HomeMy WebLinkAboutPlanning Board agenda 030619 ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
NOTE MEETING LOCATION!!
WEST CAMPUS OFFICE BUILDING
PLANNING DEPARTMENT CONFERENCE ROOM
131 W. MARGARET LANE, 2ND FLOOR
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, March 6, 2019
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. INFORMATIONAL ITEMS
a. Recognition of Members Rotating Off the Board this Month
3 -4 b. Planning Calendar for March and April
3. APPROVAL OF MINUTES
5 February 6, 2019 Regular Meeting
6 - 9 February 6, 2019 Ordinance Review Committee Notes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
Page( Agenda Item
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
6. CHAIR COMMENTS
7. 11 — 212 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS -
REORGANIZATION OF TABLES OF PERMITTED USES -To make a
recommendation to the BOCC on proposed amendments to the UDO
that would reorganize the Tables of Permitted Uses in response to the
Byrd v. Franklin County judicial decision and modify other sections to
ensure consistency within the ordinance. These amendments are
scheduled for BOCC public hearing on April 2, 2019.
Presenter: Michael Harvey, Current Planning Supervisor
8. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE
MAIL FOR PERDITA HOLTZ(919-245-2578).
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
Notes:
*Planning Board Member Attendance Required or
Encouraged
WCOB=West Campus Office Building(131 W.
Margaret Lane, Hillsborough)
3 4 5 6 7 8 9
Planning Board Regular BOCC
Meeting Meeting
7:00 pm* 7:00 pm
WCOB 204 Whitted
Building
10 11 12 13 14 15 16
Legislative BOCC Work
Breakfast Session 7:00
8:30am @ pm Southern
Solid Waste Human
Services
17 18 19 20 21 22 23
Regular BOCC OUTBoard Joint
Meeting meeting @ BOCC/Town Of
7:00 pm 6:30 pm Chapel Hill
Southern WCOB 204 @7:00 pm
Human Southern
Services Human
Services
24 25 26 27 28 29 30
31
4
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
Regular BOCC Planning Board BOCC
Meeting 7:00 pm* Work Session
7:00 pm Whitted 7:00 pm
Whitted Building Whitted
Building Building
7 8 9 10 11 12 13
BOCC Budget
Work Session
7:00 pm
Whitted
Building
14 15 16 17 18 19 20
Regular BOCC OUTBoard Holiday/Offices
Meeting 6:30 pm Closed
7:00 pm Whitted
Southern Building
Human
Services
Center
21 22 23 24 25 26 27
BOCC
Work Session
7:00 pm
Whitted
Building
28 29 30
Notes:
*Planning Board Member Attendance Required
WCOB=West Campus Office Building(131 W.
Margaret Lane, Hillsborough)
5
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 FEBRUARY 6,2019
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Kim Piracci, At-Large;
8 Adam Beeman, Cedar Grove Township Representative; Hunter Spitzer,At-Large; David Blankfard, Hillsborough
9 Township Representative; Carrie Fletcher, Bingham Township Representative; Laura Nicholson, Eno Township
10 Representative;
11
12 MEMBERS ABSENT: Alexander Gregory(Vice-Chair), Chapel Hill Township Representative; Buddy Hartley, Little River
13 Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill
14 Township; Randy Marshall, Bingham Township Representative;
15
16 STAFF PRESENT: Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor;
17 Tina Love,Administrative Assistant III
18
19
20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
21 Chair Lydia Wegman called the meeting to order
22
23
24 AGENDA ITEM 2: INFORMATIONAL ITEMS
25 a. Planning Calendar for February and March 2019
26
27
28 AGENDA ITEM 3: APPROVAL OF MINUTES
29 January 2, 2019 Training Notes
30 January 2, 2019 Regular Meeting
31 January 2, 2019 Ordinance Review Committee Notes
32
33 MOTION by Laura Nicholson to approve the January 2, 2019 Regular Meeting Minutes and the January 2, 2019
34 Ordinance Review Committee Notes. Seconded by Hunter Spitzer.
35 VOTE: Unanimous
36
37
38 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA
39
40
41 AGENDA ITEM 5: PUBLIC CHARGE
42 Chair Lydia Wegman waived the reading of the Public Charge
43
44
45 AGENDA ITEM 6: CHAIR COMMENTS
46 No Comments
47
48
49 AGENDA ITEM 7: ADJOURNMENT
5o The meeting was adjourned by consensus
51
52
53
54 Lydia N. Wegman, Chair
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1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 FEBRUARY 6,2019
4 ORDINANCE REVIEW COMMITTEE
5
6 NOTE: A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS.
7
8 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative; Kim Piracci,At-Large;
9 Adam Beeman, Cedar Grove Township Representative; Hunter Spitzer,At-Large; David Blankfard, Hillsborough
10 Township Representative; Carrie Fletcher, Bingham Township Representative; Laura Nicholson, Eno Township
11 Representative;
12
13 STAFF PRESENT: Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor;
14 Tina Love,Administrative Assistant III
15
16 AGENDA ITEM 1: Call to Order and Roll Call
17 Planning Board Chair Lydia Wegman called the meeting to order
18
19 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—REORGANIZATION OF TABLES OF
20 PERMITTED USES-To continue a review and discussion of proposed amendments to the LIDO that would reorganize
21 the Tables of Permitted Uses in response to Byrd v. Franklin County judicial decision and modify other sections to
22 ensure consistency within the ordinance. These amendments are scheduled for Planning Board recommendation on
23 March 6, 2019 and for BOCC public hearing on April 2, 2019.
24
25 PRESENTER: Michael Harvey, Current Planning Supervisor
26
27 Michael Harvey reviewed the proposed amendments to the UDO and provided background information.
28
29 Hunter Spitzer inquired as to the definition of a wedding venue.
30
31 Michael Harvey explained that there is a land use category called Camp/Retreat Center which is defined as a social
32 gathering spot for social activities to occur.
33
34 Lydia Wegman asked whether it was the Board of Adjustment who acts on the requests.
35
36 Michael Harvey replied, yes, and informed her that it is essentially a variance request.
37
38 Lydia Wegman asked for assurance that it was not a Special Use Permit.
39
40 Michael Harvey replied, no, and added that the BOA had the sole discretion and authority over variances.
41
42 David Blankfard asked whether this made it easier to get a variance.
43
44 Michael Harvey said only if it's for a reasonable accommodation.
45
46 Hunter Spitzer referenced the phrase"providers of housing"for handicapped and disabled people in Section B. He
47 found the phrase vague and mentioned that it was not continued throughout the rest of the requirements. He found
48 the wording to sound as though anyone could claim to be provider in order push through a variance.
49
50 Michael Harvey acknowledged that a person could request a variance if they are providing housing for somebody
51 that meets the federal definition of being disabled. Mr. Harvey replied that he would bring Mr. Spitzer's concern to
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52 the attorney's attention,and further explained that the goal of a variance is to address the needs of people with
53 recognized disabilities.
54
55 Hunter Spitzer questioned whether it was for a person involved in the immediate need for the variance.
56
57 Michael Harvey replied, yes.
58
59 Hunter Spitzer asked whether that was spelled out.
60
61 Michael Harvey referred to the section which provided the procedures for making requests.
62
63 Lydia Wegman questioned whether there was an actual definition under federal law for disabled or handicap.
64
65 Michael Harvey replied, yes, and stated it could be found in the Americans with Disabilities Act.
66
67 Kim Piracci asked whether it included temporary handicaps.
68
69 Michael Harvey explained that it was for people with permanent disabilities requiring alterations ensuring that they
70 are not denied fair reasonable and equitable access.
71
72 Lydia Wegman asked for clarification regarding the language and location of Section B's request for reasonable
73 accommodations.
74
75 Michael Harvey advised that he would consult James,the County Attorney, regarding the language.
76
77 Lydia Wegman sought clarification on the term group home and asked if it was perfectly healthy people, going out,
78 working, living together,with up to 15 in a home.
79
80 Michael Harvey responded, yes, and clarified that it needed a Special Use Permit.
81
82 Craig Benedict asked if Mr. Harvey was using the criteria for Class B standards.
83
84 Michael Harvey stated,yes. He mentioned that a notable exception with a group care facility is the requirement of a
85 state license. He explained that both health and personal care facilities, formerly known as rehabilitative care
86 facilities, required 16 or more people but had no state licensing requirement. They are allowed in commercial
87 districts not residential districts.
88
89 Lydia Wegman inquired whether there was a need for a state license.
90
91 Michael Harvey stated, no. He urged the committee to remember that health and personal care facilities include
92 what we classify as assisted living facilities, nursing facilities, and congregate care which must house the required 16
93 or more people.
94
95 Lydia Wegman questioned the possible need for state licensing for other possible reasons.
96
97 Michael Harvey stated she was correct but noted that zoning decisions are not based on the presence, existence, or
98 issuance of that license.
99
100 Hunter Spitzer asked whether a group home was defined as up to 15 people.
101
102 Michael Harvey replied 7-15 people.
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103
104 Carrie Fletcher questioned whether the County regulated how many people can live in a single-family home.
105
106 Michael Harvey remarked that they technically could through the definition of family and contributed that foster
107 children are also counted as family members with no heightened level of permit review.
108
109 Hunter Spitzer asked if a rooming house was the equivalent of a group home with 15 or more people.
110
111 Michael Harvey explained that rooming houses are effectively defined as just rooms for rent without kitchen and
112 cleaning facilities in the rooms.
113
114 Lydia Wegman questioned whether there was anything other than group homes for fewer than 15 people.
115
116 Michael Harvey mentioned that both group home and group care are addressed and explained the need for a license
117 with group care and not a group home.
118
119 Lydia Wegman inquired into the inconsistency of licensing and occupancy standards.
120
121 Michael Harvey informed the committee that to be considered a group care facility by the state, a state license is
122 required because care is being provided.
123
124 Lydia Wegman stated she was confused with health and personal care facilities because they sounded like group
125 care facility, but bigger.
126
127 Michael Harvey conveyed that both health and personal care can house 16 or more without state licensing
128 requirements.
129
130 Lydia Wegman questioned if that was by the state.
131
132 Michael Harvey clarified that zoning would not require a person to demonstrate a license.
133
134 Lydia Wegman questioned the need for licensing from group care and not for health and personal care.
135
136 Michael Harvey mentioned that there are state provisions dealing with what a group care facility is and who can be
137 taken care of in it.
138
139 Craig Benedict mentioned the reasoning behind the specific standards required for applicants under Special Use
140 Permits and explained how the standards assist in monitoring the use of permits.
141
142 Hunter Spitzer wondered if any covered Airbnb.
143
144 Michael Harvey stated that according to the county attorney,yes, and proceeded to guide Mr. Spitzer to the location
145 of both host occupied and weekly house rentals.
146
147 Lydia Wegman questioned if it was only allowed in this category.
148
149 Michael Harvey stated,yes, and commented they were allowed in non-residential zoning districts. He informed the
150 committee that there was nothing in the ordinance preventing someone from renting out their house to college
151 students, but that the ordinance did prevent someone from renting out their house on a weekly basis, as a hotel, due
152 to it being in a residential zoning district.
153
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1S4 Lydia Wegman asked whether that was what an Airbnb was.
1S5
156 Michael Harvey responded, yes. He reiterated that airports, general aviation, heliports,and short-take-off landing
157 fields are currently permitted only through Class A SUPs in the rural buffer,the AR, the R1 zoning districts as well as
1S8 the industrial districts, but noted it was being eliminated from the residential districts.
159
160 Hunter Spitzer asked whether it was being removed.
161
162 Michael Harvey replied, yes.
163
164 Lydia Wegman questioned whether the permitted uses were listed anywhere.
165
166 Michael Harvey replied, no. He mentioned that the permitted uses listed were a matter of right and stated that their
167 absence from the table was due to them being acceptable everywhere.
168
169 Lydia Wegman asked whether they would remain in 5.1 and 5.2.
170
171 Michael Harvey responded, yes.
172
173 Craig Benedict explained that anything not listed in the table of permitted uses is permitted by right.
174
175 Michael Harvey advised the Board that they would receive a packet at the next regular meeting explaining everything
176 up for decision.
177
178 The ORC concluded its meeting
179
Q
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ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 6, 2019
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance (UDO) Table of Permitted Uses
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Project Fact Sheet and Frequently Michael D. Harvey, Planner III (919) 245-2597
Asked Questions Craig Benedict, Director (919) 245-2575
2. Statement of Consistency
3. UDO Text Amendment(s) (2/25/2019
MDH — Legal Review is still on-going
and should be done today/tomorrow
based on James' email)
PURPOSE: To review and make a recommendation to the Board of County Commissioners (BOCC) on
Planning Director initiated Unified Development Ordinance (UDO) text amendments to the tables of
permitted land uses.
Specifically, the amendment collapses existing tables of permitted uses as contained in Section(s) 5.2.1
(general use zoning districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning
districts) into a centralized table.
BACKGROUND: As the Board is aware, this project was initiated to address the findings of the State
Supreme Court in Byrd versus Franklin County related to the delineation of prohibited land uses. The court,
in rendering its decision, placed the onus on local governments to `spell out' what land uses were allowable
and prohibited within their respective jurisdictions. A copy of the Court's ruling in the Franklin County case
can be viewed at: https://www.nccourts.gov/documents/appellate-court-opinions/bVrd-et-al-v-fanklin-county.
Work on the project began in the spring of 2017 with staff focusing on collapsing the existing tables and
creating an `exhaustive list' of land uses. This was to address concerns from the Planning Director, Director
of Economic Development, and several BOCC members over ensuring developers were able to `verify' a
proposed land use permitted within the County.
In August of 2017 the BOCC held a work session with Planning staff and the County's Attorney office to
review the status of this project and provided the following direction:
1. Abandon the concept of an exhaustive list of allowable land uses;
2. Collapse, where feasible, similar land uses into single categories;
3. Review existing definitions to eliminate the reliance on `example land uses' with respect to
outlining what constitutes a permitted land use within that category; and
4. Consolidate and eliminate, where feasible, duplicative references to regulations within the UDO.
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The Planning Board Ordinance Review Committee (ORC) has reviewed this item at several ORC meetings
beginning in January of 2017. Agenda materials from these various meetings can be viewed at:
http://www.orangecountync.gov/departments/planning and inspections/orange county planning board (p
b).php#.
Staff has finalized an amendment package (Attachment 3) that:
a. Collapses existing tables as contained in Section(s) 5.2.1 (general use zoning districts), 5.2.2
(EDD general use zoning districts), and 5.2.3 (Conditional Zoning districts) into a centralized
permitted use table.
b. Collapses similar land uses into single land use categories.
c. Modifies Article 10 Definitions of the UDO to incorporate new and/or revised definitions of
various land uses consistent with the proposed new table.
d. Incorporates modifications to the Economic Development Hillsborough (EDH) districts as
discussed by the BOCC late in 2016.
e. Includes processes allowing for `reasonable accommodations' as requested by the County
Attorney's office.
Attachment 3 contains the UDO text amendment package. Attachment 1 contains a summary of the project
including frequently asked questions concerning the impacts of this amendment package.
These amendments are expected to be on the BOCC's public hearing agenda on April 2, 2019.
Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `... cause an
analysis to be made of the application and, based upon that analysis, prepare a recommendation for
consideration by the Planning Board and the Board of County Commissioners'.
The amendments are necessary to address the legal sufficiency of the UDO with respect to the findings of
Byrd versus Franklin by spelling out allowable and prohibited land uses. Staff is eliminating the
unnecessarily repetitive, and often confusing, delineation of allowable land uses by creating a central table
of permitted uses and has combined similar land uses into single categories to ensure uniformity with
respect to application of development criteria and permitting.
Planning Director Recommendation: The Planning Director recommends approval of the Statement of
Consistency, as contained in Attachment 2, and the UDO Text Amendment, as contained within Attachment
3.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement for the text amendment will be paid
from FY2018-19 Departmental funds budgeted for this purpose. Existing Planning staff included in the
Departmental staffing budget will accomplish the work required to process these amendments.
RECOMMENDATION(S): The Planning Director recommends the Planning Board:
1. Review the proposed amendments to the UDO,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director's recommendation(s), and
4. Make a recommendation to the BOCC on:
a. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment 2), and
b. Proposed UDO Text Amendment(s) (Attachment 3).
in time for the April 2, 2019 Public Hearing.
Attachment 1 13
SUMMARY OF TABLE OF PERMITTED USE PROJECT FACTS
AND QUESTIONS ASKED:
1. What exactly is going on?
Staff is proposing to collapse three existing tables within the Unified Development
Ordinance (UDO) outlining the various permitted land uses allowed in various zoning
districts into a central table.
Specifically, staff is recommending combining the existing tables in Section(s):
• 5.2.1 (general use zoning districts),
• 5.2.2 (EDD general use zoning districts), and
• 5.2.3 (Conditional Zoning districts)
and into a centralized table listing out permitted and prohibited land uses.
2. Why was this project initiated?
When a development proposal is submitted, staff ascertains if the use is either
specifically listed (i.e. single-family residence, church, restaurant, etc.) or falls into an
established land use category (i.e. paper manufacture allowed in light industrial) in
order to make the determination if the use is permitted or not. If the use is permitted,
the applicant is required to submit required development applications for processing.
If the use is deemed not permitted, the applicant is informed of same.
Recent court decisions, most notably action by the State Supreme Court in Byrd
versus Franklin County, placed the responsibility on local governments `spell out'
allowable and prohibited land uses so individuals could make a reasonable
determination on what would and would not be allowed in a given zoning district. As
part of its ruling on this case, the State Supreme Court rejected the argument that the
mere omission/listing of a particular land use within a table of permitted uses
constituted a prohibition of same. The Court stated: `.... law favors uninhibited free
use of private property over government restrictions'.
In consultation with the County Attorney's office, staff has determined the permitted
use table(s) need to be modified to ensure compliance with the aforementioned court
case clarifying allowable/prohibited land uses and ensuring uniformity with the
delineation of `permitted' and `prohibited' land uses.
After a review of the matter, the Board of County Commissioners (BOCC) directed
staff to consolidate the three tables into a central list and provide sufficient detail on
what was and was not permitted for development in Orange County.
3. Why does the County have three separate tables outlining allowable land uses in
the first place?
Before 2011, the year the UDO was adopted, land use regulations were contained in
multiple documents.
For example, development within the various Economic Development (EDD) general
use zoning districts (i.e. Buckhorn, Hillsborough, Eno) was completed in accordance
with the Economic Development District Design Manual. This Manual contained a
separate, independent, list of allowable and prohibited uses for the various EDD
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zoning districts. Specific terminology was utilized is listing/denoting allowable uses.
This language differed from other general use zoning districts throughout the County.
When land use development regulations were combined into the UDO in 2011,
separate tables identifying allowable land uses had to be created due to the scope of
work to which staff was limited.
At that time, staff indicated there would be to be further review of the various tables to
address conflicts with the ultimate goal of creating a centralized table listing out
permitted and prohibited land uses.
This project is the result of this previously identified need made timely by the State
Supreme Court action in Byrd.
4. What are the anticipated or perceived benefits of this project?
Right now, references to permitted and prohibited land uses within the three existing
tables are handled differently.
For example:
• Section 5.2.1 Table of Permitted Uses— General Use Zoning Districts combines
several `Manufacturing, Assembly, and Processing' land use types into 1 of 3
'industrial' categories (i.e. light, medium, and heavy), namely:
➢ Light Industrial (1-1) defined as: Manufacturing & processing operations
that occur entirely indoors and have limited impacts on surrounding
properties, including, but not limited to, production of the following: food
products (i.e. commercial bakery, candy, and beverages, including
bottling); surgical, medical and dental instruments; wood cabinets,
furniture and upholstery, light machinery, including household
appliances; toys, sporting and athletic equipment, excluding firearms and
ammunition; and, paper products, such as bags, containers, and
cardboard.
➢ Medium Industrial (1-2) defined as: Manufacturing & processing
operations that may occur indoors or outdoors and have limited impacts
beyond the boundaries of the zoning district, including, but not limited to,
the following: heavy household, commercial and industrial appliances;
manufactured homes, recreational vehicles and related components;
automotive, farm and construction machinery, and, commercial building
components.
➢ Heavy Industrial (1-3) defined as: Manufacturing & processing operations
with a greater potential to impact surrounding properties, where a
majority or large component of the operation may occur in the open air.
Such uses may include, but not be limited to, the following: asphalt
mixing plants; cement manufacturing or processing; commercial food
processing (packing and rendering) plants, including meat, poultry and
fish; and, concrete mixing plants.
Staff is responsible for determining where a proposed use is permitted based
on the existing definition(s) of each district as identified herein.
• Section 5.2.2 Table of Permitted Uses — Economic Development Districts
specifically lists out `Manufacturing, Assembly, and Processing' land uses,
identifying which EDD district a proposed use is allowed to be developed.
15
It is this inconsistency in how allowable land uses are listed/categorized that
represents an issue to be addressed to ensure compliance with Byrd. Further, this
inconsistent listing of permitted and prohibited uses has created confusion for both
staff and the development community with respect to `where a given use can be
located'.
The `perceived benefit' is to ensure transparency in land use decisions and eliminate
confusion by having a single, central, table of permitted land uses outlining what is and
is not permitted for development within the County.
5. How does the amendment to the tables of permitted uses impact development of
land uses within master planned districts (MPD) such as Harts Mill and Settlers
Point?
There will be no impact. As part of the review of any Master Plan Development
Conditional Zoning (MPD-CZ) project, applicants are required to provide a
comprehensive list of anticipated land uses for County review and action.
If these projects are approved by the BOCC, they are limited to those land uses
proposed by the applicant.
If a developer wishes to revise the allowed uses within an MPD-CZ project, he or she
will be required to request an amendment to the project.
This means an entirely new public hearing process, as detailed within the UDO,
requiring:
• A neighborhood meeting to review the changes,
• Planning Board review/recommendation, and
• A public hearing held by the BOCC
all advertised consistent with the requirements of the UDO.
