in addition to the underlying zoning
requirements.
Package Treatment Plant
Privately owned and operated sewage treatment facility. These plants are prefabricated by the
manufacturer and delivered as completed units to the clients.
Paperboard Containers and Box Manufacturing, Assembly, and Processing
A land use engaged in converting previously manufactured paperboard into containers. Does not include
the actual manufacturing of the paperboard product. Please refer to Pulp, Paper, and Paperboard Mills as
defined herein. 30
Parking Deck
A special structure of two or more levels designed to be used for the temporary storage of motor vehicles.
Pedestrian/Landscape Ratio
This is the minimum square footage of pedestrian access and landscaped areas in a non-residential
development for each square foot of gross land area.
Pedestrian/Landscaped Space
Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor
space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped
areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for
incidental service, maintenance or emergency actions.
Personal Services
An establishment engaged in providing services generally involving the care of the person (e.g.
hairdresser, tailor, laundry, etc.).
Petroleum and Coal Product Processing, Preparation, and Distribution304
A land use engaged in the transformation of crude petroleum and coal into usable products, including the
separation of crude petroleum into component products through such techniques as cracking and
distillation. Allowable activities include manufacturing of asphalt for paving or roofing, manufacturing of
asphalt shingles and coating. This activity does not include the manufacturing of Petroleum and
Lubricating Oil and Grease Manufacturing or Petroleum Refinery operations as defined herein.
Petroleum and Lubricating Oil and Grease Manufacturing
A land use engaged in the blending or compounding of refined petroleum to make lubricating oils and
greases and/or re-refining used petroleum lubricating oils.
303 Definition of new land use.
304 As part of this amendment package,staff has recommended including several new definitions of land uses in
order to ensure appropriate reference to'what'activity would be permitted. This will aid in detailing what is and is
not permitted for development within the County.
Orange County, North Carolina—Unified Development Ordinance Page 10-37
Article 10: Definitions 268
Section 10.1: Definitions
Petroleum Product Storage and Distribution
The storage of finished/refined petroleum products for sale and distribution including retail and wholesale
activities.
Petroleum Refinery305
A land use engaged in refining crude petroleum into refined petroleum products involving one or more of
the followinq activities: (1) fractionation; (2) straight distillation of crude oil; and (3) cracking.
Phase of Grading
One of two types of grading: rough or fine.
Photovoltaic (PV)
Technology that converts light directly into electricity.
Place of Worship
An assembly land use primarily providing meeting areas for the support of religious activities, services,
and study. The term includes, but it's not limited to: church, temple, mosque, and synagogue. 306
Portable Building
A building not intended for residential use consisting of one or more modules constructed off the ultimate
site of use and transported to that site.
Post-FIRM
Development for which construction started on or after March 16, 1981.
Pre-FIRM
Development for which construction started before March 16, 1981.
Premises
A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded
as a unit of real estate.
Principally Above Ground Structure
A structure whereby at least 51% of the actual cash value of the structure is located above ground.
Principal Structure
Any building or other structure occupied or used for the purpose of conducting the principal use of the
property.
Principal Use
A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary
and chief purpose for which a lot is used.
Professional Services
Establishments that specialize in performing professional, scientific, and technical activities for others.
Examples include, but are not limited to, the following: accountants, architects, attorneys, dentists,
doctors, engineers, real estate agents, and veterinarians.
30s Staff held open houses to review the proposed amendments. During these meetings members of the general
public identified land uses they were concerned could be located within the County. This is one such example. As
previously indicated,staff is including definitions of several land uses in order to properly identify their operational
characteristics and provide sufficient detail on what will and will not be permitted.
306 This term takes the place of'church'within the existing UDC.
Orange County, North Carolina—Unified Development Ordinance Page 10-38
Article 10: Definitions 269
Section 10.1: Definitions
Public Body
Any government or governmental agency of the Orange County, the State of North Carolina, or the
United States of America.
Public Hearing
A hearing opened at any regular meeting of either the Board of County Commissioners or the Board of
Adjustments.
Public Interest Area
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Pulp, Paper, and Paperboard Mills
Land uses enciacied in the manufacturing of pulp, paper, or paperboard from raw materials.
Race Track
A facility built for racing of vehicles, athletes, or animals (e.g. horse racing or greyhound racing) which
may feature grandstands or concourses.
Recreation Space
Exterior area appropriately improved for common recreational use. Part of total and livability open space.
Recreation Space Ratio
Recreation space ratio is the minimum square footage of open space in residential areas, suitable by
location, size, shape, access and improvements, required for each square foot of gross land area. This
area is a public or private exterior area improved for recreation of all residents, having a least dimension
of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet.
Recreational Vehicle (RV)307
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters (i.e., for 180 days or less) for recreational, camping, travel, or seasonal
use.
Recreational Facilities
A use of property occurring indoors and/or outdoors providing recreational amenities, activities, or
services for compensation. Activities shall include, but not be limited to: sports played on a court,
amusement arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope
climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga
studios, athletic facilities, and gymnasiums.
Recycling of Materials308
307 Staff failed to correct the definition to ensure consistency with the term utilized in the Table of Permitted Uses
in the March 6, 2019 Planning Board packet. This replacement page corrects the issue.
Orange County, North Carolina—Unified Development Ordinance Page 10-39
Article 10: Definitions 270
Section 10.1: Definitions
A facility that converts waste or discarded materials into new materials or objects for sale and/or use off
site. Activities can include the breaking down of asphalt/concrete into stone/gravel, chipping of
wood/wood materials into mulch, composting, etc. Recycled materials can be sold on-site. The term
does not include the salvaging of metal or motor vehicles. Please refer to `Junkyard/Salvage' as defined
herein.
Reference level
The bottom of the lowest horizontal structure member of the lowest floor for structures within all Special
Flood Hazard Areas.
Regulatory flood protection elevation
The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas
where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation
plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this
elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is
interchangeable with "design floods".
Rehabilitative Care FaGility'o9
hand'Gapped, aged, disabled, yeLithful offenders, addiGted to a!Gehel er drugs, requiring prefessienal
healthnaroe adult supervision, or rehabilitation
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations. In terms of compliance with Orange County floodplain management regulations, the term
shall also include reduction of the impacts of a development's noncompliance including protecting the
structure or other affected development from flood damages, implementing the enforcement provisions of
the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with
regard to the structure or other development.
Repetitive loss
Flood-related damages sustained by a structure on two separate occasions during any ten year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of
the market value, or the tax value in the absence of recent comparative sales, of the structure before the
damage occurred.
Research Facility Without Manufacturing
An enclosed structure which accommodates research and research applications. Facilities may include
laboratories, offices, and other facilities for research and development, as well as prototype production
facilities for product creation. Prototype production shall be limited in scale to that necessary to fully
analyze the merits of the product
Research and Manufacturing Facility With Manufacturing
An enclosed structure which accommodates research and research applications as well as related light
industrial uses. Facilities may include laboratories, offices, other facilities for research and development,
and production facilities.
Reservoir, Class I
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant.
308 Definition of a new term. There is an existing facility off of Mt. Herman Church Road in the EDE-2 General Use
Zoning district.
309 Now included as part of the'Health and Personal Care Facility' land use under the Medical Uses land use
category.
Orange County, North Carolina—Unified Development Ordinance Page 10-40
Article 10: Definitions 271
Section 10.1: Definitions
b) A cafeteria style setting is provided where food, and/or beverages are consumed within the
restaurant structure.