6. Will additional work be necessary?
Yes. The UDO is a living, breathing document designed to change overtime as
development opportunities/constraints/philosophies change.
Staff has completed what is considered to be a `necessary step' to:
➢ Consolidate existing regulations,
➢ Eliminate unnecessary repetition,
➢ Reduce, to the greatest extent possible, conflicts with respect to the listing of
permitted and prohibited land uses, and
➢ Develop a new format for the listing of permitted and prohibited land uses.
Through this consolidation effort, and creation of the new format, additional efforts will
be taken to analyze and refine permitted and prohibited of land uses throughout the
County.
7. Does this project create new zoning districts?
No. This project does not create new zoning districts.
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This project does, however, create an environment where existing districts can be re-
evaluated to ascertain if further consolidation is possible.
For example, there are currently 9 EDD zoning districts throughout the County. There
has been interest in exploring the possibility of having fewer districts that would be
applicable to all EDDs.
By establishing this new methodology for listing permitted and prohibited uses, there is
opportunity to consolidate these districts thus helping to further streamline existing
processes and helping to eliminate confusion for local residents/property owners with
respect to what is permitted for development on their property.
8. Will this project modify or change development regulations?
This project will not impact existing development standards/criteria.
Setbacks, density limits, impervious surface requirements, stream buffer standards,
floodplain development standards, etc. are not impacted by the consolidation of the
three existing tables into a central table.
9. What about review processes for various land uses. Will this project impact
established review processes?
There will be no major impact to development review processes for various land uses.
Land uses permitted by right (i.e. staff review and action on a development
application), through special use permit (i.e. review by the Board of Adjustment as a
Class B or by the BOCC as a Class A), etc. are remaining the same.
A single-family residence, for example, is still permitted by right in the various general
use residential zoning districts, subject to staff review and approval. A use requiring a
special use permit, such as an airport, is still required to go through that process.
10.Does this proposal alter allowable land uses within various districts?
Yes. In many non-residential zoning districts, additional land uses are going to be
permitted consistent with the previously defined nature and intent of the district.
For example, staff has expanded allowable land uses within the Economic
Development Hillsborough Office/Retail (EDH-4) and the Economic Development
Hillsborough Research and Manufacturing (EDH-5) general use zoning districts
consistent with direction from the BOCC received in the fall of 2016.
These districts have the following purpose/intent:
• EDH-4: provide locations for high intensity office uses and supporting retail and
service uses in the designated Hillsborough Economic Development District.
• EDH-5: provide locations for a wide range of research, assembling, fabricating
and light manufacturing activities, and such ancillary industrial activities as
warehousing and distribution in the designated Hillsborough Economic
Development District.
Additional land uses were added consistent with defined `purpose' of each district.
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11.1 am concerned about the location of an asphalt plant in Orange County. How
will they be treated if the new table is adopted?
Under current regulations, an asphalt plant could be located within the Heavy
Industrial (1-3) general use zoning district.
Under the proposed amendment, an asphalt plant would be considered part of the
proposed Petroleum and Coal Product Processing, Preparation and Distribution land
use category.
As currently recommended by staff, this land use would not be permitted within any
general use zoning district. The activity would be considered a prohibited land use.
Please note there are allowances for concrete/asphalt plants to be located within
public rights-of-way associated with a State or Federal highway development/widening
project.
12.How are lodging units/motels handled under the current ordinance?
Under the Current UDO, these land uses are addressed as follows:
a. Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court defined as: A building
or group of attached or detached buildings containing, in combination, ten or
more lodging units, or ten or more dwelling units intended primarily for rental or
lease to transients by the day or week, as distinguished from multi-family
dwellings, rooming houses and residential hotels in which rentals and leases
are for weekly or longer periods and occupants are generally residents rather
than transients.
These activities are permitted within the following general use zoning districts
subject to the review and approval of a site plan (i.e. administrative review and
approval by staff):
• Community Commercial (CC-3),
• General Commercial (GC-4),
• Office Research and Manufacturing (O/RM),
• Economic Development Buckhorn Low Intensity (EDB-1),
• Economic Development Eno Low Intensity (EDE-1),
• Economic Development Eno High Intensity (EDE-2),
• Economic Development Hillsborough Linear Office (EDH-1),
• Economic Development Hillsborough Limited Office (EDH-2), and
• Economic Development Hillsborough Office (EDH-3).
The use is permitted within the Economic Development Buckhorn High Intensity
(EDB-2) subject to the issuance of a Conditional Use Permit (i.e. approval of a
rezoning petition and a Class A Special Use permit).
b. Hotel, Residential defined as: A building or group of attached or detached
buildings containing, in combination, ten or more lodging units available for
occupancy only for periods of thirty days or longer, provided, however, that
temporary lodging units for guests of regular tenants may be provided in any
18
residential hotel, with number of such units limited to 10% of the number of
tenant lodging units.
These activities are permitted within the following general use zoning districts
subject to the review and approval of a Class A Special Use Permit (i.e. acted
upon by the BOCC):
• High Intensity Residential (R-5, R-8, and R-13),
• Community Commercial (CC-3),
• General Commercial (GC-4),
c. Rooming House defined as: A building or group of attached or detached
buildings containing, in combination, from three to nine lodging units for
occupancy for weekly or longer periods, with or without board, for residents, as
distinguished from hotels and tourist homes in which rentals are generally for
daily or weekly periods and occupancy is by transients.
These activities are permitted within the following general use zoning districts
subject to the review and approval of a site plan (i.e. administrative review and
approval by staff):
• Medium Intensity Residential (R-4),
• High Intensity Residential (R-5, R-8, and R-13).
d. Rural Guest Establishment defined as: 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 requirements, Bed and Breakfast,
Bed and Breakfast Inn, and Country Inn, which are further defined below.
A. Bed and Breakfast: A private, owner-occupied dwelling in which the
frequency and volume of paying guests is incidental to the primary
use of the building as a private residence. One to three guestrooms
are made available to transient visitors. The establishment shall not
contain restaurant facilities, but may provide food service for transient
guests only. (Zoning Permit)
B. Bed and Breakfast Inn: A business operated in a structure which is
used primarily for providing overnight accommodations to the public,
even though the owner or manager lives on the premises. The
number of guestrooms may range from four to no more than eight.
The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
C. Country Inn: A business, which offers accommodations and dining in
a predominately rural area. Overnight accommodations are available,
and a full-service restaurant provides breakfast, lunch and dinner to
guests and the general public. The number of guestrooms may range
from four to no more than 24. The restaurant shall contain no more
than 60 seats. (Class A SUP)
These activities are permitted as follows:
• Bed and Breakfast: Permitted within the Rural Buffer (RB), Agricultural
Residential (AR), Rural Residential (R-1) general use zoning district
19
subject to site plan submittal and approval (i.e. administrative review and
approval by staff).
• Bed and Breakfast Inn: Permitted within the Agricultural Residential (AR)
and Rural Residential (R-1) general use zoning district subject to the
issuance of a Class B Special Use Permit (i.e. acted upon by the Board
of Adjustment).
• Country Inn: Permitted within the Agricultural Residential (AR) and Rural
Residential (R-1) general use zoning district subject to the issuance of a
Class A Special Use Permit (i.e. acted upon by the Board of County
Commissioners).
e. Tourist Home defined as: A building or group of attached or detached buildings
containing, in combination, three to nine lodging units for occupancy for daily or
weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is
primarily by residents rather than transients.
These activities are permitted within the following general use zoning districts
subject to the review and approval of a site plan (i.e. administrative review and
approval by staff):
• Medium Intensity Residential (R-4),
• High Intensity Residential (R-5, R-8, and R-13).
13. Will these land uses be changed as part of the new table of permitted uses?
Yes. Staff is proposing to combine these activities into a new land use category,
specifically `Short Term Rental' defined as follows:
Temporary lodging facility composed of a building or group of attached or
detached buildings composed of units intended primarily for rental or lease to
transients.
A. Short Term Rental Small — A dwelling occupied by a host which
provides up to three guestrooms for overnight rental or lease.
B. Short Term Rental Large — Host Occupied: A dwelling occupied by
a host which provides more than three guestrooms for overnight
rental or lease.
C. Short Term Rental — Non-host Occupied: A dwelling which
provides guestrooms for overnight rental or lease but is not
occupied by a host.
20
The following table helps to illustrate the transition:
Short Term Rental — Short Term Rental — Short Term Rental —
Small (1-3 bedrooms) Large (more than 3 Non-host occupied
bedrooms
Bed and X
Breakfast (RB, AR, and R-1)
Reviewed and
approved by staff(i.e.
administrative
review)
Bed and X
Breakfast Inn (AR and R-1)
Reviewed through the
Class B Special Use
Permit process.
Country Inn X
(AR and R-1)
Reviewed through the
Class A Special Use
Permit process
Hotel/Motel, etc. X
(CC-3, CG-4, O/RM,
EDB-2, EDE-2, EDH
1 through 5,
MPD-CZ)
Typically reviewed
and approved by staff
(i.e. administrative
review
The proposed amendments contain development standards governing the
development of Short Term Rental — Small and Short Term Rental — Large within
general residential zoning districts.
Please note these changes are not intended to address the rental of a house for
single-family residential purposes. Additional information on this concern is addressed
below.
In addition to the changes outlined above, staff is also recommending:
• Short Term Rental— Non-host occupied:
o Should not be permitted within the EDB-1 and EDE-1 general use zoning
districts given the overall intent and purpose of the district;
o Be permitted by right within the EDB-2 general use zoning district rather
than through the Conditional Use permitting process as currently
required;
o Be permitted by right within the EDH-4 and EDH-5 general use zoning
districts consistent with direction received from the BOCC in 2016.
Currently the use is not permitted within either of the districts.
21
The existing Tourist Home land use category is being eliminated as part of this
process.
The existing Rooming House land use category shall continue to be permitted under
the `Residential Land Use' category in the same general use zoning districts as
detailed herein.
14.Is the rental of a house impacted by the proposed amendments?
The rental of a house for use as a single-family residence is not impacted by these
proposed amendments.
15.What about rental of a house for use as an Airbnb?
The rental of a house for short term purposes is a concern staff and BOCC members
have previously heard from local residents.
Unfortunately, there are concerns over what authority Orange County has to regulate
this activity, which can be summarized as follows:
• Regulations controlling the duration of a private lease, or the nature of
occupancy of a private residence, go beyond regulating a property's use. Such
regulations could be construed as restraining the manner in which the property
is owned, which is prohibited by North Carolina case law.
• It is unlawful to regulate residential rental property by implementing permitting
programs or by requiring homeowners to pay a special fee.
• There is a State law, specifically the North Carolina Vacation Rental Act,
appearing to preempt local regulation of vacation rental agreements in
residential properties. The Act defines "vacation rental" as being the "[t]he rental
of residential property for vacation, leisure, or recreation purposes for fewer
than 90 days . . .."
From a regulatory standpoint, the proposed Ordinance amendment package attempts
to address this issue as follows:
a. Short Term Rental— Non-host Occupied is defined as follows: A dwelling which
provides guestrooms for overnight rental or lease but is not occupied by a host;
b. The land use is not permitted for development within residential zoning districts;
c. If a residence is rented as part of a transient lease (i.e. nightly/weekly), without
the owner being present on the property, we have a violation of local land use
regulations through the created of an unpermitted land use.
As currently recommended by staff, this activity would not be permitted within
residential general use zoning districts and would only be permitted in identified non-
residential general use zoning districts.
16.How are airports being handled?
An airport is currently permitted within the Rural Buffer (RB), Agricultural Residential
(AR) and Rural Residential (R-1) general use zoning districts subject to the issuance
of a Class A Special Use Permit.
As part of these proposed amendments, staff is recommending:
22
• The use is eliminated as a permitted use of property within the RB, AR, and R-1
general use zoning districts.
• Airports be allowed within the industrial general use zoning districts (i.e. 1-1, 1-2,
and 1-3) subject to the issuance of a Class A Special Use Permit.
Staff is also recommending further study of the existing development standards and
permitting requirements associated with airports.
17.1 am confused about the term `assembly'. How is this new land use category
going to be used?
The `Assembly' land use category is defined as follows:
A land use providing space, indoors or outdoors, allowing for the
congregation of persons for the purpose of observing, listening, or
engaging in a service, performance, or activity. Wedding venues shall
not be considered an Assembly Use. Please refer to Retreat Center.
This land use category is intended to allow for a church, community center, club, or
lodge, etc. all of which are currently permitted within various residential general use
zoning districts.
Staff is also proposing specific regulations governing the development of such land
uses in the new Section 5.18 of the UDO.
18.Does this mean development opportunities for wedding venues or other similar
activities are being expanded?
No. The proposed definition specifically excludes `wedding venues' from being
considered an `Assembly' land use as detailed within the definition.
19.Why is the term `assembly' being used and won't that cause confusion with the
proposed `Manufacturing, Assembly, Processing' land use category?
Staff is recommending the use of the term `assembly' because that is the best term to
describe/summarize the land use category: a gathering or a group of people for a
specific purpose.
Staff does not anticipate any conflicts or confusion based on recommended definitions
and the context of word usage within the UDO.
23
Attachment 2
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance (UDO)
consolidating three separate tables of permitted land uses into a central table.
The Planning Board hereby approves the proposed text amendment and finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North
Carolina General Statutes, the Board finds sufficient documentation within the record
denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 4 - Land development regulations, guidelines, techniques
and/or incentives that promote the integrated achievement of all.
These amendments are consistent with this goal and objective by
eliminating existing redundancy in the listing of
allowable/prohibited land uses.
Further, the amendment combines similar land uses into a single
use category, thereby ensuring consistent application of
development regulations, guidelines, and techniques.
• Land Use Goal 6 — A land use planning process that is transparent, fair,
open, efficient, and responsive.
These amendments are consistent with this goal and objective by
creating a centralized list of permitted and prohibited land uses,
thereby ensuring transparency in the development review process
and allowing staff to be more responsive to development inquiries.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by establishing a centralized table of permitted uses
outlining what is permitted and prohibited within the County.
The amendments bring the current UDO into consistency with the
delineation of permitted and prohibited land uses as outlined within the
State Supreme Court in Byrd versus Franklin.
2. Ensures legal sufficiency by eliminating conflicting terminology and references to
permitted and prohibited land uses.
These amendments ensure uniformity by eliminating three separate
tables of permitted land uses, each describing/listing uses in different
terms/formats, in favor of the creation of a centralized table.
The Planning Board hereby adopts this Statement of Approval and Consistency as well as the
findings expressed herein.
Lydia Wegman, Chair Date
24
Attachment 3
UDO AMENDMENT PACKET NOTES:
The following packet details staff s proposed modifications to the Unified Development
Ordinance collapsing existing tables of permitted uses as contained in Section(s)
➢ 5.2.1 (general use zoning districts),
➢ 5.2.2 (EDD general use zoning districts), and
➢ 5.2.3 (Conditional Zoning districts)
into a centralized table. The amendment package also contains additional modifications
addressing changes to definitions and land use development standards.
As part of this amendment, package:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red Str-i,eth f,.,,g Text.: Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.oran2ecountync.2ov/departments/plannin2 and inspections/ordinances.php
Article 2: Procedures 25
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
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
1 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.
z 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 2-70
Article 2: Procedures 26
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 2-71
Article 2: Procedures 27
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.
2.23.1 Application Requirements 3
(A) An application for a day care center on a residence for 3 to 12 children shall be filed with
the Planning Director on forms provided by the Planning Department
(B) Application forms shall be prepared so that when completed a full and accurate
rharaoteristios a dl'solosed
(C) An appliGatien shall indude a plot plan that adheres te the requirements of SeGtiens 2.
and F Q 1
rn-rcr'-.r.-�T
2.23.2 4
Upon a determination that the appliGation is Gomplete, the Planning DireGtor shall Gause a review
ef the appliGatien te be made. The review shall determine Of the prepesed day GareGenter on a
review, the a nlioation ,mill he a ied appreved with oonrlitiens r denied
2.23.32.23.10 nditions of AppfGVal5
speGifiG Ghapter requirements er they may address speGifiG impaGtSwhiGh result frem the
o aeration of the day rare venter in a req_I.d_ ne far 2- to 12 oh0Id-Ir n
GGGYpatien, the Genditions may inGlude, but not be limited to the following limitations:
0) Hours of operatiGw,
(2) Location of play area;
(3) Number of yehiooles to b parked d en the--prerrnises-
/A�)The leGationstorage area er parking on the property,
3 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.
4 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.
5 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 2-72
Article 2: Procedures 28
Section 2.24: Governmental Uses
holtlrpn
frern adjeinino n nerties 6
(A) if the app"E;ation is approved, either with or without Gonditions, the Planning DiFeGtor sh
seRd the appliGant a letter informing horn er her A-f the approval and of the require-rne-nts; A-f
this nrdinanne that annl.,to the rla"n3re enter in sidenne fer Q to 17 nhildren
(B) The letter must be signed by the appliGant te indiGate his or her willingness to operate tl4e
and nnnditinns set forth in the letter
(C) EaGh letter shall be kept on file by the PlanniRg DiF8GtGr and shall GORstitute the appr
fnr the darn Bare renter in a residence for 3 to 12 children in o uestinn
if the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
Anneal oeyoew
Each day care center on a residence for 3 to 12 children approved by the Planning Director sh
be reviewed annually by the Planning Director to assure compliance with the standards o
evaluation for such faril'fes 7
2.23.6 fiffinew Changes to Approval
The Planning D4FeGtE)F is authorized to appove ......o. changes in the approved day care cente i
a residence for 3 to 12 cho t the changes are On harmony with the action of the
evaluation a reified in Seotien 5.8.1.
2.2-2-7 Chan es in Operation
nGt GeMply with the standards for evaluation as speGified in SeGtion 5.8.1 shall Genstitute a
mod'fiGation and shall require the approval of a Class B SpeGial Use Permit by the Beard ef
Adjustment Under then of Se.-tien 27 of this (lydinanoe
The appliGant may appeal the deGision of the Planning DireGtOF tE)the BOard Of Ad ustMeRt as set
forth in SeGtien 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.
6 Staff will be eliminating discretionary language for this particular land use..
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 2-73
Article 3: Base Zoning Districts 29
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)8 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.
8 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
30
ARTICLE 5: USES
SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS
Except as otherwise provided herein, regulations governing the use of land and structures are hereby
established as shown in the Table of Permitted Uses.
5.1.1 Prohibited Uses
Uses of land or structures which are 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).
W) 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.
9 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 31
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)10 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,
10 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 32
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 Table"
(A) The Table of Permitted Uses applies the following symbology:
(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.-
(6€) A box with no symbols indicates the use is prohibited-for development within the
identified zoning district.
11 Staff is recommending the addition of a new section defining the symbols,and their meaning, proposed for the
revised Table of Permitted Uses.
Orange County, North Carolina—Unified Development Ordinance Page 5-4
Article 5: uses 33
Section 5.2:Table of Permitted Uses
SECTIONOF
5:2a Table of permitted#U—-General Use 7snea9^Dmstrints
more than one pr no pal e e f locatedf de faFm see eGUG�
AsaicuIruanL-US"
AgriGultural Services uses
I Gw6SwFaqe- r A - - -
r,......un ty Farmers'nn-.uet n
IComposting Operat on,no grinding A
IGBRIP96tiRg OpeFat aR,With gFiRdiRg A
ICooperative FaFM Stand A - - - - -
I te; A
I - - - - -
I F - - - - -
I - - - - -
- - - - - -
- A
Stables-6emmersial B @ B
I
- - - - -
I A
A A A A A A A A A A
Univers t as,roueges a institutes
COMMERGIAL USES
Beauty&Barber shops
Orange County,North Carolina-Unified Development Ordinance Page 5-5
Article 5: Uses 34
Section 5.2:Table of Permitted Uses
Drve in Theaters-
anrdsn Cents
-Message,BUSiReSS Of
Microbrewery with Minor Events A 013 a a0Restaurants:Carry Out
Rate 1,Glass 1
Rate 1,Class 2
Reta
Storage of Goods,0,-tdnor
Storage
TounstHome
B 9 B0B �
� A0 A0AGOVERNMENTAL USES hML A
- as ®®0®®®®® 2t21 ® 1 ®
OrangeOrdinance
Article 5: Uses 35
Section 5.2:Table of Permitted Uses
Governmental Prote Fife
Dap"— ds,Volunteer F re
MANUFAGWRING,.-- -
aR
IndUStF a',Heavy-
REGREAMNAL-USE-6 am
RRtAR GaIGAFdARR - 000®®90000®®®�9®�9®®9
- a a0������������������
000®0®0000909�®��9999
Family GaFe Hems
000
Group - a a a 9 B 8 0�0090�������
OrangeOrdinance
Article 5: Uses 36
Section 5.2:Table of Permitted Uses
- - - - - - - - - - - - - LL����
TELEGOMMUNIGATIONS
, ,-(GVBF 75 feet and4AA0000000000
a a a0a a a a a a a a00Bus Passenger Shelte
������
Temporary Mob is Home(Use dYFiRg
GonstrUGfienhnstallat en of permanent Fesidential unit
QGGWaRW
Motor Freight Term nal&-
-URLMES
Sales
9 a a09 a a 9 a a a 9 0 90aElectr G,Gas,and Liquid Fuel:FFaRSFRdS6i0R Lines B 9 E; 9 B 9 A 9 9 9 B B B a 9 a 9 9 B
Water&Sanitary Se
000®®®00®®®009®0�00®9
A A A0A A A A00 A A A A A A A
WASTE MANAGEMEN.
A A A A A A
OrangeOrdinance
Article 5: Uses 37
Section 5.2:Table of Permitted Uses
Use may not be perm tied as a Cond t onal Use Distr Gt;See SeGt on 5.1.4(E)
Landfills(Less Than 2 B 13 B B B 13 B
Waste MaRageFRBRt Fee lity;HazaFdous&Tax A A A
WSCELLAMEOUS
A rports,General Aviat on,He!ports,S.T.O.L— A A A A A A
Assembly Fee 1 ty GF
Assembly Fac 1 ty Le
Cemetery 9 a 9 a a a a 9
Clubs or Lodges;See al;Fraternal or Union
GWbhGuses
A A A
Kernels,Glass 1
Research Lands& nstafka4�, a4t
Rural HeFitage Museum a a a a a
Rural Sper al Events A
SPOG a'EVORtS(Less4han4b',G)
Orange County,North Carolina—Unified Development Ordinance Page 5-9
Article 5: Uses 38
Section 5.2:Table of Permitted Uses
GFNERA-USE_79PIRIG INS
u Sha7onngC i(e.g )
A6aWu6saRA6USE6
An mal hospqtal/yeterFnar an C# C#
Kernel,Class 1 C#
9 a
C...
€St�ilding-sontraoters _ _
Plumb ng,heat ng,elertr Gal,and s rn lar trade
contractors
F"
nGe carriers
and agents
Real estate agents and
e ,and GeMMOdity I3FGkeF6,and investmepA
- - - -
GGIVERWENTMBEG
StatiOnS,rescue squads,and volunteer f re
Parks,public and non prefit
1NFORMATIGN
51
Ann f
Orange County,North Carolina—Unified Development Ordinance Page 5-10
Article 5: Uses 39
Section 5.2:Table of Permitted Uses
F!eGtFeF;FG Gempenents and assessor"
F+h.'s s(see 1 st ng below)
Cutlery and hand tools
WaFFA ajF;and plumbing fixture
I -----Be" -
dry
MqsGellaneous food preparation;e.g.,
confect onary products,etc.
Eng nes and turbines
General ndustr al maGh nary and
Meta'WOFI(ing mach nery and equipment
Office, ,and aGGount ng
industrial machinery;e.g.,te)dife
instruments(see1 st ng below)
products
Paperboard containers and boxes
Orange County,North Carolina-Unified Development Ordinance Page 5-11
Article 5: Uses 40
Section 5.2:Table of Permitted Uses
Miscellaneous fi.-moture and Wwrag
a s(see 1 st ng below)
- -
Stone,Glass,Clay,and Concrete Products(see
G# G#
Glass and gla
Pottery and related products
bicycles,and padsjewelry and s iverware
- -
e.g.,GGStUrne jewelry,nevelt es,buttons,
va.
- -
REGREATIGN
RESIDENTIAL
Bwelling;-twe-fami4y Dwell -
ng, t family is 12 un ts per acre In th
n., (6+units per acre as pad-of
development square footage)
Dwe"iRg,multi family(6-k-LR#s-j3eF-qGfe) S#
Dwelling,mobile home(For FeplaGemept 9
Orange County,North Carolina-Unified Development Ordinance Page 5-12
Article 5: Uses 41
Section 5.2:Table of Permitted Uses
Temporary Use of a Resident al Mob is Home
RESAIE
C# C# -
Motor veh Gies,new and used,sales and rental G# G# -
N ghtG'ubs,bars,and pubs
(Only as accessory use to hetel,metal a - -
Restaurants(Garry out and general)when IoGated
e ti 'Id n court OF.daze retail store,Restaurants(drive a separate,free stan
Restaurants(carry out and general)n a separate-, G#
C# C#bukling
convenience goods,merchandise,and equ pment, -
454 Non Store retailers)(Only H'Isborough
G#nG'udqng mail order houses, n a separate,free-
_
standingbukkng
Retail trade,sales and rental of durable and
convenience goods,merchandise,and equ pment,
nG'ud ng me 1 order houses,when located n a
sery Ge bu Id ng court or plaza,or enclosed mall
SERV4GE8
it ad
- - -
ArYphotographic studios
_ G#
G#
G# _
Ghu hes
G# G# G# G#
slubheusea
GeRxnuRiEyseRter A A A A
Ba"are-fasility R R - -
Orange County,North Carolina-Unified Development Ordinance Page 5-13
Article 5: Uses 42
Section 5.2:Table of Permitted Uses
IFuneral homes s# C# -
I -
I - - -
- - -
Hetelsand Fnetels - G# - - - -
lRdeer theaters - G# - - - -
I -
I - E# - -
I S - E#13)
- -
- -
I G# -
Other Off Gas and p el e
- - -
I ReGreational faGilities B - -
I s# E# - -
Rese - -
I - E# - -
A A -
Schools-vosatlonal s# s# -
I - -
TR"SPeR=ATION
Bus term nals and garages s#Postal and parrel del v
-
- -
I - - - - -
Surface and structure park ng as pr no pal use
„When
transpertat en goal such as mass trans t er park-
I -
WReEESAEFTRAeE
IWholesale Trade(Sector-42)
Orange County,North Carolina-Unified Development Ordinance Page 5-14
Article 5: uses 43
Section 5.2:Table of Permitted Uses
DwFable Goods(see listing below)
equipment and supp4es,
Lurnhpr end other constr--Pt on materials
Machinery,equipment,and suppl es
Sport ng,reGreat one!,photograph c,and
hobby geods;toys and-supplies
AppaFel and p see goods
- -
AMss G"
a a a a
Elevated water storage tank
(Perm Red as accessory use w thout Spec al Use a a a
A A A A
A A A Astations,and telephone-exGhanges
-
tewefs
a a a a
A A A A
Storage of goods,outdoors
(Accessory only and subjeGtto-sGfeemng)
- - - - -
Orange County,North Carolina—Unified Development Ordinance Page 5-15
Article 5: Uses 44
Section 5.2:Table of Permitted Uses
52.3 Table of PeMitted Uses Conditional Zoning Distrimeft
^:Use shal'not be approved OR PaFGBIS located n the Rural BUffGF'and use class f cation,as des grated by the adopted CornPFeheA6iV9 Plan.
f46RWY6T9RA6LkSES
Agr culture'Services Uses
f:eld�terage-FasiNEy _ _
Composting Operation,
Gooperatve Farm Stand
Wit.
€arrn-supply-�
F
$tables_6gmmgrcjal _ _
GHII n CAREnc
Non Profit G�
Schools: Dance,Art&Mus
Schools: Elementary,Middle-&-Secondary
Schools:Vocational _
CGMMERGKLJJSES
Ranks B rare ens
Beauty&Barber Shops
Construct n(SeGtor 23) _
GontraGteFS
r�euntq-stare
Orange County,North Carolina—Unified Development Ordinance Page 5-16
Article 5: Uses 45
Section 5.2:Table of Permitted Uses
NOTE:Appi oat ons for Cond t onal Zen ng D StF GtS must I St Spec f G 116—fer Gen�derat on./approval
A:Use shall net be approved en parcels IeGated n the Rural Ruffer land use Glass f Gat on,as des grated by the adepted ...r.h.n.v.Plan-.
F'n e P insurance(Sector 52) _
Funeral Homes
Garden Center w th On Premises Sales
Met,-,&Wtela
Kennels,Class 11
Laundry a D ,Clean ng-Servioes
Management of Connip GtG"3)
M tal-��
Offinve P Ppr—nal Cep,,. On--2Real Estate Agents&Brokers
_
rae�vvrar,a-e--omo ri
-Retail,Glass 1
Retail,Class 2
StGFage of Goods,GutdeGF
Studio{art)
Taxidermy -
Theater,indoor or Outdoor(nG!ud ng43nve�
Tourist-Home
Wholesale Trade
Orange County,North Carolina-Unified Development Ordinance Page 5-17
Article 5: uses 46
Section 5.2:Table of Permitted Uses
NOTE:Appi oat ons for Cond t onal Zen ng D StF GtS must I St Spec f G 116—fer Gen�derat on./approval
_A:Use shall net be approved en parcels IeGated n the Rural Ruffer land use Glass f Gat on,as des grated by the adepted Cernpreh
€-xransHVE-UsEs
SsvERNMEkrni UsEs
Squads,Volunteer Fire Departments
Me 1 Order Houses,But ExGlud ng On Premi s Retail Outlets
{Rd6IGtFEal,Medium _
MiGrobrewery,product
-
Sawnalls^
Winery,production-only - -
AAEBI6Ak-�SE6
vat-
kiespltals
v
P.E$ r}A6AkEs
Arts Enterta nment 4 ReGreatiGe/Ce..1e.71\
Botanwal Gardens&Arboretums
-Golf Drying and Practice4Ranges
Guest Ranch
Orange County,North Carolina-Unified Development Ordinance Page 5-18
Article 5: Uses 47
Section 5.2:Table of Permitted Uses
NOTE:Appi oat ons for Cond t onal Zen ng D StF GtS must I St Spec f G 116—fer Gen�derat on./approval
_A:Use shall not be approved en parcels IeGated n the Rural Ruffer land use Glass f Gat on,as des grated by the adepted Cernprehns Plan.
Golf Course - -
Rase Trask(Motor zed,etc.)and Go Kart Tracl��
P.ESIBENTWk-USES
Dwell ng;Mult pie Fan*
o--krems;T�
FamllY-f,are-Nome
8roup-6are-F-acWty
Ternperary Resident al 14* _
TE6E69MMUMGAT*W
-Te!eGE)mmun cation Tower Stealth(75 feet oFshortef)
TEMPAR-RY-USE6
@uldln9s-R-ortable -
Temporary Mobile Home(Use during construct on/nstallat on o
permanent res dent al un t and for 30 days follow ng ssuanGe of
3RA!}SP6RTATIBN
Meter o
afage
Motor Veh de Sales Rental
Destal P PaFGel Deli.• .•Ce..:c
1fi1lii1E6
Elevated Water Storage Tanks
Orange County,North Carolina-Unified Development Ordinance Page 5-19
Article 5: Uses 48
Section 5.2:Table of Permitted Uses
_A:Use shall not be approved en parcels IeGated n the Rural Ruffer land use Glass f Gat on,as des grated by the adept
EleGtr. n
Water&San Wry Sewer Pump ng
3 MGTE-AtVUkGaEMENi
Landf Ils(Less
Waste Management FaGil ty;Hazardous&Toxic
NkSGEL{ANEBUb
Cemetery
Church -
_ _
CeFnmunity-6eater - -
6reFFIRtAFja -
H gtnrin 2 t—Nnn Degidg t P104 wa I lee
-
Research F.Wity _
Research Lands&Installation&,-Non-profit
Rural Her tage Museum
12
12 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 49
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
D• D• r •D
s
AGRICULTURAL USES16
Agricultural Processing Facility -A *-A *-A *-A **A **A
2 Agricultural Processing Facility, *A *A AA *A *A *A
Community A— — — — —
3 Agricultural Services Uses
4. Cold Storage Facility A -A -A -A -0 -A
5. Community Farmers'Market A— -A -A *'A -A -A -A -A -A
6 Composting Operation no A *A
L. Qriadingl -
zo with gF A -
7. Cooperative Farm Stand A— -A *-A -A -A *-A -A -A
8. Equestrian Center A -A
9 Farm Equipment Rental,Sales A A A A *A A
and Service- - - - -
10. Farm Supply Store -A -A !A -A `A !A -A
11. Feed Mill= -A *-A `-A -A -A
13 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.
14 Please note it is staffs intention to seek authorization/guidance on the consolidation of existing zoning districts in preparation for a future UD text amendment.
15 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.
16 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.
17 In reviewing the table with the County's Attorney Office it has been suggested we number individual land uses to provide additional clarity.
1s Staff had originally indicated this land use was subject to additional development standards by using the'A'symbol. Upon further review,it was determined there was no need for additional'use standards'for this activity.The use is permitted by right subject to
the issuance of a simple zoning permit.
19 Refer to Footnote 19 for explanation.
20 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 50
Section 5.2:Table of Permitted Uses
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS 14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt.on 6.2 fl)
TABLE OF PERMITTED USES
2. Greenhouses with On
— Premises Sales-^ - - - -
13. Meat Processing Facility, *A to *A to *A *A *A
Community A- - - - - - -
14. Meat Processing Facility, A *A
Regional
15. Non-Farm Use of Farm *� to to *A
Equipment A- - - - -
16. Stables,Commercial s B B B B B B -A -A
17. Stockyards/Livestock Markets
A
CHILDCARE&EDUCATIONAL FACILITY USESIES21,2x
Center in a Residence for-3-te
A-. o Ch a,n3 *A **A **A **A **A -A **A **A **A **A **A **A
19. GhiId_Care Facilityies B B B B B B B B B -A -A ''-A -A `A **A S`24 B* * _
20. '&anes-Librarv21 t t t t t t
26 A
Schools: Dance, g;
21. M IsisPerformino Arts.Sports.
and Recreation
�—
21 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.
zz 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.
23 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.
N 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.
25 There is no need to refer to a use type in the'plural'sense. Asa result,staff is editing existing language.
26 Staff is recommending the land use be eliminated.To our knowledge we have no such uses inexistence and are unsure what the intent of the use was when created.
27 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.
28 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 51
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS 14 ECONOMIC DEVELOPMENT DISTRICTS
USE TYPE I
01 EDB- rc r r • r r • r •r r
r
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt an 6 2 F9 15
22 Schools: €aemeataq Mfiddle-9, A A A A A A A A A A A A =A30 *A
re a SecendaryPrato
Schools: YesatienalTechnical
23. E 0 0*- A- 4- 4- A- 4
— Trade,and Skill Training - - - - -
Schools:Universities,Colleges
24. g,-Institutes A A ±A ;A x� f� �� � *-A �
EXTRACTIVE USES 33
25. Extraction of Earth Products 34 A A A A A
Government Uses
26. Government Facilities and
Office Buildings Except as * * * * * 3s * * *81 *
Identified Herein33
222A Detention Centers"
ff
Military Installations
26(B). (NatieaaFGuar -�
o,...,.. �� -
Manufacturing,Assembly,and-Processing,and Distribution Use
29 The proposed use category would include pre-school to 12th grade.
30 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 UDO with respect to the permitting of said use.
31 The proposed land use category would include a community college,trade school,continuing education classes,etc.
32 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.
33 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.
34 The current definition of this land use does not permit the processing of materials'beyond incidental mechanical consolidation orsorting 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.
35 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.
36 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.
37
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.
38 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
39 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.
40 As with several other land uses,it is likely a military installation is exempt from local land use regulation(s).
Orange County,North Carolina-Unified Development Ordinance Page 5-23
Article 5: Uses 52
Section 5.2:Table of Permitted Uses
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt an 6 2 F9 TABLE OF PERMITTED USES
Manufacturing,Assembly,
27. Processing of Food Products �_44 45 * - * * _ _ A_41 * 0 *47 _
Except as Identified Hereind3
Animal Feed
Preparation.
27(A). Manufacturing.
Packaging.and
Distribution
Animal Slaughtering
27(B) and Processing.
Packaging.and
Distribution
Microbrewe
27 C. suction-onlyrya4 B B -4 -0 -A -0 A A 0 A -A -t1
Seafood
27(D) Preparation.
Packaging.and
Distribution
Starch,Vegetable
27(E) Fats and Oils
Manufacturing
Tobacco
Processing,
27(F) Preparation.
Packaging.and
Distribution
27(G) Winery,preduc!FT B A A Ar
41 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 LIDO)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
42 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.
43 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).
44 Staff will be recommending size limitations(10,000 sq.ft.building size)and use limitations in Article 5.
45 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.
46 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.
47 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.
48 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.
Orange County,North Carolina—Unified Development Ordinance Page 5-24
Article 5: uses 53
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS
USE TYPE I
01 EDB- D: r • r r • •D
r
Allowed as more than One PF Pc pal use f located OR a bona f de farm(see Sect OR 6 2 5)15
Manufacturing,Assembly,and-Processing,and Distribution Uses--Other
Manufacturing,Assembly,and
28 Processing of Other Non-Food A A A 0
Products Except as Identified - - - -
Hereins'
Chemical
Manufacturing and
28(A). Processing
Pharmaceutical and
Medicine
Chemical
Manufacturing and
28 B Processing-Other
than
Pharmaceutical and
Medicine
Concrete
28(Q Processing.
Preparation.and
Distribution
Converted Paper
Product
28(D). Manufacturing.
Assembly,and
Processing
Firearm
28 E. Manufacturing and
Assembly
28(F). Foundries '
Leather and Allied
28 G. Product
Manufacturing
49 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.
so 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).
si 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
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS 14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
01 EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH ASE- ll HP- REDA-
RB AIR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 RM AS El 11 12 13 PID 1 2 1 2 1 2 3 4 5-1 CZ � Cz Cz CZ-1
. ................
jM Lealle,and Hide
Tanning and
Finisling,
on Metal Fabrication
Shop
IN Ammunition
Manufacturing,
Fackaoing,and
Distribution
Paperboard
containers and
boxes
Manufacturing,
Assembly and
Processing
Pirtinting and
L hogra,h,
Pulp,Paper,and
Paperboard Mills
RE
ME E gaGlit
Article 5: Uses 55
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT
USE TYPE I
01 EDB- D: r • r • •D
Allowed as more than One PF Pc pal use f located OR a bona f de farm(see Sect.GR 6.2.5)15
Medical Uses
Medical Uses Except as
29. Identified Herein �� * * * A' A` A-
29(A). Hospital _
29(B). Veterinary Clinic B A- A*- 0- At 6 At A-
Mob is
S S
29(Cl. Veterinary Hospital * * * C sa * At
Office and Financial Services Uses
30. Office and Financial Services �Ar A A A A* A A * ,
Except as Identified Herein — — — — — — - - -
Building/Trade
Contractors Office
30(A). with Equipment A
Storage Yard 1
30 I131 Pawnshop or
Payday Loan
Research Facility-
30 C Without A*
Manufacturing
Recreational Uses
56 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.
57 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 ED13-2 as well.
58 As with Veterinary Clinics(footnote 41)staff is recommending amendments to ensure consistency between the Buckhorn and Eno Economic Development Districts.
59 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.
fi0 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.
61 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.
62 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 56
Section 5.2:Table of Permitted Uses
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt.on 6.2 F9
TABLE OF PERMITTED USES
Botanical Gardens&
31. Arboretums *
32 Camp/Retreat Center B B B ,
33 Golf Course A A A A A A A A A A A A A A A A A .63
Golf Driving and Practice
34. Ranges B
35 Guest Ranch84 A*
36. Parks,Puhlis
37 Race Track Facilities ss A*
38. Recreational Facilities B B B B B B B B BIB B * B * * * B B
3g Sweepstake Cafe/Parlor
40. Theater 67 A** A* A* .se C;
Residential Uses
41. Campground'°
63 Staff is recommending this use be deleted from being permitted within the HP-CZ zoning district.
64 The County's Attorney office still has concerns over this land use.Staff is continuing to review the matter.
65 Please note this land use category included motorized(i.e.race car,go-kart,etc.)or animal(horses,dogs,etc.)racing activities.
66 Staff has included this use to address sweepstake business operations. As the Board is already aware there have been several challenges to existing State laws addressing regulation of these machines. Staff is attempting to be proactive by listing them within the
new table.
67 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.
68 Staff is recommending the use be deleted from the EDB-1 general use district to be consistent with allowances in the EDE-1 general use district.
69 The recommendation is that this be changes from a Conditional Use to a permitted use to ensure consistency with the various economic development districts.
70 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 57
Section 5.2:Table of Permitted Uses
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt an 6 2 F9
TABLE OF PERMITTED USES
42. Dwelling;Mobile « * * * * * * * * * «
Manufactured Home
43. Dwelling;Multiple Family—71 * * At W:
44. Dwelling;Single-Family * * *
45. Dwelling;Two-Family * « * «
46. Family Care HerneFacili �
47. Group Care Facility B B B B B B B B B B B B B B B B A.
48. Group Home 3 B B B B B B B B B B B B B B
49 Health and Personal Care 75 A* A* A* Al A* A* A* A* A*
Facility — — — — — — — —
50. Recreational Vehicle 71
n
Res dent a!Hot —Dormitory,
51. Fraternity,Sorority,and A A A A A
Re!g ous Quarters
52. Rooming House
Temporary Use of Residential
53. --T� A A A A A A A A A 0
Mobile Unit — — — — — — — — —
AUTOMOnvEITRANSPORTATION USES
54. Airports.General Aviation. A A go
A A A 81
Heliports,S.T.O.L — — — — —
71 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 LIDO.
72 Changing nomenclature to be consistent with how the term is defined.
73 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.
7"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.
J5 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.
J6 Staff is specifically listing this use in the table to properly denote where same is allowed to be located.
"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.
'$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.
Orange County,North Carolina—Unified Development Ordinance Page 5-29
Article 5: Uses 58
Section 5.2:Table of Permitted Uses
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt an 6 2 F9
TABLE OF PERMITTED USES
55. Bus and Rail Passenger * * * * * * * * *
Shelter ,
56. Bus Terminals&Garage d A* A- At A= A,83 At A*
57. Motor Freight Terminal s A- A- A' A- At At A*-
58 Motor Vehicle:Maintenance *A -A -A
84
59 Motor Vehicle:Repair Garage85 •A *A
Motor Vehicle:Sales/Rental
*-A '-A '-A *-A '-A `-A *-A A A- A- A A
61 Motor Vehicle Service *A *A *A *A *A
Stations a
- - - -
62. Surface and Str cture
Parking
As Pr no pal Use -
63. :::=sa c eFage
- - - - -
Postal&Parcel Delivery
64. Service 91
Retail Uses 92
79 Moved from the Miscellaneous use category from Section 5.2.1.
80 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.
81 Some BOCC members had indicated a desire to allow heliports in various EDD general use zoning districts. No formal direction was provided. Staff believes this issue will be revisited in the near future.
az 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.
83 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.
84 Strikethrough text reflecting County Attorney comments and staff decision to provide for greater distinction between the existing motor vehicle land uses.
85 A repair garage involves fixing'the guts'of a car.
86 This land use will now be considered a'gas station'.
87 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.