Restaurant Carry-Gut
premises,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 veh cle parked upon the
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
state,AR P-Stabl's.h.m.p-W�Afheqe prinGipal bLjs*pp--q-q Iq_ the sale ef feed, and beverages tA_ thp- r.i-Iste-Mer In a ready
and whose design, method of ,
or any portion of whose business includes
one or both of the following characteristics:
a) Food and beverages are served directly to the customer n a motor vehicle by a carhop or b
other means_which 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 1311
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 -r-
En A en� Within a fully enclosed building with no s
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 4
Ret-ail tr-ade, sales, & rental At d,irable ;;Ad r_envepieRGe geeds, mp-MG-hapinddise & equipment, 'nGllJd!Rg mall
high volume of traffic generated (more than 800 Trips/Day)
Retail Use
An establishment focused on selling goods or merchandise to the general public for personal or
household consumption and the rendering of services incidental to the sale of merchandise. 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
An assembly land use new or existing facolifty operated by a corporation er association „t person
amenities services and ctivitios to its
cl,.`^t`:t- operated as a commercial activity. A retreat center may be owned by a profit or not-for-
profit
13
311 Staff is eliminating reliance on 'daily traffic trips' as a means of ascertaining what is and is not allowable in a
given land use category/zoning district. Staff has added standards within Article 5 limiting building square footage,
which creates the same effect as regulating traffic trips.
312 Expanding the existing definition to include language allowing for catalog or mail order houses as retail
operations consistent with the revised table of permitted uses.
313 Red Bold Sti4 e„Underlined represents existing language being deleted from the definition.
Orange County, North Carolina—Unified Development Ordinance Page 10-42
Article 10: Definitions 272
Section 10.1: Definitions
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 buildi^^ ^ gFOUp of attaGh^r! ^r det-a hed b uilrliRgS^^r,t.,iRiRg n
combiRati^r, frr,rr, three t^ r,;r,^ ledgiRg „Ritswhere individual rooms are rented out for occupancy for
weekly or longer periods. Individual rooms do not contain kitchen or cooking facilities for occupant use.with or without board, for residents, as diistonquished from hotels and tourmst homes mn whiGh
rentals are onnnralhi for damly or weekly periods a Pnt-q 314
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 Cctabim hmentS315
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
on intensity and permit
Bed and
Bed and Breakfast
and Country
further defined below.requirements, Breakfast, � � which
are
A. Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and volume of
paying guests is inGidental te the primary use ef the building as a private residenGe. One to th
guestreems are made ava lable to transient visitors. The establishment shall not Gontain
restaurant faruilntnp-s, h,-t m �d SGrViGe for transient guests only. (Zoning Permit)
Bed and Brealkiast inn. A business operated On a StrUGtUre WhiGh is used primarily for providing
overnight accommodations te the public, even theugh the 9WRer or manager loves GR the
314 The difference between a Rooming House and a Short Term Rental is the duration of stay(weekly or longer
versus overnight). Note a Rooming House must also be host occupied (i.e.the owner must live within the
structure). Red Bold W96 -;Underlined represents existing language being deleted from the definition.
315 Relocated and contained in the new definition of Short Term Rental.
Orange County, North Carolina-Unified Development Ordinance Page 10-43
Article 10: Definitions 273
Section 10.1: Definitions
nremi mho of ry + f h h+
pri�rrrS26. "c�tf6vrrrS-I�luy-i='arrgc�-rrv"rmrr�^v'c'rTt�Tr'�v"-rmrrvre�rrurref�ri . The
c-;h-;;" Pet PGA_Int�Ain rest-aur-aRt faGilities, but may provide food service for transient
g 618 +o only (Glass R S ID\
available,G. Country inn! A 13616'R866, whop_h A-ffp-.rq- and diniRg OR a predemiRately rural area.
Overnight aGGGMmedations are
and dinner te guests and the general pLjb!*G. The number ef guestreems may range frem four t_G
mere than a resta�gran+ shall n+ain ne more than 60 + (Cla S P)
pe���r-24. T�-i ee ���sea�s�.ass�7
Rural Heritage Museum316
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 317
A land use providing academic courses designed to satisfy curriculum requirements/standards
established by the State of North Carolina Department of Public Instruction 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
A land use providing instruction and/or training in the arts, such as music, art, or dance, and/or athletic
activities, such as martial arts but not approved by the North Carolina Department of Public Instruction.318
316 While the land use category has been eliminated,staff has recommended the term continue to be used in the
new Section 5.18.3 to identify'what'type of museum could be developed within the AR and RB general use zoning
districts.
317 This is the new land use category dealing with school land uses(i.e. pre-k through 12 grade). It needs to be
remembered this includes public and private schools. The County does not distinguish between public/private
institutions.
318 This combines all performing arts and/or athletic activities into a central land use category. Standards have
been located in Article 5 creating the necessary distinction(s)as to where such uses would be allowed.
Orange County, North Carolina-Unified Development Ordinance Page 10-44
Article 10: Definitions 274
Section 10.1: Definitions
School — Technical, Trade, and Skill Training
Land use(s) engaged in offering a variety of technical, trade, continuing education, vocational and skills
training. Includes facilities providing workforce education and college transfer academic programs and
may include institutions that maintain athletic teams and offer on-site living accommodations (i.e.
dormitories) but not approved by the North Carolina Department of Public Instruction.
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 Small — Host Occupied: 319
A dwelling occupied by a host, which provides up to three guestrooms for up to one week of rental or
lease.
Short Term Rental Large — Host Occupied:
319 Consistent with direction from the BOCC and County's Attorney office staff has combined existing overnight
accommodation uses(i.e. bed and breakfast, bed and breakfast inn,county inn, hotel/motel,tourist home, etc.)
into the following land use categories.
Orange County, North Carolina—Unified Development Ordinance Page 10-45
Article 10: Definitions 275
Section 10.1: Definitions
A dwelling occupied by a host which provides more than three questrooms for up to one week of rental or
lease-
Short Term Rental — Non-host Occupied:
A building or group of buildings which provides guestrooms for rental or lease but is not occupied by a
host.-"'
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:
Solid Base or Open Area Under
Sign Not Counted As Area
In most cases the rectangular shape of a sign equals the sign area.
320 This land use is an attempt to provide a distinction between a 'bed and breakfast' rental,which is deemed to be
acceptable is a residential setting and a 'hotel'which is more commercial in nature. As detailed within the
proposed new table of permitted uses,Short Term Rental—Non-host Occupied is not permitted in residential
general use zoning district.
Orange County, North Carolina—Unified Development Ordinance Page 10-46
Article 10: Definitions 276
Section 10.1: Definitions
I�
Site Specific Development Plan
A plan approved by the Orange County Board of Commissioners in accordance with the Class A Special
Use Permit process and which describes, with reasonable certainty, the type and intensity of use for a
specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific
Development Plan shall be deemed approved upon the effective date of the Board of Commissioners'
action.
Site Plans, Special Use Permits, Conditional Use Districts, Conditional Zoning Districts, and Preliminary
Subdivision Plats may be approved as Site Specific Development Plans in accordance with the provisions
of this Ordinance. Site Specific Development Plans are required only where an applicant wishes to vest
his property rights for a period longer than that otherwise permitted by this Ordinance.
Solar Array— Accessory Use
Include any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to,
and incorporated into the development of an authorized use of the property, and which are designed for
the purpose of reducing or meeting on-site energy needs.
Solar Array— Large Facility
A solar facility located on a developed or undeveloped parcel of property producing more than 20 but less
than 100 kilowatts of power that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal (CST) devices, or various experimental solar technologies, with the purpose
of supplying power to existing land use(s) as well as the wholesale or retail sale of generated electricity
Solar Array— Public Utility
A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal (CST) devices, or various experimental solar technologies, producing more
than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated electricity.
Solid Waste Disposal Facility
Any facility involved in the disposal of any hazardous or non-hazardous refuses or sludge from a waste
treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges
generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and
other material that is either discarded or is being accumulated, stored or treated prior to being discarded,
or has served its original intended use and is generally discarded, including solid, liquid, semisolid or
contained gaseous material resulting from industrial, institutional, commercial and agricultural operations,
and from community activities.