88 Staff is eliminating language referencing this as a principal use as it is self-evident given its listing in the table of permitted uses.
89 Staff is recommending a definition for this activity to clarify what is allowed.
90 This land use was moved out of the automotive/transportation category to the Services land use category.
91 Staff is recommending the following definition of this term:The delivery of parcels,packages,orhigh value mail as single shipments.
Orange County,North Carolina—Unified Development Ordinance Page 5-30
Article 5: Uses 59
Section 5.2:Table of Permitted Uses
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt an 6 2 F9
TABLE OF PERMITTED USES
Retail Uses Except /1
65. as Identified Herein
65(A). Country Store95 4 A A-
SERVICE US
Service Uses Except as
66. sa— A 0 A A - - - - - - -
Identified Herein - -
Body Art(Tattoo.
66(A). Body Piercing,etc.) '
66(B). Car Wash
66(C). Cemetery B lo B B B B B B B
66 D. Crematoria
Eating and Drinking A A A'
66(E). Establishments 99 A A
66 F. Funeral Home fo A fal A G#* G# A- _
66(G). Garden Center A A A A
66 H. Massage Business A A
Short Term Rental
66 I. Small-Host A p A
Occupied - - -
92 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.
93 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.
94 Staff will be recommending size limitations on buildings within the LC-1,NC-2,and EC-5 zoning districts consistent with existing regulations.
95 Staff is recommending the use be allowed to remain to avoid potential impacts to previously reviewed/approved agricultural service amendments.
96 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.
97 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.
98 Existing land use under the Miscellaneous land use category being moved.
99 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.
200 Staff is modifying existing regulations to ensure there is a distinction between were on-site crematoria facilities will and will not be allowed.
201 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 60
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS 14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt an 6 2 fl)15
Short Term Rental
66 J. Large-Host A A
Occupied
Short Term Rental ,
66(K) -Non Host A* A* Q* Aioz A* 0* A* A. 0*
Occupied
66(L) Junkyard/Salvage A A A
Yard
66(M). Kennel Class II B B B B B B B B
Petroleum Product
66(N). Storage And
Distribution 103
66(0). Sexually Oriented *A *A
Businesses -
Storage of Goods
66(0). Taxidermy B A-
TELECOMMUNICATION USES
U. Telecommunication Tower(75 .A *A *A *A *A *A <A *A *A *A *A *A *A <A *A .A .A ,A *A *A *A *A *A
feet or shorter) - - - - - - - - - - - - - - - - - - - - - -
Telecommunication Tower
68. (Over 765 feet to 200 199.9 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
Less than 200 feet in height)105
69 Telecommunication Tower 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 - -
(200 feet and higher)
70. Ham Radio Towers 106 A A A A A A A A A
UTILITIESI6T
102 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.
103 Existing land use moved from the Automotive and Transportation use category to the Service category.
104 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.
105 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).
106 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 61
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS 14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt.on 6.2 F9 15
71. 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 rB B '
Public Utility Stations&Sub-
72 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
Telephone Exchanges,Water
&Sewage Treatment Plants
73 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
Transmission Lines
74 Water&Sanitary Sewer
Pumping
75. 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
M. 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
77. Landfills(2 Acres or More)d A A A A A A A
_109 $ B $ $ B $ $
78 Waste Management Facility, A A A
Wholesale Trade Uses 110
79. Wholesale of Durable Goods * * * *
80 Wholesale of Non-Durable ,
Goods - - - - - - - - - - -
Assembly Uses
All Assembly Land Uses
81. i1z A A A A A 0 A A A A A A A A A
— Except as Listed Below A - - - - - - - - - - - - -
107 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.
108 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.
109 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.
110 Staff has collapsed this use category,which originally had approximately 12 to 14 individual land uses into 2 categories,specifically'Durable'and'Non-Durable'goods.
111 Staff is recommending the uses be permitted within the EDH-4 and EDH-5 zoning districts.
111 This would include'Places of Worship'(i.e.church/religious center),club/lodge,'Assembly of Persons',etc. Article 5 is being modified to include applicable standards governing the development of said uses.
Orange County,North Carolina-Unified Development Ordinance Page 5-33
Article 5: Uses 62
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES
PERMITTED USE A=CLASS A SPECIAL USE B=CLASsBSPECIAL C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE I
Allowed as more than one prinG pal use if located on a bona f de farm(see SeGt.on 6.2 F9 15
Club or Lodge;
81(A). See ia!'-Fraternal er * 113 G#* C# G11r#** 1G#
Unian-Cluhhe�ses
81 B. Community Center B B B B B B B B B * ils
A* A117 A* A
B B B B B
81(B)' MuRaral-eum p18 �-
81 C Rural Special A A*
Events A A —
Special Events-
81 D. 150 attendees or W A* A*
less
Special Events-
81(E). 151 attendees or
more120
Miscellaneous Uses
AGGesseFy 121 - - - - - - - - - - - - - - - - - - - -
,eaI AV at
�To_,O_�'_1zz A A A A A A
Assembly Fee 1 ty Less Than n 123
113 Staff will be recommending the adoption of development criteria for Clubs or Lodges developed within a Residential Zoning District in a future UDO text amendment package.
114 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).
115 Staff is recommending the Club or Lodge land use not be permitted in our high intensity Economic Development Zoning Districts.
116 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.
117 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.
118 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.
119 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 LIDO to the new Assembly land use category. Standards shall be contained in the new Section 5.18 of this
Ordinance.
M Staff is looking for feedback on where such uses would be allowed.
121 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.
122 Moved to the Automotive and Transportation use category.
123 Both uses are now considered to be located within the new'Assembly Use'category.
Orange County,North Carolina-Unified Development Ordinance Page 5-34
TABLE OF PERMITTED USES
'=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL C=CONDITIONAL USE(REZONING&CLASS A$UP)
GENERAL USE ZONING DISTRICTS14 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA-
Article 5: Uses 63
Section 5.2:Table of Permitted Uses
RB AR R1 R2 R3 R4 R5 RS R73 LC1 NC2 CC3 GC4 EC5 RM AS EI 11 12 13 PID 1 2 1 2 1 2 3 4 5 CZ CZ CZ CZ-1
Use may not be perm tied as a Card tional Use D str st;See Section 5.1.4(E)
. . . . . . ... . . ated. . . .
Kennels,Class 1130
Research Facility_131
L2. Research Lands&
� Installations,Non-profit
132
124 Moved to the new'Service Uses'land use category.
125 Moved to the new Assembly Use category.
126 Ibid.
127 Ibid.
US Use has been moved to the new'Service Uses'land use category.
U9 Staff is recommending the use be eliminated.There was only I 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/unpermitted creating issues of legal sufficiency.
130 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.
131,Research and Manufacturing'has been moved to the Manufacturing land use category. 'Research Facility'uses have been moved to the
26
132 All three uses are now included within the'Service Uses'land use category.
• Development Ordinance Page 5-35
Q �
V
Article 5: Uses 65
Section 5.4: Standards for Temporary Uses
(v) Plant material shall be selected for its structure, texture, and
color for interest and for its ultimate growth. Use of native plants
is encouraged; others that will be hardy, harmonious to the
design, and of good appearance can be allowed.
(vi) Appropriate curbs, tree guards or other devices shall be
employed to protect plants susceptible to injury by pedestrian or
motor traffic.
(vii) Parking areas and trafficways shall be enhanced with
landscaped spaces containing trees or tree groupings.
(viii) Service yards and other unsightly places shall be screened by
use of walls, fencing and/or planting.
(g) Signs
(i) Every sign shall have appropriate scale and proportion in its
design and in its visual relationship to buildings and
surroundings. A unified signage plan shall be submitted and
approved with the Special Use Permit.
(ii) Every sign shall be designed as an integral architectural element
of the building and the site to which it principally relates.
(iii) The colors, materials and lighting of every sign shall be
harmonious with the building and site to which it principally
relates.
(iv) The number of graphic elements on a sign shall be held to the
minimum needed to convey the sign's major message and shall
be composed in proportion to the total area of the sign face.
(v) Freestanding signs shall not be pole-mounted.
(h) Maintenance, planning and design factors
(i) Materials and finishes shall be selected for their durability and
wear as well as for their beauty. Proper measures and devices
shall be incorporated for protection against the elements,
neglect, damage, and abuse.
(ii) Provisions for cleaning buildings and structures and control of
dirt and refuse shall be included in the design. Configurations
that tend to accumulate debris and dirt shall be avoided.
SECTION 5.4: STANDARDS FOR TEMPORARY USES
5.4.1 Yard Sale
(A) moral Standards fer-of Evaluation_133
(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) moral Standards fer-of Evaluation
133 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 S 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.
Orange County, North Carolina-Unified Development Ordinance Page 5-40
Article 5: Uses 66
Section 5.4: Standards for Temporary Uses
(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 Standards134
(1) Arts and Cultural Special Events
(a) All arts and cultural special events organized, conducted, and affiliated
with a 501(c)(3) nonprofit organization or government entity, for example
the annual Orange County Open Studio Tour, shall be exempt from the
special event review and permitting process.
(B) moral Standards of Evaluation
(1) The application shall include a written description of the type of event planned,
the number of participants for any single event, the frequency of the events, the
anticipated hours of operation, the potential dates for the events, and the method
and adequacy of sewage disposal, recycling and waste disposal, access,
parking, lighting, and signage;
(2) The plot plan shall be accompanied by written approval from the Orange County
Division of Environmental Health regarding the adequacy of the water-supply and
wastewater disposal;
(3) The plot plan shall have written approval from the Orange County Fire Marshal;
(4) The applicant shall submit a copy of notification sent to the Orange County
Sheriff's Department stating the type of events, number of participants, date(s)
and hours of operation, and emergency contact information. A location map
must be attached to the notice provided to the Sheriff;
(5) Lot size shall be adequate to accommodate all proposed activities including safe
vehicular and pedestrian circulation;
(6) The proposed activity will occur on no more frequently than seven days in a 30-
day period, and on no more than 50 days per year; and
(7) Signs shall be permitted in accordance with Section 6.12.11(D).
(C) Submittal Requirements andStandards of Evaluation for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A written description of the exact type of event planned, the maximum
number of participants, the frequency of the event, anticipated dates and
hours of operation, method and adequacy of sewage disposal, recycling
and waste disposal, access, parking, lighting, and signage;
(b) A site plan showing the boundaries of the area to be used for the events,
the locations of access points, parking, service areas, activity areas,
restrooms, solid waste disposal/recycling facilities, lighting, and signage;
134 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-41
Article 5: Uses 67
Section 5.4: Standards for Temporary Uses
(c) Written comments from the Orange County Health Department, Division
of Environmental Health regarding the adequacy of plans restroom
facilities and food preparation/handling arrangements; and
(d) Written comments from the Orange County Fire Marshal and Sheriff's
Department regarding the adequacy of parking, access, or other factors
related to public safety.
(2) Standards of Evaluation
(a) The lot shall contain a minimum of five acres and shall be adequate to
accommodate all proposed activities, including safe vehicular and
pedestrian circulation, and the maximum number of participants for any
single event.
(b) The maximum number of participants at any given time at any event
shall be 150 persons.
(c) The proposed activity will occur no more frequently than seven days in a
30-day period, and on no more than 50 days per year.
(d) Signs shall be permitted in accordance with Section 6.12.11(D) of this
Ordinance.
(e) All parking shall be on-site.
(f) Noise levels at the boundary of the area included in the special Use
Permit shall not exceed 50 decibels between the hours of 7:00 a.m. and
7:00 p.m., or 45 decibels between the hours of 7:00 p.m. and midnight.
No Special Event shall begin before 7:00 a.m., or extend beyond
midnight.
(g) The site plan shall have the written approval of the Orange County
Division of Environmental Health regarding the adequacy of the water
supply and wastewater disposal for the specified maximum number of
participants for any single event and the written approval of the Orange
County Fire Marshal and Orange County Sheriff's Department regarding
the adequacy of parking, access or other factors relating to public safety.
(h) The Special Use Permit shall be valid for no more than one year.
5.4.4 Temporary Use of a Residential Mobile Home
(A) moral 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-42
Article 5: Uses 68
Section 5.5: Standards for Residential Uses
5.4.5 Buildings for Temporary Use
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit 135
(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.
(c) The use of the building shall be only for the period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is located.
SECTION 5.5: STANDARDS FOR RESIDENTIAL
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) moral Standards of Evaluation
(1) Efficiency apartments shall be allowed only as an accessory use to a single-
family residence.
135 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 5-43
Article 5: Uses 69
Section 5.5: Standards for Residential Uses
(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.
55.35.5.4 Home Occupations
(A) General Standards
(B)JALSubmittal 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
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
C. The location and type of required landscaping and/or
screening.
(i i) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(b) Major Home Occupations
(i) A site plan of the property on which the home occupation is to be
located. The site plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
C. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(2) Standards of Evaluation-
Orange County, North Carolina—Unified Development Ordinance Page 5-44
Article 5: Uses 70
Section 5.5: Standards for Residential Uses
accessory building containing up to 3,000 square feet
may be utilized, with the approval of a major home
occupation, on tracts greater than ten acres in size.
b. All accessory structures shall be built with materials not
incompatible with a residential accessory structure.
C. Setback standards for all accessory structures shall be
determined with the approved Special Use Permit and in
no case be less than 40 feet from all property lines.
d. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous vegetation planted on the outside of the fence
may be used for screening purposes. Screening will not
be required when:
i. The accessory structure is located 80 feet or
more from all property lines; or
ii. Existing vegetation provides suitable screening
of the accessory structure from all adjacent
properties.
e. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
f. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.45.5.5 Home Park
(A) Standards for HP-CZ
Orange County, North Carolina—Unified Development Ordinance Page 5-48
Article 5: Uses 71
Section 5.5: Standards for Residential Uses
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the Home Park.
(12) Recreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
(13) Buffers and Landscaping
(a) All spaces must be located at least 100 feet from any property line, not
including street right-of-ways, regardless of the zoning district. The
disturbance of land within the 100 foot buffer is prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
(c) Spaces must be set back 40 feet from a public street right-of-way. The
disturbance of land and existing vegetation within the setback area is
prohibited and additional plantings may be required to meet the
standards for a Type C buffer.
(14) Utilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission.
(b) Temporary Residential Unit utility services shall meet applicable State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required from either
a municipal or public water system. When a municipal or public system is
not available, the home park must be serviced by a supply approved in
accordance with State and local regulations.
(d) An adequate and safe method of sewage disposal shall be required.
Collection systems, sewage treatment facilities, or individual septic tank
systems shall be approved in accordance with State and local
regulations.
(e) Street lighting shall be provided at each street intersection and
throughout the park. Where the distance between street intersections
exceeds 500 feet, additional street lights may be required.
(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater and other permanent or temporary utility systems and their
connection pedestals shall be shown on the home park plans.
5.5.55.5.6 Existing Home Parks
(A) moral Standards of Evaluation
(1) Existing Home Parks that do not meet the standards set forth in this Ordinance
shall be considered non-conforming.
(2) Existing Home Parks that convert spaces or stalls to accommodate Temporary
Residential Units must meet applicable standards of this section and Section 2.5.
(3) Non-conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
Orange County, North Carolina—Unified Development Ordinance Page 5-53
Article 5: Uses 72
Section 5.5: Standards for Residential Uses
(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non-conforming; and,
(b) The existing waste treatment system is functioning properly.
(5) Removal and replacement of such units shall not be considered expansion of the
non-conforming use.
(6) New, or portions of existing, Home Parks that have been previously approved,
but have not constructed substantial improvements, including, but not limited to,
water systems, roads, parking areas, recreational facilities and mobile home
pads, or do not have sewage disposal systems installed by the date of adoption
of this section shall meet all applicable standards as set forth in this Ordinance.
5.5.65.5.7 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non-conforming yards or
setbacks.
(c) Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
setback requirements as well as those requirements specified in
Subsections (4)and (5) below, if applicable.
(2) Individual mobile homes may be erected on any lot where the use is permitted,
provided it is in compliance with the requirements of the zoning district and all
other applicable regulations. These zoning requirements include, but are not
limited to: lot area and dimension; front, rear, and side yard setbacks; and lot
coverage.
(3) Individual tracts of land may be created for the purpose of erecting a mobile
home provided all requirements of this Ordinance, and any other applicable land
development standards are met.
(4) In addition to the requirements contained in Subsections (1)through (3)above,
the following requirements must be met in the Residential 1 (R-1) District:
(a) The mobile home must be placed on a permanent support system (See
definition of"support system", Article 10 of this Ordinance).
(b) The mobile home must be skirted.
(5) In addition to the requirements contained in Subsections (1)through (3)above
the following requirements must be met in the Agricultural Residential (AR)
district:
(a) The mobile home must be skirted.
(b) The home may be placed on a permanent support system, if desired. If
a solid concrete or masonry perimeter foundation is used, the exterior
covering material shall not extend below the top of the foundation.
Orange County, North Carolina—Unified Development Ordinance Page 5-54
Article 5: Uses 73
Section 5.5: Standards for Residential Uses
(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.
5.5.85.5.9 Group Home136
(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
136 A new land use category to address housing of between 6 to 15 individuals who do not require specialized care.
Orange County, North Carolina—Unified Development Ordinance Page 5-55
Article 5: Uses 74
Section 5.5: Standards for Residential Uses
submitted.
53:85.5.11 Res identLi tGte4, Dormitory, Fraternity, Sorority, and Religi us n„af+e.s
(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) A description of the type facility planned, the number of occupants, and
the development schedule.
(b) A site plan showing existing and proposed contours. Proposed
buildings, parking, access, service, recreation, landscaped and screened
areas.
(c) Other criteria as set forth in sections 6.2.11 and 6.3.
(d) A statement concerning the provision of public services which shall
include fire, police and rescue protection.
(2) Standards of Evaluation-
(a) Adequate parking, access and service areas are provided for the site.
(b) Parking, service areas and buildings are adequately screened from
adjacent residential uses.
(c) Improved recreational facilities are provided for occupants.
(d) Other criteria as set forth in sections 6.2.11 and 6.3.
(e) Letters from public service agencies attesting to the adequacy of the
provision of public services such as fire, police and rescue.
5.5.195.5.12 Temporary Custodial Care Units
(A General Standards
(R)JALSubmittal 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.
(G)(BLStandards 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.
ML21 No more than one temporary custodial care unit per lot shall be permitted.
ML31 The temporary custodial care unit must meet setback standards where located
and shall not be located in any required front yard open space.
Orange County, North Carolina—Unified Development Ordinance Page 5-56
Article 5: Uses 75
Section 5.6: Standards for Commercial Service Uses
M(4) Occupancy of a temporary custodial care unit shall be limited to no more than
two persons, with at least one of whom is mentally or physically impaired and
requires assistance with two or more activities of daily living.
ML51 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.
{g 7 All applicable state and local approvals and permits shall be procured including,
but not limited to, a zoning compliance permit, building permits, and health
department approval.
(h)(8) Approval of the application shall not exceed one year. Annual renewal shall
require a new application and recertification from a licensed physician stating the
necessity of direct care.
{+}� 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.
@L101 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.
NLUI A permit for a temporary custodial care unit may be revoked by the Planning
Director due to failure of the applicant to comply with any of the above provisions.
5-5.115.5.13 Multi-Family
(A) Use Standards
(1) Standards for EDH-3 and EDH-4 Zoning Districts
Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in
accordance with the following standards:
(a) The site plan must identify the square footage of each building by type of
use.
(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.
SECTIONSTANDARDS FOR USES
5.6T ii h , Dart a d D„h 137
PJ-i ca u,�S�.r�-a,=.a,--a,�S
(A)Genial Standards for Evaluation
0) BUildiRgS fer nightGlubs, bars and pubs shall net be leGated within 200 feet ef a
5.6.1 Service Uses
(A) Standards for the LC-1, NIC-2, and EC-5 Zoning Districts
(1) Shall be limited to no more than 12,000 sq.ft. of building area.
137 Combined with the Eating and Drinking Establishment use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-57
Article 5: Uses 76
Section 5.6: Standards for Commercial Service Uses
(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 Cemetery138
(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.139
5.6.3 Eating and Drinking Establishments140
(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,
142
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.
138 This was moved from the existing Miscellaneous land use category contained in Section 5.17.3.
139 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
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.
140 This combines restaurants, nightclub, pubs, bars, etc. into one central land use category. Additional
development standards will be added in a future text amendment.
141 Existing regulations taken from Section 5.6.1. Staff added the word structure to the standard for clarification.
142 This reflects existing limitations on where drive-thru facilities can be developed within the County.
Orange County, North Carolina—Unified Development Ordinance Page 5-58
Article 5: Uses 77
Section 5.6: Standards for Commercial Service Uses
5.6.5 Garden Center143
(A) Use Standards
(1) Rental of moving vehicles shall be permitted as a customary accessory use.144
(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�35.6.6 Massage Business
(A) moral Standards for Evaluation
(1) Must comply with the Ordinance for the Control of Massage and Massage
Establishments
(2) The submittal of construction plans for all existing and proposed buildings
housing the massage business. The construction plans shall include floor plans
and cross sections showing the proposed use of all portions of such buildings.
(3) For existing buildings, certification by the Orange County Building Inspector that
the structure(s)complies with the North Carolina Building Code and all related
construction codes.
(3) Garden Center145
(B) General Standards for Eyaluation146
C�
0) +deer display a rtd StOrag@�f oeeQo�'ll he-permitte
d,
(2) OutdooFisterage ofbulkgoods shell heIoEated +o the rear or�e of the primary
vv rnry v zv-crT rvr vvra� h�'"� ������``""��
building and 6Greened on three sides by an eight feet high opaque wall or feRGe.
(3) (),-ltdnnr qtnrage for bulk goods sh;" be limited to 1,5()0 square feet per aGre of
the zoning lever
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—
143 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.
144 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.