Solid Waste Disposal Site
Any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.
Special Event
Orange County, North Carolina—Unified Development Ordinance Page 10-56
Article 10: Definitions 277
Section 10.1: Definitions
A commercial activity,attracting at least 20 people at any given time, that typically does not involve
permanent structures, and rhos not nn..,„ rr,.,.o froq nor,+ly thaR SeVOR days OR a 4!1_day peFi )d GF ., EWO
than 50 days per year 321 Examples of special events are craft shows, small festivals, concerts, medical
or veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as
picnics or receptions sponsored by a restaurant or caterer.
Activities which are not included in this definition include:
a) Events of a personal or non-profit, nature such as family reunions and church activities;
b) Farm-related or rural events such as horse shows, 4-H events and auctions; and
c) Fund-raising events for non-profit organizations.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1%or greater chance of being flooded in any given year as
determined in Section 1.1.3 of this Ordinance, as defined by the base flood elevation.
Special-Purpose Unit of Government
Any special district or public authority.
Special Use
A use which would not be appropriate generally throughout the zoning district or without special study, but
which, if controlled as to number, area, location or relation to neighborhood, would be appropriate. Such
uses which are listed as Special Uses in the Permitted Use Table, Section 5.2, may be installed and
operated only after approval by the Board of Commissioners or by the Board of Adjustment, as
appropriate, subject to the general and specific standards.
Specified Anatomical Areas
(a) Less than completely and opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or
(iii) breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touchings of human genitals, pubic regions, buttocks or breasts.
Starch, Vegetable Fats, and Oils Manufacturing
Establishments primarily engaged in creating a finished oil based product by:
(a) Wet milling corn and vegetables;
(b) Crushing oilseeds and tree nuts;
(c) Refining and/or blending vegetable oils;
(d) Manufacturing shortening and margarine;armor
(e) Blending purchased animal fats with vegetable fats-322
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure (including a manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory buildings,
321 Language moved to Article 5.
322 Staff is recommending adding a definition of this new land use to ensure we properly reference all activities
including within the category.
Orange County, North Carolina—Unified Development Ordinance Page 10-57
Article 10: Definitions 278
Section 10.1: Definitions
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
State Agency
Every department, agency, institution, public authority, board, commission, bureau, division, council,
member of Council of State, or officer of the State government of the State of North Carolina.
State Clearinghouse
The clearinghouse agency established by the North Carolina Department of Administration under the
North Carolina Environmental Policy Act.
State Mandate
The minimum Rules adopted by the Environmental Management Commission for application to North
Carolina's water supply watersheds, as required by the Water Supply Watershed Protection Act. The
purpose of the Act, as stated in its opening paragraph, is "... to protect and enhance the quality of the
State's surface water supplies by establishing a cooperative program of water supply protection to be
administered by local governments consistent with statewide management requirements established by
the Environmental Management Commission (EMC)." (See related definition "Water supply watershed").
Stockyard / Livestock Market
A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may
include enclosed pavilions, grandstands, paddocks, and stalls.
Storage of Goods
A land use where secured space, indoors or outdoors, is rented to tenants for the safeguarding and/or
keeping of general merchandise, refrigerated goods, and other personal items on a short or long term
basis.
Stormwater Collection System
Any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting (not treating) run-off. A
stormwater collection system does include vegetated swales, swales stabilized with armoring or
alternative methods where natural topography prevents the use of vegetated swales (subject to case-by-
case review), curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are
associated with development controlled by the provisions of 15A NCAC 2H 1003(c)(1).
Stream
A body of concentrated flowing water in a natural low area or natural channel on the land surface
Stream Buffer
An area of land adjacent to a stream or a FEMA-identified floodplain, whichever is greater, which, except
as permitted within this Ordinance, must remain undisturbed in its natural state. Streams are identified by
any of the following means:
a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps,
b) Shown as a water feature in the Orange County Soil Survey, or
c) A water feature identified by a field determination of County staff trained in surface water
identification through the North Carolina Division of Water Quality (NCDWQ).
Stream buffers shall extend around the perimeter of all other water features if any portion of the stream
buffer touches the water feature. Disputes pertaining to water feature identification decisions by County
staff shall be filed directly to the NCDWQ.
Stream, Ephemeral (Stormwater)
323 New definition of existing land use.
Orange County, North Carolina—Unified Development Ordinance Page 10-58
Article 10: Definitions 279
Section 10.1: Definitions
1. The classification shall be based upon the projected volume of traffic to be carried by the street,
stated in terms of the number of trips per day;
2. The number of dwelling units to be served by the street may be a useful indicator of the number
of trips but is not conclusive;
3. Whenever a subdivision street continues an existing street that formerly terminated outside the
subdivision or it is expected that a subdivision street will be continued beyond the subdivision at
some future time, the classification of the street will be based upon the street in its entirety, both
within and outside of the subdivision.
Street, Limited Access
A street to which access from adjoining property is not direct, but is combined, limited, channeled or
prohibited. Limited access streets are one means for controlling access to arterial streets and usually
provide one access point along a single block face.
Street, Local
A street used or designed primarily to provide access to abutting properties. It serves or is designed to
serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and
200 trips per day.
Street, Loop
A street used as a means for local traffic to leave and enter other streets without turning around, but
providing access only to abutting properties. These streets are less than one mile in length and have no
collector characteristics.
Street, Marginal Access
A minor street which is parallel to and adjacent to an arterial street, and which provides access to abutting
properties and protection from through traffic. Marginal access streets may also be referred to as "service
roads".
Street, Minor
A street used or designed primarily to provide access to abutting properties. It serves or is designed to
serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
Street, Private
A vehicular way, built to the private street standards of Orange County, not intended for public use or
public dedication and which serves a limited number of lots. It is maintained by private property owners
and intended for use by those private property owners.
Street, Public
A street which has been accepted for permanent maintenance by the State of North Carolina.
Street, Subcollector
A street used or designed to provide access to abutting properties, but is also designed to be used or is
used to connect minor or local streets with collector or arterial streets. Including residences indirectly
served through connecting street, it serves or is designed to serve at least 26 but not more than 100
dwelling units and is expected to or does handle between 200 and 800 trips per day.
Structure
Any walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is built or
constructed principally above ground, constructed or erected to a height of 30 inches or more, including
but not limited to load bearing walls, columns, beams or girders.
Studio (Arts and Crafts)
Reern or bu M Iding where an art is taught, praGtiGed er studied, er where a Graft or produGt as MaRually
Orange County, North Carolina—Unified Development Ordinance Page 10-60
Article 10: Definitions 280
Section 10.1: Definitions
wow-R„d-iea* fispe;-glass blewers weavers, and-s'lversmt"s. See School— Performing Arts,
Sports and Recreation.s2a
Study Area, Traffic Impact
The area in which a traffic impact analysis will be made and extending approximately one half mile along
roadways adjacent to a development project and in both directions from all access points or to a major
intersection along these roadways.
Subdivider
Any person or persons, firm or corporation subdividing land within the jurisdiction of this Ordinance.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the
purpose of sale or building development (whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing streets.
Subdivision, Exempt
a) The combination or recombination of portions of previously subdivided and recorded lots if the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of
the County, including private road justification standards, as detailed within this Ordinance.
b) The division of land into parcels greater than 10 acres if no street right-of-way dedication is
involved.
c) The public acquisition by purchase of strips of land for widening or opening streets.
d) The division of a tract in single ownership of the entire area of which is no greater than two acres
into not more than three lots, if no street right-of-way dedication is involved and if the resultant
lots are equal to or exceed the standards of the County as shown by its subdivision regulations.