14S 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.
146 Moved to Section 5.6.4 of the UDC.
Orange County, North Carolina—Unified Development Ordinance Page 5-59
Article 5: Uses 78
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) 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.
56:55.6.8 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.
fA}(B) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements—
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all kennels, exercise yards, dog runs, pens and related
improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation—
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exercise yard in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
kennel.
(i) The 150 foot setback established by this section shall not apply if
all portions of the facility, in which animals are housed, are
wholly enclosed within a building.
(ii) For Class II Kennels developed within the EDE-2 zoning district,
this setback shall not apply to dog training activities where each
dog is under the immediate control of its trainer, owner, or other
responsible individual.
(iii) For Class II Kennels developed within the EDE-2 zoning district,
all buildings, structures, dog runs, pens, or exercise yards in
Orange County, North Carolina—Unified Development Ordinance Page 5-60
Article 5: Uses 79
Section 5.6: Standards for Commercial Service Uses
which animals are housed or exercised shall observe the
principal setbacks established within Section 3.7 of the UDO in
those instances where the property abuts other EDE-2 zoned
property and US Highway 70.
(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(g) All proposed signage shall comply with dimensional requirements as set
forth within Section 6.12.
(h) A Class II Kennel Permit shall be obtained from Orange County Animal
Services within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
5.6.9 Short Term Rental Small— Host Occupied147
(A) Use Standards148
(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 Requirements149
(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,
147 A Short Term Rental Small—Host Occupied is consistent with what new now classify as a Rural Guest
Establishment Bed and Breakfast.
148 These are existing use standards for a Bed and Breakfast.
149 Submittal standards are consistent with the requirements for a Bed and Breakfast as detailed in Section 5.6.6 of
the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-61
Article 5: Uses 80
Section 5.6: Standards for Commercial Service Uses
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.
inf ,;,Mien is o{te+n shQGIAMon the base plan forsr ;l proiests. Eachiree
does not have to be an "exostunq tree
i-s,^often fFi
�sunient for larne lots, where the bulk of the property rem�inc
iRFtl�Cd' I5
(5) Statement from the appropriate public service agencies concerning the method
and adequacy of water supply and wastewater treatment for the proposed uses.
(6) Statement from the appropriate public service agencies concerning the provision
of fire, police and rescue protection to the site and structures.
(7) The proposed development schedule for the site.
(8) Applicants requesting a full or partial waiver of the right-of-way land use buffer
shall submit evidence that the property is listed on the National Historic Register
or recognized by the State of North Carolina or the County of Orange as a place
of historic interest. Applications incorporating historic sites shall provide a
description of how the historical style and character of the building and/or
Property is to be enhanced through the project.
(Eq Standards of Evaluation
(1) Proposed uses and facilities are complementary and compatible with surrounding
area, and appropriate in the location proposed given character of surrounding
development.
(2) Fire, police and rescue services and water supply and wastewater treatment
methods are adequate to serve the proposed uses and facilities.
(3) Recreational areas, service areas, parking and screening are adequate for the
proposed use(s).
(4) Internal vehicular and pedestrian circulation is adequate for the proposed use(s).
(5) Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Building Inspections Division prior to issuance
of any Certificates of Occupancy..
(6) In those cases where a Certificate of Occupancy is not required, the applicant
shall schedule a site inspection with the Fire Marshal and Building Inspections
Division and submit documentation of site approval to the Planning Department
prior to commencing operation.
(7) The applicant shall be permitted to construct one sign not to exceed 16 square
feet in size. Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent night-time
Ig are.
150 Staff is recommending deleting the Beld Red StrikethFGUgh language. This is redundant and unnecessary
information.
Orange County, North Carolina—Unified Development Ordinance Page 5-62
Article 5: Uses 81
Section 5.6: Standards for Commercial Service Uses
(8) On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance.
(9) The site shall meet the landscaping and buffer requirements established in
Section 6.8 of this Ordinance. However, property recognized by the state or the
county as a historic site, or as containing a significant historic structure, shall
receive a full or partial waiver of the road-front land use buffer to maintain the
historic character of the site and the traditional view of the house from the
roadside.
(10) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to NCDOT
driveway permits.
(11) Outdoor events (e.g. weddings, receptions, parties)or similar activities
conducted for compensation shall be permitted, only if there is sufficient overflow
parking available on site. Overflow parking does not have to be paved or
graveled but must be on a suitable (even) surface.
(12) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a Certificate of
Occupancy to begin operations, shall submit documentation from the Fire
Marshal and Building Inspections Division that all areas open to the public meet
state regulations.
5.6.10 Short Term Rental Large— Host Occupied151
(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:152
(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 Reguirements153
(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.
151 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.
152 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).
153 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 5-63
Article 5: Uses 82
Section 5.6: Standards for Commercial Service Uses
(2) A Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(a) Amount of area allocated to each use.
(b) Number of full and part time employees.
(c) Number of clients and/or occupants expected to use the facility.
(d) Proposed hours of operation for non-residential uses of the site and
within buildings thereon.
(3) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
(4) Landscape plan, at the same scale as the site plan, showing existing or proposed
trees, shrubs, ground cover and other landscape materials.
(5) Statement from the appropriate public service agencies concerning the method
and adequacy of water supply and wastewater treatment for the proposed uses
including any proposed eating establishment.
(6) Statement from the appropriate public service agencies concerning the provision
of fire, police and rescue protection to the site and structures.
(7) The proposed development schedule for the site.
(8) Applicants requesting a full or partial waiver of the right-of-way land use buffer
shall submit evidence that the property is listed on the National Historic Register
or recognized by the State of North Carolina or the County of Orange as a place
of historic interest. Applications incorporating historic sites shall provide a
description of how the historical style and character of the building and/or
Property is to be enhanced through the project.
(C) Standards of Evaluation for Class A Special Use Permit
(1) Proposed uses and facilities are complementary and compatible with surrounding
area, and appropriate in the location proposed given character of surrounding
development.
(2) Fire, police and rescue services and water supply and wastewater treatment
methods are adequate to serve the proposed uses and facilities.
(3) Recreational areas, service areas, parking and screening are adequate for the
proposed use(s).
(4) Internal vehicular and pedestrian circulation is adequate for the proposed use(s).
(5) Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Building Inspections Division prior to issuance
of any Certificates of Occupancy.
(6) In those cases where a Certificate of Occupancy is not required, the applicant
shall schedule a site inspection with the Fire Marshal and Building Inspections
Division and submit documentation of site approval to the Planning Department
prior to commencing operation.
(7) The applicant shall be permitted to construct one sign not to exceed 16 square
feet in size. Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent night-time
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
Orange County, North Carolina—Unified Development Ordinance Page 5-64
Article 5: Uses 83
Section 5.6: Standards for Commercial Service Uses
county as a historic site, or as containing a significant historic structure, shall
receive a full or partial waiver of the road-front land use buffer to maintain the
historic character of the site and the traditional view of the house from the
roadside.
(10) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to NCDOT
driveway permits.
(11) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient overflow
parking available on site. Overflow parking does not have to be paved or
graveled but must be on a suitable (even) surface.
(D) Expiration and Re-approval of Special Use Permit154
(1) The Class A Special Use Permit, if approved, shall be valid for six years, but may
be renewed or re-approved by the Board of County Commissioners after
receiving a report from the Planning Department that the use is, and has been
continuously since it was issued, in compliance with provisions of the Special
Use Permit.
(2) The Orange County Planning Department shall present its report on the
compliance of the special use no later than 90 days before the expiration of the
Special Use Permit.
(3) The Board of County Commissioners shall not renew the Special Use Permit if it
is determined that the applicant has failed to comply with the conditions of
approval.
(4) If the Board of County Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit.
(5) If the Special Use Permit is not renewed or re-approved, then the applicant may
submit a new application as if it were a new use.
5.6.11 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
(A) General Standards
0) Submittal Requirements
(a) A site r'e prat prepared '�nr'aF.F.eridan with the o rt f
ee e�-requirements-or C-oestiArn 2 r -151
ntaining thefollewing•(Der CeE n 22 55 2 professional design and
E-'ezrr vrrovcrr� —cry rr...T.��rvrcvvrorrcn-vca�ri-cma
nertifinatiep is net required for Rural Guest Establishments with three
gueGtr6"ems er less hedd & hreakf sts
Lg Ga}iOR, width, and type of all inter al ..ehiP----laarr and npedesti�iaar�
rirg„latien and narking requirements.
�LoGation and rumen ens of all on site signage.
Beundaries of the site-.
�LeGatiGR ef well and septiG system
154 This is existing language as contained within Section 5.6.7(A) (3)of the UDO. Staff is still reviewing if the permit
can expire once issued.
Orange County, North Carolina—Unified Development Ordinance Page 5-65
Article 5: Uses 84
Section 5.6: Standards for Commercial Service Uses
/h\� � the use(s)�f the smi+e and the buildings thereon
,nduding the following:
l�Arne �n�-ra�cn t P-f arreaa;iivFat ed ze each use.
Number of fi l and nor+time employees.
i �N „«er Af c�+eei� ond/er�ese; s epestedse"eere+N
r�Prepesed hheurs A-f operation fornGR residential ciSes nv vane sate
and within buildings thereon +tU'� ,,I,'
rnrGlU
`E)Building nIaans fornr existing proposed str6IG -rres vo-�' de flleeer
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d)Laic-ape plan, at the same scale-as-the site plan, showing existing er
propeserd trees, shrubs, greund Gever and ether landSGape materials
(Landscape information is eften oho. n the base plan for small
preien+s Each tree does net have to he individually identified; shewinn
an "existing tree lip often suffinien+for large lets where the huIL of
the property remainsweeded.)
(e) Statement from the apprepriate publiG GenGern rng the
method and adequacy of water supply and wastewater treatment for the
proposer! uses
/f\ Statement from the rning the
�� e appropriate ser'VFCe�enC�e�69,�,�r,..,�g�r,�
p 's'on of fire police and rescue protection to the site and structures.
(g) he proposed development schedule for the sFte.
(h) Outer event (e.g. weddings,,zee +ions parties) or similares
condi anted for cempensa+ion shall he permitted, only if there is sufficdent
overflow parking available on site. OveFflow parking does not have to be
paved a graveled but must he e a suitable (even) surface
h & hr Lfa bli t that i t In t� state
Any-aed�rea,�,ustzsta,�sh„�en��s-r��eaz �a-
maintainerd rear! shall furnish a Gepy of the deed establishing the
ingresslegress easement to a the Planning rester. d-n-eUmentation
shall no+ he limited to the easement deed but may also inGl ude copies of
road maintenance agreements as determined by the Planning Direr•tnr
Any application for a bed & breakfast opeFation that dees not include any
changes to an existing sructure and therefore does not require a
Ger+ificate of QGG UpancY to begin o ratiens shall submit dpc��men+o+ion
from the Pre Marshal and Building Inopectieno Divisien that all areas
open to the public meet state r u latiens
/L�)AnnliGa srequestin g a full a partial waiver of the right-nr-of way Iand use
buffer shall Submit eyirdenne that the property is listed en the Ala+ienal
His+eric Register or re zed by the State of North f arelina er the
County of Orange a pla of h' t Appl' tine
z.s-a-p.�ce - rtsto,=fc�nrer�st. ,�Rca�s
incnrp )rating hietnric sites shall provide a description of hew the
his+nrinal sfiile and character of the h,iilyding and/er property is to he
enhancer! +hreugh the p ec+
(2) Standarrck of Eva�atiGn
P�(a) FopE)sed uses facilities andrra� -are-complementary and compatible with
surrounding area, and a iate in the location proposed given
character of surrounding development.
/h\� �pv�lrice-anmd =cv�sew+CcT'md=aater supply and wastewater
treatment me+herds a adequate to serve the n ed uses nd
T rcic
facilitioes
rtrcr
Orange County, North Carolina-Unified Development Ordinance Page 5-66
Article 5: Uses 85
Section 5.6: Standards for Commercial Service Uses
(G) ReGreatbRal areas, seNiGe areas, parking and SGreening are adequate
for the proposed use(s).
(�'d) The site is served by direst aesess to a State wined read, or has
legal a s to a public rear) by way of a r nrderd easement.
/o nternal-Peh�GU,lar and pedestrian r&GU,latinn is adequate for
-preposed
„G
/f,) The proposed f the hi�p�- �cchall hn of � o nature so as
'zr' vie--n-r�--rrr {r' shall urrarvrc u
te preserve the hostnrin haraeter of the -it- d the building.
preserve
Development of the site as proposed would have no adverse
beyond the building except for appropriate parking facilities. S rup-t.1-1.1
alterat'ons of h'stor'c structures shall he of such a nature as to preserve
the hysteric character of the build'Rg/s\ and site
(g)Bed & Breakfast establishments shall he ollewed in all protected
watersheds, and rcri•tircalr areas.
/hh) Building plans fer all building areas intendedferr-pp'a'vh ln'nc-'use shall be
reviewed and a yerd by the Fire Marshal and Building Inspections
Division prier to issuance of army Ger+ifinates of(lnn,,panny.
in hose Gases where a Gertneate Of oesapanGY is not required
applicant shall schedule a site inspentien with the Core Marshal and
Building Inspen+ions Divisien and s,,bmit den,,menta+inn of Site app
yal
to the Dla.npinn Depar+mep+ Prier+o n ratoep
The appliGaRt shall be tE) GGRGtFUG Ginn not expo 96
tG .7'�7 rit�l'Tr".7T1TVrteti/CGG 10
square feet in size. SuGh identifying signs be installed h
landSGaping around the base All illumination shall be installed as
ground lighting to prevent night time glare
/L\ Ling II h .Jan with C F f this
�� site parking
nrdon
/I\ buffer ed tr�Tho-site-sho.II.r-r«eet th�e�onad d baff
ssanerTe�:remen establish
n Spronn Cr,--o-vonf thi rrdinanGe However, rd property renngnize by the
state or the GG, my as a hi rip site or as nnntaining a significant histnrin
vtcrcc-yr-cr�� g�rrc�av-u-rrt a-c..., rn�TG� �rvr9r,mcarrr-n�vca-n-rc
stFWG ,re sh I"rreceiv ';full or partial wAmvpr of thin rnard_frnnt 'and „se
buffer to ma'nta'n the h'stor'c character of the s'+e and the trade fional
of the house from the
my roads'rIe
Cm\ lin+ ul he responsible fe r�dtfr all review and permitting
rent iirements of ether pi ihlin a RG'uding but net limited to
N16DQT driveway permits.
�
5.6.7 Rural Guest Gctabloshment• Reel Q_ Breakfast Inn
(A) Standards for Class B Special Use Permit.
/''0)o ffal Requirements
/a\ A site plan prepared by a apprepriately IiGenserd prefessienal in
assera
,Jan=,nee with the regqu rn ireeRtS of Sestien 2.5, Genntai; .g three
feAoaving:
natiep width and type of all internal lar and pedestrian
`ram e , err�,�ek��c�,ar-�,-,�
no rn„lateen and parking requirements
+inn and- eJim ns of-II on ape
eca ,�ensien�rsite sign.
!i Lecatiop of well and septic sys
Bo„ndar'es of the site _distance to nearest resu dental
�,�-rG crr-rG�-vr crrc�rr G nearest rrcrc+r
structures.
Orange County, North Carolina—Unified Development Ordinance Page 5-67
Article 5: Uses 86
Section 5.6: Standards for Commercial Service Uses
/b\ DSGrip+irnnr^f the proposed use(s)of the site and the buildings thereonnduding the following:
l�Arne �n�-ra�cn t orcrrrea a;IIGFat ed ze each use.
r Number of fi l and nor#time ernpleyees.
r i �N „,tee. I Fee�� � Wiese; s e bested se thin- ere+A
�Prepesed heure A-f operation fornGR reeiden+T1al --is,ec n-f+hcsotL
and within buildings #hereen �,y,. ,,+� + ,,I,'
(E)Building glans fn�-marl-existing nrvr proposed stiuGtU'-rrea--tvo-�'�rnrGlUdeflleeer
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d)L Landscape t t#'he-.u'cri'^�-re-.side-as-the site showing existing o
propeserd trees, shrubs greunrd Gever and ether landSGape materials
/d andSGape information is often oho. n the base plan for small
preiec+s Cosh tree does net have to he individually identified; ohewing
an "existing tree lie often s ffinien+for large lets where the huIL of
the property remainsweeded.)
(e) Statement from the apprepriate publiG GenGen '�ih-re
method and adequacy of water supply and wastewater treatment for the
proposed uses
cry
/f\ Statement from th rning the
e-apprsprFaf se�v+ce�enc�es-se,�,ecr,..,,9
p 's'on of fire police and rescue protection to the site and structures.
(g) he proposed development schedule for the
/h) Outdoor events (e-g. weddings,,zee +ions parties) or similares
condi Feted for cempensa+ion shall hepermitted, only if there is sufficdent
overflow parking available on site. Overflow parking does not have to be
paver! a graveled but must he e a suitable (even) surface
h & br Lfa that i t In t t maintain d
Any-aed�rea,�,-�st �sre�eated�a-stare nedToaa
shall f--rnish a Gepy of the deed establishing the in ss/egress
easement to the County. rdn+�mentation shall not bel•mi+ed to the
�v m tiunvrr u.,--r,vrp �,-rtt �
easement deed, but bt may also innlude n pies of roadmaintenanr•e
agreements as determined by the Geunfi,
Any application for a bed & breakfast inn operation that does not
any Ghaarnggesrto an existing structure, and therefore does not require a
Ger+ificate of neeUpanc"to begin o ratiens shall submit dnc��menta+ion
from the Pre Marshal and Building Inspectiens Divisien that all areas
open to the puhlin meet state r u latiens
(k) Appl+eants requesting a full a partial waiver of the right of way Iand use
buffer shall submit evidence that the n perty is listed en the Na+ienal
Historic Register re zed by the State of North f arelina er the GeUn+y
o Orange as-a plaGe of rhRStGri�terest. p"Gations inGorporating
historic sites shall provide a rdesr•riptinn of hn\.,the histnrinal style and
character of the building and/or property is to he enhanced through the
Prey
(2) Standarck of rnmah-&tinn
(a) pF)poa uses and facilities a complementary and compatible with
ses u-a are�
surrounding area, and a iate in the location proposed given
character of surrounding development.
/b\ �- line d d water and wastewater
r'T� �Pvn�rcc-anm=cvc�Fe�eraiicc�-ana="water supply
treatment me+herds are adequate to serve then ed uses and
T rcic
facilitices
rtrcr
Orange County, North Carolina—Unified Development Ordinance Page 5-68
Article 5: Uses 87
Section 5.6: Standards for Commercial Service Uses
(G) ReGreatbRal areas, seNiGe areas, parking and SGreening are adequate
for the proposed use(s).
(d) The site is served by direGt aesess#o a State maiRtained rea4.
to internal�ehGUlar andpednstr pedestrian is adequate Lthe
-preposed
/f�)Th�proposed use of+hehr rip-�- �cchall hn of � a nature so as
" Y�"Y" � ITT v a�rv�vr vrrazurc u
+tno preserve thehr rin Ghara terf this- nod the building.
Development n-f the Gi+e as proposed would have n adverse impact
beyond the buildiRg except for appropriate parking facilities. S
alterations of hostor'c structures shall he of such a nature as to preserve
the historic character of the h olr•d'ng/s\ and site
/g\ Bed & Breakfast Inns hall be '.J I operations d
C9� �cvreamvar�rn rrunurrv�C-6rrviver C-6rmrnmr�erC�"arnvpc,�T.T-anv
therefore m net he allowed in all protected watersheds and Gro+ical
areas.
/h�)Builpinglans er all building areas intendedferr-np'ubin'nc use shall be
reviewed and a yerd by the Fire Marshal and Building Inspections
Division prier to issuance of any Ger+ifina+es of OGGUpancv
in hose Gases where a Ger#;neate Of oesapanGY is not required
applicant shall Schedule a site inspection with the Core Marshal and
Building Inspec+iens —Divisien aprd submit der,-mentatoen of site app
yal
to the Planning Departmep+ p r+o c ratoep
The appliGaRt shall be permitted
tE) GGRGtFU t Ginn not{ exceed 96
tG �7'�7 rit�l'Tr".7T1TVrCeti/CGG 10
square feet in size. SuGh identifying signs shall be installed h
landSGaping around the base All illumination shall heins+armor installed
ground lighting to prevent night tirne glare
//L�)O_site parking shallbe-preyidedonaGGGrdan '+h C f this
ee�oestioT�s��Rs
nrdon
/I\ II +h d d buffer requirements established
��Tho-site-sh��eet�e�onassa;�,g�-oaner :
n SSer+ onn Cr�hT rrdinanGe Howeyer, property recngnizerd by the
state or the G my as a hi rin site or as containing a significant historic
vtcrcc-yr-cr�� g�rrc�av-u-rrt a-c�.., rn�TG� �rvr9rimcarrr-n�vca-n-rc
stFWG ure sh I"rreceiv ';full or partial wAmvpr of thin rnard_frnnt land -use
buffer to ma'nta'n the h'stor'c character of the s'te and the traditional
of the house from the
rt y roads'rle
tm\ e-�lican+r shall he responsible fe r satisfying all review and permitting
requirements of ether public ageRGies, nGl urding but net limited to
NGDOT driveway permits.