Subdivision, Major
Any division of land that is not classified as an Exempt or Minor subdivision.
Subdivision, Minor
A division of a tract of land that does not:
a) Create more than five lots for conventional design options, or more than 12 lots for flexible
development, including the residual acreage, from any one tract of land in any 24 month period;
b) Dedicate or improve any new public street other than widening an existing public street;
c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots;
d) Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e) At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of "substantial improvement." Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed.
324 This use is now included as the combined School—Performing Arts,Sports, and Recreation land use category.
Orange County, North Carolina—Unified Development Ordinance Page 10-61
Article 10: Definitions 281
Section 10.1: Definitions
square feet, and complies with applicable standards of the North Carolina State Building Code and/or
Department of Housing and Urban Development (HUD). Temporary custodial care units shall not be
installed on a permanent foundation and shall be classified as an accessory use to an single family
detached dwelling unit. Includes mobile homes and temporary health care structures.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing
temporary residential space during the installation of a replacement mobile home or construction of a
stick-built or modular residential unit on the same lot, and for 30 days after the issuance of Certificate of
Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi-
permanent foundation.
Temporary Residential Unit
A residential unit occupied for no more than 180 days and connected to temporary utility services. The
term includes recreational vehicles, travel trailers, recreational park trailers, FEMA trailers, etc.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Textile Mills
Land uses involved with the transformation of a basic fiber, natural or synthetic, into a final product further
manufacturing into usable items off-site.
Theater
A building or outdoor area in which performances are preformed or shown. The term does not include
structures primarily constructed to support the holding and/or staging of sporting events where outdoor
performances may be held as an accessory use. sz5
Tourist Home...
A building er group of attaGhed er detaGhed buildingS Gentaining, in GOrnbination, three te nine ledging
units fOr eGGYpanGy for daily or weekly periods, with or without board, and primarily fer GGGUpanGy by
transients, as distinguished frern reerning heyses, in whiGh GGGIJpanGy iS primarily by residents r-ather than
traRGOeRtS.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
Traffic Generation: Medium
Uses which generate an average of between 200 and 800 vehicle trips per day.
Traffic Generation: High
Uses which generate an average of more than 800 vehicle trips per day.
32S As we are combining several land uses into a single category,staff is recommending a new definition of Theater
to accommodate all such activities.
326 Staff is recommending elimination of the term as the use is being included within the'Short Term Rental—
Large'and 'Rooming House' land use categories.
Orange County, North Carolina—Unified Development Ordinance Page 10-66
Article 10: Definitions 282
Section 10.1: Definitions
Variance, Minor, State Watershed Management
A variance from the minimum statewide water supply watershed protection rules that results in a
relaxation by a factor of up to 10% of any management requirement under the low density requirement.
Variance, Major, State Watershed Management
A variance from the statewide water supply watershed regulations that results in the relaxation by a factor
greater than 10% of any management requirement under the low density option or the relaxation of any
management requirement that applies to a development project requiring construction of a BMP.
Vehicle Trip
A vehicle trip occurs when one vehicle travels from a point of origin to a point of destination.
Vested Right
The right to undertake and complete the development of a property under the terms and conditions of an
approved Site Specific Development Plan, provided, however, failure to abide by such terms and
conditions shall result in a forfeiture of vested rights. The vested right is attached to and runs with the
applicable property and may be exercised by successors to the original landowner.
The period during which a vested right is in affect may be extended by amendments or modifications to
the Site Specific Development Plan. An application for an amendment or modification to an approved
Site Specific Development Plan shall be treated as a new application.
Once established, a vested right supersedes any zoning action which would affect with the type and
intensity of use approved in the Site Specific Development Plan, EXCEPT:
a) Upon written consent of the landowner;
b) Upon findings, after a public hearing, that if the development were to proceed, natural or man-
made hazards would pose a serious threat to the public health, safety and welfare;
c) To the extent that the landowner is compensated for costs and expenses other than loss of
property value;
d) Upon findings, after a public hearing, that the applicant or his/her representative(s) intentionally
supplied inaccurate or misleading information which led to the approval of the project; or
e) Upon findings, after a public hearing, that a change in a State or Federal law or regulation
precludes development of the project as approved.