/n\ let R & Breakfast Inn vats d
t,-r�T�ie r�i; �sFze �,=-a-oed�rea,�,�st�a � ,�,eA�
septicsyste�sho.I,I he ao less--th�an fiveaeres. oed�? Breakfast Inn
may he permitted en lets of less than five a s of the tract is Gurren+hy
served by ppubnG water and sewer, suboec++nthe review and approval of
the appropriate agencies and the Staff Cngineer
(3) Expiration-and--R .al of SUP
(a) The ass R Special Use Dermot of approved shall he valid for sox years,
but may be renewed or re approved by the Board of Adjustment after
receiving a report from the Planning Department that the use is, and has
been con+inueusl.y s e it was issued, in GOFFIplianGe With provision
of
the Special Use Permit
/b\ The Orange GG Rt y Planning Department shall present '+ r+ the
�� �*z.^SG�� �ep Yesen�-r�s�e�o,�n��G
Eermpr�lia Ge of the s al use a later than 90 days hefere the a ra+inn
of the Special Use Permit
Orange County, North Carolina—Unified Development Ordinance Page 5-69
Article 5: Uses 88
Section 5.6: Standards for Commercial Service Uses
/ of Adjustment+ II the Spe III Permit if it '
to vrn�eFlr 'un-rnr^vt�e�leVlr-C' rrc-vpcEFarvSe�riB
determined that the applicant has failed to s ph,with the Gonditiens of
(d) if the Beard of Adi 0 ustment deer Rot renew the-permit,-the-permi shall
hecome null ir! � n the ^ ratien of the time limit
(e) if the SpesialUse Pe nit is F8Rewed or re approved, then he
plicant may submit a new plicatien as if. it .,ere a new use
5.6.8 Rura
l Guest Establishment Gour&y-In-n
(A) Standards for Class A Special Use Permit
0) Submittal Requirements
(a) A site plan prepared by an ^nnrenri^+ely"Gensedp;efessional in
accordance with the r ents of Section 'J 5 eentaipino the
following:
LoGation width and type of all internal ` eh*GU!ar and pedestrian
circUlat'ep and parking requirements.
�LoGation and .dimes ens of all on site siginage.
LeGatien of well and septiG system-.
rlaries f the sites d dosta to sfdential
trv� ovr-n-r�orc�.�'a-rrcrcrt�ttlnF,ezv-rrTei�ic Te
stF ^�raGWres.
(b) DeSGFiption of the proposed use(s)of the site and the buildings theree;
incli Jinn the folloWino•
Amount of erp--R -AlIoGat to ed eaGh use.
tll�Numher of fi III and per+time a pleyeee-
Number of rulieni" anther o en+s expeGtedzvcF6e the.fu'cmcy.
tlV�PFepesed;o<:rs o,eperatien f9F RA-n-residenti-al uses A_f the site.
and within buildings thereon
(E) Building plans fer all existing or proposed struGtUreS to inGluFefloor
plans eleva+iens and sections showing restoration/rehabilitation
prepesed.
(d) Li,=dS6ape plan,-art theSanc S6a,le 'S-the SFta plan, o existing G
r
prepesed trees shrubs, o nd Gever and ether Ian.dSGape materials
(Landscape infermatien is eften shei.m on the hose plan for small
projects Each tree does not have to he sho�.,inn
an "existing tree line" is often suffi..ien+fer la a lots ;.,here+he hl 11 of
the p perty remainseeded \
to\ Statement from +h s;P P )Ming the
method and adequacy of water supply and wastewater treatment fer the
propo ed uses.
M Statement from the appropriate publiGseNiGe agenGieS-GenEerning the
previ of fire p " r! to the site d try Gt ores
�T ^nee-ana-ressa e�rsteet+on�-R«�,���„�sn���s
(g) The prepesed develepment sehedule fer the
/h\ Q utrleer events (e.g. weddings reGeptions parties) „ similar a^ti„ities
con,-1�icterJ for compensation shall he permitted, only if there is i Ifficient
ev� Overflew
lew parking available on a Or lew p s
parking deeS Rot have to he
paver) or graveled but must he OR a suitable (even) surface
Orange County, North Carolina—Unified Development Ordinance Page 5-70
Article 5: Uses 89
Section 5.6: Standards for Commercial Service Uses
An
y nr�pkatinn for a Ge untry Inn the �n�T�de-aRy-changes to
'an existing tract,ire acid therefore does no+ requirea Certificate of
QGG UpancY to begin o ra+iens shall submit rdocUmen+atien from +he
Core Marshal and Building Inspections Divisien that all areas n n to the
public meet state r u la+oens
Applicants requesting a full or nar�i %AvurPer of the Fight of way land use
buffer shell submit evidence that the PFE)perty is listed en the Natiennl
Histerin Register recngnizerd by the State of NIA-it county h Garelina or the conty
e f Gra�pge as a pla of histerie interest._-Applications_�ncorrpeerrattiRgg
historic sites shall provide a description of how the historical stile and
character of the buildingr)and/or property us to he enhance through the
p ejec}t.
(2) Standards-of Evaluation
/a\ Prepeserd uses and facilities a GeMplemen+ary and c patihde with
surreunrding area, and a sate in the Jena+ien n serd given
character of si irreunrding rdeveden en+
(b) Fore, PGliGe and re-- and water suppI�ippry-'and and
treatment metherds a adequate to sery e the prepeserd uses and
T rac
facilittices
mr
(c) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(d) The site is served by direct access to a State maintained ro
(e) internal vehicular arid pedestrian GmFGU!at'on is adequate for the proposed
M The proposed f thehl +oroc str c+�ire shall be of such �-
�''-sue-vr-crr sror,� uccur� an--v -a-r,u nature
to preserve ti�hehistGFOG character of the site and the building.
Deyeiepment of the cote a prepesend w eu l d have ne adverse impact
beyond the bu g ildineXcept for a a+e parking ciN
Fties. Stractural
adtera+inns of historic strUctUres shall he of a eat ure as to preserve
the histeroc character of the building(s) and site
(g) Go6IRtFY;nns shall be considered cemrnercmal, operations a„c-I trher re
may not he allowed in all protected watersheds an critical areas
/hamBuilding plans for all building areas intended for public use s�shall be
reviewed and a .ed by the Health Department Core Marshal aRGI
Building Inspections D'V'sien prier to issuanGe of any Certificates of
OGE;UpanGy.
in these cases where a Certificate Gf QGGUpanGy is required, the
applicant shall schedule a site in ec+ien with the Core Marshal and
Building Insnect'ens division and submit dnc��mentatoen of site app
gal
to the Planning department prior to cnm mencong nneratonn
The applicant shal! bepern��ttedr t�o constrUcne sign not to eXee ed16
square feet On size. identifying signs shall installed with
IaRGIGGapirig areund the base All illumination shall he installed as
ground and lighting to prevent night_t'me
glare-
L) On site ig hall be provided 'n accordance '+h Section_o9f tthrts
yr-� �. urrurr-v" I"�"�„" err-ac ravrr�.c vvrcrr-vc
9rd'nanGe. The Fure Marshal shall review and a e„e+mo plan to
ensure EMS and fore tFUGk a sohilota
Orange County, North Carolina—Unified Development Ordinance Page 5-71
Article 5: Uses 90
Section 5.6: Standards for Commercial Service Uses
0) The site shall meet the landSGaping and buffer requirements established
inven+inn 6.8 of this nrrtinanne. However, property reWgRized by
state the Ge ty asahT Gsite staining a 'finant his+grin
�na-cc-yr-o-r� u/i-c�aa a-n.., oizr'Ti.� �rvigiimcarrr-nTvcvrrc
hall a fi ll o partial �. f the eart_frent lanrt
str�EtUr�s„�reE@;v a •'er���r use
_h1_1ffer tA- M-AiRtaiR the h'StGF'G GharaGter of the site and the tradditienal
�/iew of the from the reardsirde
(m) The appRea t shall-be-respens+ble for satisfying all review and permitting
regi�irerAtonts of other public agencies indu ding but not limiter! to
m AI('n/lT rl /eway perits '
/per The u m lot size for a Country Inn using a private well and septic
zrc
system shall he no less than ten acres A Country Inn may he permitted
on lots of less than ten aGres if the}rant is GUrrently served by nUblin
water sewer ubien++o the review and approval of the a ia+e
and the Staff Engineer; er if the+ran+Will reGeive ublin
seNiGes as part of a larger rdeyelepmen+ p eat s Yoh a a planned
rdeveleprnent o village flexible rdeyelepp,ent
(3) Expiration and Re-Approval of SUP
(ate HYV ass A SpeGiall Use Permit, if approved shall he valid for sox years,
but may be r erd er re_approved by the Roardd of(Qe infi/
remmossinners after receiving a report from the Planning department
that the use is, and has been r.nr.tinuo usly s e it was issued, 'n
cnmpliapne with p of the Special LISP- Dermi+
(b�)The Orange County Planning Department shalull present its report on the
re f the I later than mays before the expiration
CE T.-vr-m�SpcC-Farcive-nv�ucer�rrc�rr .ro e-cr��c�c^p'rrr'arrvrr
of the Special Use Permit
(G) The Beard of Ge ,nty Gornmisswaers shall not renew the Spes+al Use
Dermot if it is determined that the applicant has failed! ten ply with the
nnnddi+inns of appreyal
/rd�) if the Rnard! of County Gemmissonee_rr does notenew the permit, the
permit shall bennme null and void upen the expiration of the time limit
(8) if the e SpeE+al Use Per Fs AG-t F8Rewed or e approved, then the
applicant m I s��. it a new applicatin as if it were a new use
5..6.9 MicrebrreYlfn.�y with Miner€ye AS155
(A) Stanerd-array-for Class-B Spesiarvse Permitter ACC_r7„r RAPn_C7 Zoning OistriGts
0) in artdi�raition_ o thhe reg u'rrerneatS on SSection-2.7 or 2.9,E_aas_aaPp pplicableihe fellewffiRg
6nfermaiion shall he submitted with the a plinatiap materials.
(al i ties f I is to h held site, f
tub S6rrpRvrrvrSp eC-FareVenr�-c�ry era--^vrer-.sin.., fFIC Teq'a'en�j--^vr
events, hours of opera+ironr arrtirE+pated attendanGe, and a o+her
pertinent dde+ails
(b�) Leraat'_r�^f^overfde,./ parking area(s) Of required parking is nett a antiinc'rppaated
tea merdate all s alevents.
(E A SU rding uses and the distaneeto residential
t �Qepr__'""J z.�
strl Gt Nees.
/rd\ A ddeSGF'ptinn f retail sales and fa�' fi/tours, if proposed.
Tcr� �c prrvrr-v-rT 1c 'tea--ra iy-cc�ar �
(e)A EemprehaRswe groundwater study, for faGilif;es expestedto 6ISe MGre
groundwater on an annual basis than an average single family residence
155 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 5-72
Article 5: Uses 91
Section 5.6: Standards for Commercial Service Uses
(which uses 240 gallons of water per day) built at the highest density,the
existing zoning diStFiGt would allow. For example, if the hen;St:Rg zo
dis+rig} alleyw,s a sidential density of 1 unit for 7 _Aruresand the p sed
use is en a six aGre paFGel (which Gu ild yield Q residences), +he
preposed use(s) m e throe times the water used by a
n average
single family residence (or 720 gallons per day, an a annualized basis-)
before a GOmprehepsive groundwater study is required. The water usage
rates f�exiistinn use SUIh Gn++e zoning regula+inns Innaterl en the
same lot shall he taken into account when determining if a
comprehensive groundwater study is required. Said study shall det
The amount of water anticipated to pe used on a daily,weekly,
monthly. and annual basis by regulated dated uses IE)Gated on the
paFGel (e.g., water usage by hena fide farm uses required
to he ind uded)•
An analysis f the a un+of groundwater withdrawal Gensidered
to+o be safe and sustainable in the immediate V nifir and
rimAn analysis of whether other wells On ViGinity of the prepssed
use are expected to he affected by withdrawals made by the
proposed i ise
Site shall have direct access to a major road, as classified On the Orange Coupty
Comprehensive Plan and shall use said road as the prima-,access unless
approved otherwise in the permit '
and parking areas shall he setback a minimum of 1 nn feet from all
property,Ines
(4) Events shall be limited+e n mGre than 150 peeple at one tome and shall eGGU
no m days than 17 das p �
(5) Loudspeakers and p„bliG address systems shall _sed beforea—armor
after 7 p if an existing residence is Iecated igithin 1,000 feet of+he fa cilifi,
unless approved o+hepwdse in the permit
(6)SpeGial events shah Gease no later ter p.rn. on Sunday throughThursday
11 p on Friday and Saturday, unless a ,ed otherwise On thepermit.
/7�)Food_services are not allowed unless approved in_ he permit.
(8) Retaillsale and y teUF intended to he Y"�ner ��p ents of the overall
use as a rebreyw,ery,that pred�ices craft malt beverages Detail sales m
ay
pclude c plementary, items but a intended to he c sed primarily of
predi Gts di Ged site. The '+ 'fy limits to these +iyities
prwa �vaa vnr-a-cy.. rn�penTmTi-ruy-�p ecn�lrrrrco-cvzncvc-aacnvmcT
F R 10 Microbreywweryi ywiith Major Eyentc156
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
v cy��yway wv v
/4\ In addition +e the requirements in Sec+ien 'J a the felleing information shall he
with ith the a plica+ien materials:
� yw,
(a) Dessriptio„ of special events tG beheld en site, iRGIuding;Tequennyof
events, hours of epe„atien, anticipated attendance, and any,ether
pertinent details
(bb) LgGa Yerfloyw, parking area(s) Of required parking Tnot anrt�Gipaced
to a me date all s alevents.
156 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 5-73
Article 5: Uses 92
Section 5.6: Standards for Commercial Service Uses
(G) A map dep,G;ng surreundinguses ^ id +ial
ste.,�ce�e-res�en�
s+ri ic�r-autares.
(d) A dessript'en ef retail sales and fQe+Gty tGUFS, Of proposed.
(e) A GGrnprehensive groundwater study, forrfaGilities expested to use Friere
grr^eu'rnrdwater en an al basis than-an-average single family cidenGe
(which uses 240 gallons of water per day) built at the highest density
the
existing zoning diStFTGt w a ild allow. For example if the evicting zoning
district alloys a sidlential dlensity of 1 unit for'2 acres and the proposed)
use is p a six acre parcel (which could yield! Z res'dlences)' the
i u
proposed
se(s) magi use
ase three times the water usedby an average
single family residlepce (or 720 gallons per dlay, on an annualized basis)
before a rehensiye g ndwater study is required. The water usage
rates of any ex'Sti�ng use s„hieGt tozoniRg regulations IO tea+ed on +he
sarne let shall he token irate a ,n+when de+ermining if a
detaicemprehensiye groundwater study is required. Said study shall
l--The n+of,.,ater antiGipated to be used en a daily, weekly,
menthly, and annual basis by regulated uses IOGated! on the
paFGea (e.g., water usage by bona fide farm. uses is not required
to he inclUdled) ,
(iceAn analysis of the wal considered
to he safe and s sta'nable in the immediate vicinity; anal
analysis of whether other wells in the vicinity of the proposed
use a expeGted to he affected) by withdrawals made by the
proposed
(2) Site shall have direGt aGGess to a major road, as Glassified on the Orange County
Gernprehenslve Plan, and shall use said read! as the primary nless
approved a+hepNise in the n mi+
areas andparking areas shall he setback a minims rn of 40)fee+from all
property Ines
(4)Ma or eventsattraGt mere thaRT50peeple ate e time and may oGGurr�more
frequently than twelve tomes per year.
(5) Loudspeakers and public address systems shall not be used hefo e 7 a.m. or
after 7 n if an existing residence is Iocated within 1,000 feet of+he facili+.�
unless approved othen.,ise in the permit.
�
(6) SpeGial events shall Gease no later than 9 p.m. on SURday through Thursday e
11 P.M. OR Fridley and! Saturday, Unless approved otherwise in the permit.
(7\ Feed + Ilew Ie 'n+h +
���eo�sew-iee s-are r�r-a�oPedznass-appn?vedT,-�rre�err�;r
(8) Th ermit limit the# ep eyepiS.\V� e$lrTITTTRAy1T1Tfl"rCfT Teq
(9) Retail sales are intended to be GGmprised primarily ef prodLAGtS produGed on site
but may include ^omplementary items
5.6.12 Storage of Goods
(A) Use Standards
(1) Standards for the NC-2 and EC-5 Zoning 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 Zoning Districts
Orange County, North Carolina—Unified Development Ordinance Page 5-74
Article 5: Uses 93
Section 5.6: Standards for Commercial Service Uses
(a) Shall be limited to no more than 24,000 sci t. of building area.
(b) Outdoor strorage 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.
(3) Standards for 1-1, I-2, I-3, EDB-1 and EDE-1 Zoning Districts
(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.
5.6.115.6.13 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.
Y4LgL_Standards of Evaluation for Class B Special Use Permit
(1) Enterprises located in an AR zoning district must be located on a bona fide farm.
(2) If located adjacent to residentially zoned property, all buildings, structures,
facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100
feet from the property line.
5.6.12 Winery with Minor Events
(A) StandardsCl B Special Use Permit AS€-CZ or MRD-CZ Zoning Districts
rt Idj1 plQas � Special pl.G I ri11111f DI
0) addition to th equirement following
�� I,-Ie�' ,z � e6tIA+�2:7��g�S-a�I+C-ab4e-t�F �-Ig
.Rf.ormation shall be submitted with the application materials:
vm�atrvrrvrn�rv�savmrcrca��m��,-rcacrvrrma-ccnurT
( ) Description of special events to be held on-site, iRGIuding-frequency Of
events, hours of operation, anticipated attendance, and any othe
pertinent ddeta-,;
(b�)LeGaoverflow perking area(s) i f required parking �ro����ed
too dd moate all s alevents.
'�
(G) A map depicting sun=eundingusec and the distance to resideRtial
str, cvn crctures.
(d) Adessription f retailrsa,les-a and fac lifir to rs if prepo
sed.
(e) A sefprehensive groundwater study, for f+cilities-expested to use mere
❑rni ate-en an annual basis thanaverage single family recidenne
(whinuses
h 240 gallons of water per day) built at the highest density the
existing 2��r1i6t-�tweu ld allow. For example if the existing zon'19
district alle,us a;; r siddeptial density of 1 unit for 2 acres and the propns ed!
eel (which could yield 3 residences), the
proposed use(s) m e three times the,.rater used by aR average
single family residence (or 720 gallons per.tax OR aR alized basis-)
before a rehensiye groundwater study is required. The,.rater .sage
rates of any exrStiRg use su bjeGt to zening ��latiens legated on the
same let shall he takep ipte a ant when determining if a
comprehensive g Unrtwater study is required. Said study shall ddetail•
Orange County, North Carolina—Unified Development Ordinance Page 5-75
Article 5: Uses 94
Section 5.6: Standards for Commercial Service Uses
The erant+Eipafed to beamed on eell
monthly, and annual basis by regulated Mated uses IOGated on the
p-aFGeI (e.g., water usage by bens fide form uses is net required
to be onell Nell•
An analysis- f the amount of greun.Jwate-withdrawal Gensidered
be safe and sustainable in the immediate Vicinity; and
An analysis of whether ether- �s On iu ty of+np�ppese_d
other aT rr�vi"��„J "� � Y•"Y
use are expected to be affected by withdrawals made by the
proposed use_
(2) Site shall have direct access to a major road, as Glassified on the Orange County
Comprehensive YPI`aR and shall use said road as the prima-,access unless
appre ,ed otherwise in the permit.
areas and parking areas sholl be setback a MiRiMUMof 100 feet from all
property Ines
(4) Events shall be lorn*ted ton mere than 150 ppeeple at one time and shall eGGU
no mere than 17 days p
(C) Loudspeakers and public address sye�s- fal net he�sedh re a-Q�m or
after 7 p • an existing,stiesidence is locatd within 1 I o 000 feet f the faeilitw,ng r e ww �
Unless approved otherwise in the permit
(6) Special events shall cease no later than 9 p.rn. on Sunday through Thursday o
11 p rvw on Friday and Saturday, unless approved otherwise in the permit.
(77) Feed seFViees are not allewedunless approvedinthe permit.
(8) Retail sales and faGility tours are intended to be minor Gomponents of the overall
use as a MiGrobrewery that prodUGes Graft malt beverages. Retail sales may
0RGIl irde n plementarw, items but a intended to he c sed primarily of
prediAGtS predUGed$n_sitepermit 'fw, limits to these tiwdties
�" " '''`^7 "Necn�IlrrrrcTcvznc�c-carcnvmcs
5 R 44 Winery with Major Events
`A) Standards for ASE-CZ or MPD-CZ Zoning Districts
TS Standards
0) In addition to the requirements on Sectien 7 O the felleww,ing information shall he
submitted with the applicatien materials:
(a) Dessriptien of spes+al eventst be held ^^-site, inGIadiRg;TequerGy Of
events, hours of operation, antiGipated attendanee, an d a e+her
pertinent de+ajls
(b) I=GGatieici ef overflow parking area(s) if required parking is not anticipated
to a me date all special events
C map surrounding and the drjstunse�e� ;residential
StFUGtUres.
/d\ des p+ion f r d fa tw,tol Ir of prop
Tcr� �cuC�lpcic�rr-vrT cv--aa�n-rQ--rcr r�cvcrrS�-rl--prvp9v
(e) A GOrnprehensive greundwater study, ferlaciNties expested te use mere
grog Indww,ater en a annual basis than a average single family residence
(which uses 740 g,.aliens of water p built
r day) bilt at the highest density the
existing zeningdrstF'Gt w I ild allew. For example, j if the sting zonpg
rdjstriet allows a resirdeptial density of 1 unit f^r 7 aeres and the proposer!
use is en a six acre p cel (which ceI !d yield 3 residences)
' the
prepesed - w, Il e/s\ mase three tomes the waterr used by an average
single family residepce /er 720 gallens p r claw. a alined basis\
I
before a GGmprehensiye gre--pdww,a+er study is required The ww,ater--sage
rates of any existing use sI IhjeGt+^zeniRg regulations IOGa+ed en +he
Orange County, North Carolina—Unified Development Ordinance Page 5-76
Article 5: Uses 95
Section 5.6: Standards for Commercial Service Uses
come lot shall be token into a ant when determining Of a
somprehensiv^c groundwater study s required. Said study shall de+
The nt of,.,ater antis<pated to be used en a daily, weekly,
menthly, and annual basis by regulated doter! uses leca+ed en the
parcel (e.g., rater usage by bens fide farm usecs ics net required
to he jncluded ,
n analysis f the a Un+of groundwater withdrawal Gonsidired
to safe ands stainable in the immediate V nity; and
Ananalysis of whether other wells in the vicinity of the proposed
use are expected to he affected by withdrawals made by the
proposed-Use
(2) Site shall have direGt aGGess to a major road, aS Glassified on the Orange County
Comprehensive Ran and shall use said read as the paGGess,rimary unless
approved othepwise in the permit
areas, and parking areas shall he setback aminimum of 100 feet frem all
property Ines
(4) Major �i events may people at rrTm t more than 150 peorte time and may oeeaore
freeiently than twelve times per year.