Vesting of rights does not preclude the application of overlay zoning districts which impose additional
regulations, provided that the regulations are applicable to all property subject to this Ordinance, and the
allowable type and intensity of use is not affected.
The vested right terminates at the end of the approved vesting period for buildings and uses for which
building permits have not been issued. Building permits do not expire during the approved vesting period.
Veterinary Clinic
A facility staffed by at least one licensed veterinarian for the care and treatment of large and/or small
animals not involving overnight care. Such facilities rnay include ciroominn and short-term boardinry
as incidental uses 327
Veterinary G4inin f mobile...
and
0
treatment of animals in noed of merlinal or S irninal attention
Veterinary Hospital
A facility staffed by at least one licensed veterinarian for the specialized treatment of large and/or small
animals, which may involve overnight care. said #,,.ili#ies may provide emernenGy medical Sp-wines
during and outsmdp nf nn-rrnall bhusmness hours. Overninht rare may be pro-vid-e-d- vrhp-n it is-
necessary for the medical treatment rat the �ni l 3
m� 29
327 Modification of existing definition. Red Bold S+•kethfG gh Underlined text being eliminated as unnecessary.
Such activities are considered customary accessory uses to a vet clinic and do not need to be singled out in the
definition.
328 Use was eliminated as part of this amendment process.
329 Modification of existing definition. Red Bold 44ke„Underlined text being eliminated as unnecessary.
Orange County, North Carolina-Unified Development Ordinance Page 10-68
Article 10: Definitions 283
Section 10.1: Definitions
A water supply system that serves a city or town located partly or entirely within Orange County that has a
population in excess of 2,500.
Water Supply Watershed (or Protected Watershed)
Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or
stream intakes which have been designated for protection. All such lands have been classified by the
Environmental Management Commission as WS-11, WS-III or WS-IV watersheds and require protection in
accordance with the State Mandate. (See definition for"State Mandate").
Water Supply Watershed Critical Area, County Designated
The land area within one-half mile of the normal pool elevation (or designated elevation) of an existing
Class II water supply reservoir, or the ridgeline of the watershed, whichever is less; and the land area
within one-half mile of the normal pool elevation (or designated elevation) of a proposed water supply
reservoir designated for protection, or the ridgeline of the watershed, whichever is less; and the area
within one-half mile of streams flowing into Class I reservoirs, as designated for protection within this
Ordinance.
Water Supply Watershed Critical Area, State Required
The land area within one-half mile of the normal pool elevation of water supply reservoirs in which an
intake is located (i.e., Class I reservoirs), or the ridgeline of the watershed, whichever is less.
Wetlands
Those areas that are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t) and COE
Regulations at 33 CFR Section 328.3(b), as of July 2nd, 2002)
Wholesale Trade
A land use involved, without transformation or alteration of the product, with the sale of merchandise to
clientele in bulk.6
Windows, Primary
Principal windows in habitable rooms except bedrooms and kitchens.
Windows, Secondary
Windows of habitable rooms other than primary windows.
Windows, Tertiary
Windows other than for habitable rooms.
Winery, production only
A facility utilized for making wines for wholesale or retail sale and consumption off the premises. Shall be
considered a bona fide farming use if located on a farm and using primarily crops produced on-site.
Winery with Minor Events
A facility utilized for making wines for consumption on- or off-site with limited hours for tours of the facility
and tastings of the products produced on-site, and small periodic events that are expected to attract fewer
than 150 people to the site. Food services may be permitted under the conditional zoning or special use
permit approval.
Winery with Major Events
330 New definition clarifying what the County considered Wholesale trade.
Orange County, North Carolina—Unified Development Ordinance Page 10-70