( ) LoudspeakeFsaddress systems not pe used before 7 a m or
after 7 p.m. if an a istiRg residence is located within 1,000 feet of the facility,
unless nless approved otherwise in the permit(6) SpeGial eveRtS shall Gease ne later thaR 9 P.M. eR Sunday through Thursday o
11 p n Friday and Caturday, unless approved ethepwise jn the permit.
(7\ d y allowed unless the +
r� vcrseyiy=�v=i}cyye�s--ia-`rrt^--rnlvl---an(vwca--vrrtcS.r approved�r-crTe--�e niTir.
(8) Thep permit may limit the frequen Gy of events.
(9) Retail sales are intended to be GGmprised primarily of prodUGtS preduGed on site
but m inGILAde c plementary items
5.6.14 P`.... Aq Qtr.re157
(A) General Standards for Evaluation
01 f �a Outdoor steraoe of predcts shall hepermitted On the rear and of the primary
struotur and shall he screened from view of adjacent properties
(2) Outdoor ste—rage areas shall not be permitted to enGreaGh LIPGR required parkiRg
(3) All StFUGtures and outdoor storage areas shall be located a minimum of 100 fee
from adjaeept residentially zoned property
road,
as Glassified in the Orange County
Comprehensive Plan unless permitted a n /\CC_(`7
/G\ hall t h ted the t yard
1�7 .7rrun--n^vru Eaz �rrcrr rr^vnrn�urcrspuc^r-.
157 Moved to the Retail Use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-77
Article 5: Uses 96
Section 5.7: Standards for Recreational Uses
faGilities expeE;ted to use more groundwater OR aR aRRual basis thaR an average
SiRgle family r sidenoe (whioh uses 240 gallons of water per day) built at the
highest density StiRg ZeRiRg d-iStFi Gt we ld allow. Fer exnmpie if the
existing ZeRiRg dis+riot allews a siden+ial density of 1 unit for 7 ar.res and the
proposed use is on a six anre parnel (whinh noUId yield R residenoes) the
preposed use(s) may use three times the water used by an average single family
residenne (or 720 gallons per days en an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of anexisting use subject to zoning regulations located on the same lot shall be taken
6 nto account WheR determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The arnount of water anticipated to be used on weekly, menthly,
d I basis regulated + the (e t�
aria--a,;,�uar,�s+.�-b�reg�,�-�ed�se s�oea�ed�„�,��reet��wat
.sage by bona fide farm uses is not required +e he inoluded)•
(b) An analysis ef the a un+of greundwater withdrawal Gensidered to be
safe and sustainable in the immediate vininity; and
(G) An analysis of whether other wells r in the ViGinity of the reposed use are
exported to he affeoted by withdrawals made by the proposed i
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:
0) 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 • ' RECREATIONAL
5.7.1 Recreational Uses as Accessory Uses
(A) Use Standards - Residential Land Uses
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Article 5: Uses 97
Section 5.7: Standards for Recreational Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a residence shall abide by the following:
(1) General Standards
(a) Accessory recreational uses shall not be open to the public or serve as a
recreation amenity for other lots.
(b) Amenities, equipment, and/or facilities intended for spectators such as
bleachers or public address systems shall not be permitted.
(c) Outdoor sports field lighting, as detailed within Section 6.11, shall be
prohibited.
(2) Specific Standards
(a) Motor Cross and Go-Kart Tracks
(i) All tracks and/or paths shall be located a minimum of 100 feet
from a property line.
(ii) A track or path shall not cross over active septic fields.
(iii) A Type B Land Use Buffer, as detailed in Section 6.8, shall be
required around the portion of the property where the track is
located.
(B) 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) Standard for SpecifiG i sesUse 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
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Article 5: Uses 98
Section 5.7: Standards for Recreational Uses
(iii) Direct all stationary target shooting activities into a projectile-
proof backstop a minimum of 15 feet in height and 30 feet in
depth.
(iv) Operate only from 10:00 a.m. to 6:00 p.m. daily.
(v) Maintain a Type F land use buffer, as detailed in Section 6.8,
around the perimeter of the range.
(c) Indoor shooting activities shall:
(i) Be located a minimum of 50 feet from all property lines, street
rights-of-way, or access easements;
(ii) Be located a minimum of 500 feet from occupied dwelling units
external to the property; and
(iii) Direct shooting activities into a projectile proof backstop to keep
the shot within the structure.
(iv) Maintain a Type B land use buffer, as detailed in Section 6.8,
around the perimeter of the property.
(d) Nothing in Section 5.7.2 (B)shall be construed as regulating hunting
activities or the operation of a shooting range developed for, and
exclusively utilized by, local, State, and/or Federal law enforcement
agencies.
(e) Nothing in Section 5.7.2 (B)shall be construed as regulating or
prohibiting:
(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
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Article 5: Uses 99
Section 5.7: Standards for Recreational 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) A description of the exact type facility planned, the amount of area,
including and number of members or participants expected, a site plan
showing siting and size of existing and proposed building.
(b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
(c) Plans, and elevation for all proposed and existing structures and
descriptions of the color and nature of all exterior materials.
(d) A landscape plan showing, at the same scale as the site plan, existing
and proposed trees, shrubs, ground cover and any other landscape
materials.
(e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of all recreational activities
that will take place on the site.
(2) Standards of Evaluation
(a) The property shall have direct frontage on, and obtain vehicular access
from, a public road.
(b) Lot size shall be adequate for the method of sewage disposal proposed,
and for the proposed recreational uses.
(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
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Article 5: Uses 100
Section 5.7: Standards for Recreational Uses
(c) Monitoring will continue on a quarterly schedule for a period of three
years from the start of golf course operations. After three years,
monitoring may be reduced to two times per year for surface and
groundwater. The three-year period may be extended if pollutant levels
exceed thresholds established by U.S. Environmental Protection Agency
health advisory limits (HAL) and/or standards set by the North Carolina
Department of Environment and Natural Resources (NCDENR); and
(d) Parameters for sampling shall be as provided in Section 5.7.3(G)(3)
below.
(3) Parameters for Sample Testing
(a) Total phosphorous, nitrate-nitrogen, total suspended solids, turbidity and
pesticides will be analyzed for each sample time; and
(b) The Pollutant Monitoring Program submitted with the application as part
of the Resources Management Plan shall list the pesticides that will be
analyzed and the rationale for such selections, which shall be based on
the Tier I risk assessment set forth in Section 5.7.3(F)(1) above.
(4) Reporting
(a) All surface water, ground water and sediment quality monitoring results
will be submitted within 45 days of collection to the Orange County
Health Department, Division of Environmental Health;
(b) Monitoring results shall be retained on site by the golf course
superintendent and shall be available for inspection; and
(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/Retreat Center
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan prepared in accordance with Section 2.5, also showing the
following (existing or proposed):
(i) Buildings,
(ii) Campsites,
(iii) Storage areas,
(iv) Fencing and gates,
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Article 5: Uses 101
Section 5.7: Standards for Recreational Uses
(v) Outdoor recreation areas
(vi) Access road(s)to the site, as well as on site roads, with an
indication of type of proposed surface.
(b) A description of the type of facility planned, the size, capacity, and use of
proposed buildings; a signed statement from the owners or operators
that there shall be no activity allowed that will have adverse effects on
adjacent property. The statement shall also include a complete list of all
recreational activities that will take place on the site.
(c) A phasing plan, when necessary, indicating the area to be developed in
each phase with time periods for construction of each phase. This may
be indicated on the site plan.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
(b) The site plan shall show the distances to the nearest residential
structures.
(c) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A minimum 30 foot Type B buffer, as indicated
in Section 6.8 shall be observed around the perimeter of the property.
(d) If private recreational facilities are proposed, the improvements must
meet the site improvement requirements in Section 7.11 of this
Ordinance. The site plan for recreational facilities shall be reviewed by
the Orange County Recreation and Parks Director.
(e) Off street parking requirements shall be provided in accordance with
Section 6.9 of this Ordinance.
5.7.6 Race Track (Mot sized „tG ) and n.._i art Track Facilities
(A) Submittal Requirements
A formal site plan shall be submitted showing the current and proposed conditions of the
property, including:
(1) Existing impervious surface calculations,
(2) Location of stormwater retention sites,
(3) The location of all structures and their distance from all property lines,
(4) The location of the septic field and repair areas,
(5) The location of petroleum storage containers and re-fueling areas,
(6) The location of all existing vegetation and buffer areas,
(7) All parking areas including internal traffic circulation patterns for the property, and
(8) All other required information outlined within Section 2.5 of this Ordinance.
(B) Standards of Evaluation
Prior to any land disturbing activity on the property, including the expansion of any
existing uses, the property shall be brought into compliance with Section 6.15 of this
Ordinance.
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Article 5: Uses 102
Section 5.7: Standards for Recreational Uses
(Q)M 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.
tlO)(�LA 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.
"f2LExisting and proposed signage shall comply with Section 6.12 of this Ordinance.
(1-2)J4LThe 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.
(12)�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.
(l4)<he 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.
(V5)(ZLThe 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.
tWJ) LA 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.
t17%2LAII 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
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Article 5: Uses 103
Section 5.7: Standards for Recreational Uses
(c) Depressing the elevation of the raceway track surface, or
(d) Some other innovative noise abatement system.
(16)(L01Limits 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.
tI% 11 All external lighting fixtures shall comply with Orange County lighting standards
(Section 6.11).
(29)JL2JNo storage of hazardous materials shall be permitted, except for racing fuel and
lubricants. Such material storage areas shall be enclosed and posted and the
Orange County Fire Marshal shall approve a pollution incident prevention plan for
the storage facility prior to final occupancy permits.
(24)JI31If additional or accessory land uses are desired, the facility owner shall cause a
new site plan to be created outlining the location and nature of the proposed new
land use, demonstrating compliance with this Ordinance.
(22)J14IThe 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.
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Article 5: Uses 104
Section 5.8: Standards for Childcare&Educational Facilities
(7) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
5.7.8 Theater 158
(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
shall be permitted.
(2) Limited to 100 patrons per individual performance.160
5.8.1 BayGare-Center in a Residence
(A) Use Standards
(1) No more than 12 clients, at any given time, can be served by the facility.161
{A)LBLSubmittal Requirements
(1) In addition to the information required by Section 2.4.3, the plot plan shall show
the following:
(a) The location of the residence in which the Daycare Center in a
Residence is to be located in relation to existing property lines and
adjacent homes;
(b) The location, number, and means of access to required off street parking
areas;
(c) The location and type of required landscaping and/or screening; and
(d) A fenced, outdoor play/exercise searea.162
�
(2) A floor plan of the proposed G4 e-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
miRimumrrequirements to qualify for a state GeRteF; a Residence for 3 to ,2
(;h'!�RGense have-peen-,asn'°afor said license have been, or will be, met
shall be submitted.
(1)LqLStandards of Evaluation
158 As previously indicated this is a 'catch all'category for: movies, plays, performances,drive-in, etc.
159 Inclusion of language addressing existing prohibitions and limitations within the districts.
160 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.
161 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.
162 Again,staff is adding clarifying language about the outdoor area.
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Section 5.8: Standards for Childcare&Educational Facilities
0) The Dayoare Ge ter on a Resi�,denGe is tote IE)Gate d in n area, whiGh is free
freFn en ditions dangerous to the physical and rn ral welfare of the .child-ren 163
.m
(2) The MiRmm'zur'M mol inrenmen cqualify fer a State of NE)rth C-am-ling �'ld�
164
I+oenseed.
(-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^hil�rclients and
is provided in such a manner that traffic generated by the DayGare G8Rt8r on
R^^i,«�odenceuse is not disruptive to adjacent residentially developed properties.
(5)(3) The plot plan shall show how the facilities will be screened from adjacent
properties. A Type B 30-foot buffer shall be provided around the Daycare Confer
Resi.den use and play/exercise area in accordance with Section 6.8.6.
These buffers will effectively screen the view of any outdoor play-area, and
reduce noise associated with the ^hil�,,ld care peration.
(66)(4) Each Daycare Center in a Residence is required to provide at leas minimum of
75 square feet of outdoor play-space for every ehildclient 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.
M(5) Fencing is to be provided around the outdoor space, which ensures the
protection of the children clients receiving childcare and protects adjacent
residentially developed properties from trespass.
(8)(6) All gates shall be self-closing and self-latching.
(D) Additional Standards of Evaluation —Care of Children and Adolescents
(1) The Center in a Residence is to be located in an area, which is free from
conditions dangerous to the physical and moral welfare of the children.' 5
5.8.2 Child Care Facilities
(A) Use Standards
(1) Standards in Commercial and Industrial Districts
(a) At least 100 square feet of outdoor play-_space per child client shall be
provided.
(b) Outdoor play/exercise space shall be fenced or otherwise enclosed on all
sides and shall not include driveways, parking area or land unsuited by
other usage or natural features fl,r^hil,-ro 'S play s 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 en clients shall be 10,000
square feet. The minimum additional area for multiples of eight^hill
clients shall be 2,000 square feet.
(B) Standards for-of Evaluation for Class B Special Use Permit
(1) Submittal Requirements
163 Language has been moved to a new sub-section dealing with specific standards of evaluation for the care of
children and adolescents.
164 Same as above.
16s 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'.
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Article 5: Uses 106
Section 5.8: Standards for Childcare&Educational Facilities
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 Gareli.,o Ghil.J
care facility ❑ceRse have boon +isfiedsaid license have been, or will be,
met shall be submitted.
(b) A floor plan of the proposed ^hi'�,4d-ease-facility, showing the use and
dimensions of each room and the location of entrances and exits.
(2) Standards of Evaluation
(a) Facilities involving the care of children and adolescents shall The child
core facility i be located in an area which is free from conditions
dangerous to the physical and moral welfare of the children.1 '
(b) Where a State license is required to operate the facility, the applicant
shall demonstrate Tthe minimum requirements to qualify fer., State eofr
nler+h Gar„lina Ghild care fadi+„ ❑GeRsesaid 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
^hilclients and is provided in such a manner that traffic generated
by the chil,�„d-care-facility is not disruptive to adjacent residentially
developed properties.
(e) All child pfEkclient 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 ^hil�,ld care
buildiRgthe facility and play- utdoor 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 ^hi'�,.W-earefacility.
(g) Each ^hi'�,,ld earefacility is required to provide of leasta minimum of 75
square feet of outdoor play-space for every child client in care. This
space may not be located in a required buffer or in an area, which is
used or reserved for use as a sewage disposal nitrification field.
(h) Fencing and/or screening is to be provided which ensures the protection
of the ^hi'�rclients receiving child care and protects adjacent
residentially developed properties from trespass.
(i) All gates shall be self-closing and self-latching.
Q) Each ^hi'�,4d-earn-facility approved by the Board of Adjustment shall be
reviewed annually by the Planning Director to ensure compliance with
the standards of evaluation for such facilities and any conditions
attached to the application by the Board of Adjustment. Any change in
the operation of the facility, which deviates from the original standards
and conditions will constitute a modification and will require the approval
of the Board of Adjustment. In determining whether a change in the
operation of the facility has occurred, the Planning Director shall be
guided by the procedures and criteria contained in Sections 2.7.1 and
5.8.2(B)R4.
166 All standards geared towards uses involving the care of children and/or adolescents are being moved to a new
section herein.
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Article 5: Uses 107
Section 5.8: Standards for Childcare&Educational Facilities
5.8.3 Nan-Ornfi• Fel-natonnal rooperativeSchools: Universities, Colleges, and Institutes 167
General Standardg-Standardc for Class A Special Use Perrri�
of a Clops A Special '—I-- Dermi+ in erdanse with the provisiong of this
Q fdlp
e,
(A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit or CC-3, GC-4, O/RM, ED113-2, EDE-2, EDH-4, EDH-5, and MPD-CZ Zoning
Districts
(1) Submittal Requirements
In addition to the information required by either Sections 2.5 and/or 2.7, the
following shall be submitted as part of the application:
(a) The site plan, in addition to other requirements detailed within this
Ordinance shall prepared in accordance with Section 7 5 also showing
denote the following:
(i) Location, width and type of all internal vehicular and pedestrian
circulation.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s)of the site and the buildings therein,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of GIieRtG 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 the-agencies concerning the
method and adequacy of water supply and wastewater treatment.
(f) Statement from the appropriate pub e-agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) Copy of the organization By Laws and/or Articles ofIncorporation.{#)(g) A detailed description of the organization, its staff, membership,
affiliations and activities.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in applicable
Subsections 2.5, 2.7.3 and 5.8.3(A)(1).
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
167 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.
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Article 5: Uses 108
Section 5.8: Standards for Childcare&Educational Facilities
(c) The site has frontage and access on to a paved State maintained road.
The developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
(d) Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
(e) All access roads and employee/visitor parking areas shall be paved.
(f) Development of the site as proposed would have no adverse impact
beyond the building, except for appropriate parking facilities.
(g) The floor area of a building or group of buildings housing a Non- Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance.
(h) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
The appliGaRt mast efstr e-in s-GGnP.I.iU,n ee with the aefin'+'r.n mf
TI„n T Cooperative" as GentairTed On Ar+male 10 .,f+h�o
Ordmoanno
rnvncc
5.8.4 Schools: Elementary, Middle and c,,...,.,dar„preparatory
(A) Submittal Requirements andStandards ferof 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 cor+,„n 2 23 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.
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Section 5.8: Standards for Childcare&Educational Facilities
(ii) For all schools, the lot size shall be adequate to accommodate
all activities. The proposed methods to handle the maximum
number of participants and patrons for any single event shall be
provided while also adhering to safe vehicular and pedestrian
circulation.
(iii) Negative visual impacts shall be minimized along any major
roadway. Negative visual impacts include, but are not limited to,
loading/unloading areas, delivery areas, air handling units (roof
top and other), parking areas for machinery, and storage
buildings. Appropriate screening methods shall be used to
enhance the aesthetic value of a project.
(iv) Transportation improvements as deemed necessary by the
Traffic Impact Study.
(v) The site shall be designed to take advantage of multiple shared
use opportunities, which may include a Park and Ride facility for
public transportation.
(vi) Site Access
a. There shall be a minimum of two access points to the
site.
b. Access points shall separate student drop-off areas and
visitor parking from bus traffic.
C. If school buses are used, then at least one access shall
be limited to school employee and bus use during
normal school hours.
d. All access points shall be located to provide maximum
visibility and safety.
e. No driveway shall be permitted in a location that will
hinder or congest traffic movement on a public street.
5.8.5 Schools: Technical, Trade, and Skill Training
(A) Use Standards
(1) Standards for the LC-1, NC-2, CC-3, EC-5, EDH-4, and EDH-5 Zoning
Districts
(a) Structures shall not exceed 16,000 sq.ft. of floor area.
(b) Schools shall involve only activities associated with Continuing
Education, Performing/Fine Arts, Sports and Recreation, and Trade
schools as defined herein.
(2) Standards for the GC-4, 12, 1-3, EDB-2, and EDE-2 Zoning Districts
(a) Schools shall involve only activities associated with Continuing
Education, Performing/Fine Arts, Sports and Recreation, and Trade
schools as defined herein.
(3) Standards for the 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.
M(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
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Article 5: Uses 110
Section 5.9: Standards for Utilities
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.
SECTIONSTANDARDS FOR UTILITIES
5.9.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator
stations,water and sanitary sewer pumping stations
(A) General StandardsStandards of Evaluation
(1) The design of structures shall conform as closely as possible to the character of
the area in which it is located.
(2) Building or structures shall conform to the minimum building setback distances
for the applicable zoning district and shall not exceed 800 square feet in area.
(3) All buildings and structures shall be landscaped and screened according to the
standards that follow:
(a) Buildings and structures which resemble residential accessory structures
must be landscaped and maintained in the character of a residential
area.
(b) Any outside storage areas must be fenced with a minimum five foot
fence and the area screened from adjacent property according to the
standards in this section.
(c) Lighting in and around these facilities shall be constructed and shielded
so as not to shine directly on adjoining property used for or zoned for
residential purposes. Electrical and telephone service to the structure
shall be placed underground. Types of lighting to be considered shall
include, but not be limited to, indoor lights when visible through windows,
outdoor lighting, automobile headlights and signs. Devices to shield
lighting may include shades, fences, shrubs, trees and natural
conditions.
(d) Parking areas and driveways used in connection with facilities
constructed pursuant to this Section shall either be surfaced or shall be
located and maintained in a condition so that dust and dirt will not settle
on adjoining properties as a result of their use. Driveway entrances shall
be located in a manner that will create as few additional traffic hazards
as possible.
(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.
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Section 5.9: Standards for Utilities
(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.
(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.
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Section 5.9: Standards for Utilities
(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.
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.
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Section 5.9: Standards for Utilities
(j) 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
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.
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Section 5.9: Standards for Utilities
(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
(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 Stand ardsStandards 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:
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Section 5.9: Standards for Utilities
(c) Arrays shall be allowed to be erected anywhere on the property outside
of established setback areas, designated open space areas, and
well/septic system setback areas as identified by Orange County
Environmental Health.
(d) Arrays shall observe the principal setback requirements of the underlying
zoning district where the property is located as detailed within Article 3.
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.
Orange County, North Carolina—Unified Development Ordinance Page 5-109
Article 5: Uses 116
Section 5.9: Standards for Utilities
(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
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.
Orange County, North Carolina—Unified Development Ordinance Page 5-110
Article 5: Uses 117
Section 5.10: Standards for Telecommunication Facilities
(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
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.
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.
Orange County, North Carolina—Unified Development Ordinance Page 5-111
Article 5: Uses 118
Section 5.10: Standards for Telecommunication Facilities
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached consistent with Section 2.7.14 of the
Ordinance.
(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;
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Article 5: Uses 119
Section 5.10: Standards for Telecommunication Facilities
(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;
(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.
Orange County, North Carolina—Unified Development Ordinance Page 5-115
Article 5: Uses 120
Section 5.10: Standards for Telecommunication Facilities
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
(1) Facilities that have been abandoned (i.e. not used as facilities)for a period
exceeding 90 consecutive days or a total of 180 days in any 365 day period,
except for periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days of abandonment;
(2) Permitted facilities fall into such a state of disrepair that it creates a health or
safety hazard;
(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 168
(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.169
(3) Minimum setbacks from the base of the antenna to the property boundary shall
be equal to 110% of the tower height. 170
168 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.
169 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.
170 Setback standards are the same for a telecommunication facility(i.e. cell tower).
Orange County, North Carolina—Unified Development Ordinance Page 5-133
Article 5: Uses 121
Section 5.11: Standards for Waste Management Facilities
. - -
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
(A) General Stan ardsStandards of Evaluation
(1) The site shall consist of a parcel, or easement across a parcel, (whether owned
or leased by the public agency)which has been recorded by the Orange County
Register of Deeds.
(2) The parcel or easement across the parcel, (whether owned or leased by the
public agency) on which the facility is located shall contain a minimum area of
40,000 square feet.
(3) The parcel or easement shall have frontage on a State maintained road.
(4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of
the parcel or easement.
(5) Fencing at least six feet in height shall be provided between the landscape buffer
and the improved portion of the parcel or easement.
(6) An entrance sign shall identify site as a sanitation collection site, and shall
identify the responsible public agency. The sign shall contain a maximum of nine
square feet and shall not exceed eight feet in height. Instructional signs may be
erected as needed within the facility.
(7) The entrance to the site shall contain a travelway a minimum of 30' in width.
5.11.2 Landfills
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
W(B) Submittal Requirements and Standards of Evaluation for Class A and Class-B
Special Use Permits 1r—
(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:
171 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-134
Article 5: Uses 122
Section 5.12: Standards for Extractive Uses
(d) The site is of adequate size to provide a buffer for adjacent properties.
The buffer shall also be of sufficient size to prevent adverse effects in
adjacent property.
(e) Access to the site is directly from an interstate, arterial, or major collector
street.
(f) Accident prevention/emergency management plan approved by the
State.
(g) Location of flood plain if any is on site.
(h) The site plan has buffer from streams.
SECTIONSTANDARDS FOR EXTRACTIVE USES
5.12.1 Borrow Pits for Federal and State Highway Projects
(A) Use Standards
(1) Permitted by right in all districts in accordance with the provisions of Section
5.1.1 of this Ordinance
{A)LQLGe_n_era_l-Standards of Evaluation
(1) The borrow pit is located within one-half mile of the construction site;
(2) An Erosion Control Plan has been approved by the Department of Environment,
Health and Natural Resources;
(3) The material extracted is to be used solely for a State or Federal road
construction project; and
(4) Road construction plans include provision for reclaiming the excavated area. If
the reclamation plan involves filling the excavated area, the fill material must be
inert material defined as beneficial fill by the Solid Waste Branch of the
Department of Environment and Natural Resources, provided that the debris is
also associated with a State or Federal Highway road construction project.
Inclusion of reusable or recyclable materials in the reclamation or filling of the
borrow pit should be minimized. A proposed debris recycling program or a
statement as to why material will not be recycled must be submitted for review by
Orange County.
5.12.2 Extraction of Earth Products
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(2) Processing of materials on-site, beyond incidental mechanical consolidation or
sorting to facilitate transportation off-site for further processing, is prohibited. i72
(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:
172 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-137
Article 5: Uses 123
Section 5.13: Standards for Agricultural Uses
(n) Annual inspections of the operation shall be conducted by the Planning
Director following submittal of the annual operations reports to determine
compliance with the provisions of the Special Use Permit.
(o) In cases of abandonment or termination of operations for a period of 12
consecutive months, application for a new Special Use Permit is
required.
(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 • - AGRICULTURAL USES
5.13.1 Agricultural Processing Facility
(A) Use Standards
(1) Shall not be permitted:
(a) As a Conditional Use District. Refer to Section 5.1.3 of this Ordinance.
T77
(b) Within the Rural Buffer land use classification, as designated by the
adopted Comprehensive Plan, as part of a Conditional Zoning District
application. "
WLBLG,e-n-erat-Standards fer-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.
173 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.
174 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.
Orange County, North Carolina-Unified Development Ordinance Page 5-141
Article 5: Uses 124
Section 5.13: Standards for Agricultural Uses
(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.
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.
fA}LLG-e-n-erarStandards fer-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 fer-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
Orange County, North Carolina—Unified Development Ordinance Page 5-142
Article 5: Uses 125
Section 5.13: Standards for Agricultural Uses
(1) Allowed as more than 1 principal use if located on a bona fide farm. Refer to
Section 6.2.5 of this Ordinance.
WLBLG,e-nerat-Standards fer-of Evaluation
(1) The minimum lot size shall be 3 acres unless permitted as an ASE-CZ.
(2) If located adjacent to residentially zoned property, all buildings and vendor areas
shall be located a minimum of 100 feet from the property line.
5.13.5 Composting Operation
(A) Use Standards
(1) 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).(!b?.)L Within the Rural Buffer land use classification, as designated by the
adopted Comprehensive Plan, as part of a Conditional Zoning District
application.t
(B) moral Standards for of Evaluation for Class A Special Use Permit or ASE-CZ
Zoning District
(1) The minimum lot size shall be 10 acres unless permitted as an ASE-CZ.
(2) All operations shall be located a minimum of 150 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage areas shall be screened from view of adjacent properties and
the road right-of-way.
(5) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(6) Compost piles shall not exceed 15 feet in height.
(7) Operations that include grinding shall adhere to the following:
(a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or
as otherwise specified on the permit.
(b) Grinding area shall be located a minimum of 1,000 feet from any existing
dwelling unit located on adjacent properties.
(c) Grinding area shall be located a minimum of 300 feet from all property
lines.
(8) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
175 Again,the proposed amendment is designed to include existing prohibitions currently denoted using symbols.
176 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 5-143
Article 5: Uses 126
Section 5.13: Standards for Agricultural Uses
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.
5.13.6 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.
WJgL_Gene at-Standards feir-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
Orange County, North Carolina—Unified Development Ordinance Page 5-144
Article 5: Uses 127
Section 5.13: Standards for Agricultural Uses
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.
5.13.8 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.
fA}LLGe-n-eralrStandards 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-145
Article 5: Uses 128
Section 5.13: Standards for Agricultural Uses
5.13.9 Farm Supply Store
(A) gal 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
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}LLGe-nera--Standards 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
Orange County, North Carolina—Unified Development Ordinance Page 5-146
Article 5: Uses 129
Section 5.13: Standards for Agricultural Uses
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.
5.13.11 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.
WLBLG,enerat-Standards for-of Evaluation
(1) If located in an AR zoning district, the minimum lot size shall be 3 acres, unless
permitted as an ASE-CZ.
(2) If located in an AR zoning district, outdoor storage shall be located in the side or
rear yards and shall be setback a minimum of 100 feet from the property line.
5.13.12 Meat Processing Facility, Community
(A) Use Standards
(1) Shall be permitted as more than 1 principal use if located on a bona fide farm.
Refer to Section 6.2.5 of this Ordinance.
WLBLG-enefa-I-Standards fer--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
Orange County, North Carolina—Unified Development Ordinance Page 5-147
Article 5: Uses 130
Section 5.13: Standards for Agricultural Uses
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
5.13.13 Meat Processing Facility, Regional
(A) Use Standards
(1) Use shall not be:
(a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this
Ordinance; or
(b) Permitted within the Rural Buffer land use classification, as designated
by the adopted Comprehensive Plan, as part of a Conditional Zoning
District application.
WLQLStandards 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:
Orange County, North Carolina—Unified Development Ordinance Page 5-148
Article 5: Uses 131
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.
5.13.14 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.
WLgLG_e_nefarStandards for--of Evaluation
(1) Equipment shall be screened from view from adjacent properties and road(s).
(2) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both
area and duration.
(3) On-site retail sales shall not be permitted.
5.13.15 Stables, Commercial
(A) Use Standards
(1) Use shall not be permitted as a Conditional Use District. Refer to Section 5.1.3
of this Ordinance.
(A}(B) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit or ASE-CZ or MPD-CZ Zoning Districts
(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:
17 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 5-149
Article 5: Uses 132
Section 5.13: Standards for Agricultural Uses
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Standards of Evaluation—
(a) Minimum lot size: 5 acres for up to 10 horses, increasing by '/2 acre for
each horse over 10.
(b) No part of any building, structure, exercise yard, or riding arena, in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
5.13.16 Stockyards/ Livestock Markets
(A) Use Standards
(1) Use shall not be:
(a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this
Ordinance; or
(b) Permitted within the Rural Buffer land use classification, as designated
by the adopted Comprehensive Plan, as part of a Conditional Zoning
District application.
WLBLG-enefat-Standards fer--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.
Orange County, North Carolina—Unified Development Ordinance Page 5-150
Article 5: Uses 133
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
(7) If located adjacent to residentially zoned property, all animal pens shall be
located a minimum of 300 feet from the property line.
(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.
SECTIONSTANDARDS FOR MANUFACTURING, ASSEMBLY
PROCESSING
.ri. r Metal FaabriiGatiGn-ShGp 178
(A) Standards for AS€-CZ Zoning District
0) FaGility must be IGGated o a bona fide farm
(2) Minimum let size: 3 acres.
(3) �A.wim,,m h,dlrlino 00 squar
�� sfz�: 3-0o��� eet7
must be IGGated a minim,,. of 200- foot from the property lino
5.14.1 Manufacturing, Assembly, Processing and Distribution Uses Food
(A) Standards For NC-2 Zoninq District
(1) Uses shall be limited to 10,000 sq.ft. of building area.179
(B) Standards for EDB-1 and EDE-1 Zoning Districts
(1) Uses shall be limited to 20,000 sq.ft. of building area.lao
178 Moved to Section 5.15 Standards for Manufacturing,Assembly, Processing,and Distribution—Other than Food.
179 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.
180 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 5-151
Article 5: Uses 134
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
5.14.2 Microbrewery, produGtion only
(A) Use Standards
(1) Microbrewery Production Only and Microbrewery with Minor Events land uses, as
defined within this Ordinance, shall be permitted as more than 1 principal use if
located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance.
(2) 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.'$'
(2) Additional Submittal Requirements for Microbrewery with Minor Events and
Microbrewery with Maior Events
(d) a) In addition to the requirements in Sections 2.7 and/or 2.9, as applicable,
the following information shall be submitted with the application
materials:
(i) Description of special events to be held on-site, including
181 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.
182 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 5-152
Article 5: Uses 135
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
frequency of events, hours of operation, anticipated attendance,
and any other pertinent details.
(ii) Location of overflow parking area(s) if required parking is not
anticipated to accommodate all special events.
(iii) A map depicting surrounding uses and the distance to residential
structures.
(iv) A description of retail sales and facility tours, if proposed.
(E)(qL_Standards for--of Evaluation for Microbrewery, 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) AppliGatien FnateFials shall include a comprehensive groundwater study—Jor
faGilitieG expeGted to use more groundwater on an annual basis than an average
single family r sidense (which uses 240 gallons of water per day) built at the
highest+density+h +' rd' 'f the
i ii9i inc-`u�aci ivir�a i�eicivrii existing poi iii ig vl$trlF.t weld a ow. For example, h-R,�
existing zoning rdis+ris+allews a residential density of 4 unit for 7 aGres and the
nreneserd use is en a sox aGre paFGel (which oeU l d yield 3 r sirdenoes) the
prepesed use(s) may use three times the water used by an average single family
residenne (er 720 gallons per rday, OR aR adized hock) before a
nomnrehensive groundwater pia+er study is required. The water usage rates of anSaid study shall existing use subjeGt tG zening regulations 1E)Gated on the same lot shall be takeR
detail:0 RtG aGGOunt when determining Of a GOMprehensive groundwater study 06 required-.
183
(a) The anticipated to be usedon a daily,weekly,,monthly,
and aRRual basic by regulated IGGated en the paFGel (e.g., wate-r
usage by bona fide farm uses is net required +e he inslu deal)•
(b) An analysis f the a in+of grei ind dater withdrawal Gensidere�a
safe anal s us+ainahle in the immediate, nity; and
(a) Ana olysis of whether ether wells in the, nifty of the n sed use are
evneo+erd to he affeo+ed by withdrawals made by the n e.d
(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.
183 Language moved to Section 5.14.2(A) (3)above.
184 Moved from Section 5.6.8 of the UDO and renumbered. Standards have not been modified.
Orange County, North Carolina—Unified Development Ordinance Page 5-153
Article 5: Uses 136
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
(4)(3) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
W(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.
M(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.
(G)Q L-Standards of Evaluation for a Microbrewery with Maior Events for ASE-CZ or 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.
(ill Food services are not allowed unless approved in the permit.
(8)(7) The permit may limit the frequency of events.
ML81 Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
.tea—Sami*l-.116
(A)— General Standards for Evaluation and ASE-CZ Zoning Distric-t
0) Mnn4murn lot size: 5-acres.
�) All structures, equipment, and storage shall be located a minimurn of 100 f
fFem the property lino
(3)HouFo of eporn+inn shall be limited to the he arc between 7 a and 7 p.m.
(4) Site shall have direGt aGGess to a major Fead, as Glassified the Orange Geunty
Gerrnprrehensive Plan, dshnl.11l use said read as the n nless
appreved ethepNise in thepermit.
185 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.
186 Moved to a new Section 5.15 addressing development of non-food manufacturing operations.
Orange County, North Carolina—Unified Development Ordinance Page 5-154
Article 5: Uses 137
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
514.45.14.3 Winery, produGtien only
(A) Use Standards
(1) Winery Production Only and Winery with Minor Events, as defined within this
Ordinance, shall be permitted as more than 1 principal use if located on a bona
fide farm. Refer to Section 6.2.5 of this Ordinance.
(2) Winery with Maior 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 RIB and AR Zoninq 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 Major Events as defined within this Ordinance shall include a
comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a residential
density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which
could yield 3 residences), the proposed use(s) may use three times the water
used by an average single family residence (or 720 gallons per day, on an
annualized basis) before a comprehensive groundwater study is required. The
water usage rates of any existing use subject to zoning regulations located on
the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail: 187
(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
(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.
187 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.
188 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 5-155
Article 5: Uses 138
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
(ii) Location of overflow parking area(s) if required parking is not
anticipated to accommodate all special events.
(iii) A map depicting surrounding uses and the distance to residential
structures.
(iv) A description of retail sales and facility tours, if proposed.
tE)tCLStandards 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.
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 exa"g,pie, of the
evictingzoning district alleWS a residential density of 1 unit fer 7 aGres and the
proposed usei'son a six aGre Gel (which c i ildyield 3 r sidennes) the
proposed use(s) may use three times the water used by an average single family
residence (er 720 gallons per days o an annualized hock) hefere a
comprehensive g end dater study i required. The water usage rotes of any
existing use subject to zeni,gregulations 10Gated on the same let shall he to Len
0 nte aGGGunt when determining Of a GOMprehensive greURdwater study is required-.
Said study shall detail:
(aa) The arum- ant of v.fater anticipated teased en a daily, weekly, y,
and annual basis by regulated_a sec located on the parcel water
usage by bona fide farm uses is not required to he 'ncl uded\•
(hb) An analysis f the a ant of greundwater .,ithdraWal G sidered to be
safe and sustainable in the immediate V nity; and
/ analysis of whether ether Its ' the it.. f the d
t .,+ er�R�n-�„�=P�c+r�-�-one--prepssea use are
expected to he affected by withdrawals made by then ed u
(D) Standards of Evaluation for a Winery with Minor Events Class B Special Use Permit
or 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.
WL31 Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
f5)L41 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.
Orange County, North Carolina-Unified Development Ordinance Page 5-156
Article 5: Uses 139
Section 5.14: Standards For Manufacturing,Assembly, & Processing, and Distribution Uses-Food
(6)u 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)u 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.18'
(E) Standards of Evaluation for a Winery with Major Events ASE-CZ and MPD-CZ
Zoning Districts
Mu 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)u 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)u Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
{7}(6) Food services are not allowed unless approved in the permit.
(8)(7) The permit may limit the frequency of events.
{9)(8) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.190
5.14.5 Industrial Light
(A) Standards for the O/RM Zoning District
0) The f9llG iRg Multiple Uses are permitted in the Vl zening diStFiGt when the
Prim tyro I Light o d adhere to the standards f SeGtien
,��,-� Use type
G 14 6/A\/7\•
/h�) Beauty& Barber eps
/n�)Laundry & Dr„ Cleaning Services
/rl\ Nightclubs, Bars, D
ubs
/ R +a,grants: Carry-Out
�e esiacncR,ca--
M Restaurants: Genesa:
(g) Retail,Class 1
/h�r) Printing v Lithography
F-T
(2) MultipleUses, Sestien 5.14.5(A)(1), e permitted in the fin
zening only in aGGGrdaRGe with the fellewing standards:
189 Existing standards moved from Section 5.6.11 of the UDO and renumbered accordingly.
190 Existing standards moved from Section 5.6.12 of the UDO and renumbered accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 5-157
Article 5: Uses 140
Section 5.15: Standards for manufacturing,Assembly, Processing, and Distribution Uses—Other than Food
(a) The .site plan t identify the �footage f h str Wr by type
ju��F� �� �.�rvmi-ravriae�zrr�zrr�cacr'f'v"ur vvaugcvreL�crr '�'� �-o�z�pc
yr use.
(b) The PrinGipal Use type ef Industrial, Light must beeR the
c,
(G) The Multiple tiple Use shall net eXGeed 25 of the total square f etage of all
St- ,roc on the site
u vvrrm�vrc�..
5.15.1 Manufacturing, Assembly, Processing and Distribution Uses -Other Than Food
(A) Standards For El and 1-1 Zoninq District
(1) Uses shall be limited to 10,000 sq.ft. of building area.
(B) Standards for ED13-1 and EDE-1 Zoning Districts
(1) Uses shall be limited to 20,000 sq.ft. of building area.
5.15.2 Metal Fabrication Shop 191
(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.
(-3)(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 '92
(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) & Financial l.,sited ms—Seryices193
(b) Service land uses limited to Beauty& Barber Shops, Laundry and Dry
Cleaning Services
(c) Eating and Drinkinq Establishments limited to Nightclubs, Bars,
Pubs, Restaurants Carry Out and General.
(d) Retail, limited to 12,000 sq.ft. of building area
(e) Manufacturing, Assembly, Processing, and Distribution Uses—
Other limited to Printing & Lithography
191 Existing regulations from Section 5.14.1 of the UDO.
192 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.
193 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 5-158
Article 5: Uses 141
Section 5.16: Standards for Automotive/Transportation Related Uses
(2) Multiple Uses, identified in Section 5.15.3(A)(1), are permitted �^*,,,4h`-^OAM
zonanci dostr!Gt only in accordance with the following standards:
(a) The site plan nwst 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 Sawmills194
(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 Evaluation195
(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 •
AUTO M OTIVE/TRAN S PORTATION
5.16.1 Airports, General Aviation, Heliports, STOL 196
(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.
194 Existing regulations from Section 5.14.3 of the UDO.
195 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.
196 Existing standards moved from Section 5.17.5 of the UDO and renumbered accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 5-159
Article 5: Uses 142
Section 5.16: Standards for Automotive/Transportation Related Uses
(b) Isotonic contours showing the effects of aircraft operations upon land
within one mile of the boundary of the proposed site.
(c) The number and type of aircraft proposed to be stored including also the
T 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
T 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.
(q) 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 5-160
Article 5: Uses 143
Section 5.17: Standards for Medical Uses
5.1-5.15.16.6 Motor Vehicle Sales/ Rental (New& Used"
(A) Use Standards197
(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.
(A}(BLSubmittal 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.
{li])(��LGenef.-fl-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.
(G) Standards fnrthe per NIC=2€C-5,-and E-1 Zoning D-istri GtS 198
0) The
-d display ry--ef vPIP_s eutdea Fs shall be in'`ited to 32 vehicles� _acre 0
property.
(D) Standards for GC-4 1-1 1-7 11-4 EDDT€DB-2 and EDE-7
The display of vehicles eu t doors shall he limited to 45 yehiGIes naGre of
PTepey.
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
197 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.
198 Subsections(C)and (D) have been relocated, as currently written,to Subsection (A)as detailed herein.
Orange County, North Carolina—Unified Development Ordinance Page 5-161
Article 5: Uses 144
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 LC-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.199
5.16.1 .17.3 Veterinary Clinic
(A) Standards fer-of evaluation for Class B Special Use Permit or ASE-CZ or MPD-CZ
Zoning District
(1) In the AR and ASE-CZ zoning districts, this use is intended primarily for large
animal facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
5.16.2 Veterinary Clinic, rnobiIG 200
`A► Standards for Class B SpeGiai Use Permit or neF_r+7 or MPD-CZ Zoning District
0) --IR the AR R 1 Rd ASE GZ ZGRORg d4GtF4GtG, thriG U6e te be IGGated
A-.n the sa;nmre prepepty aG the epeFateF's -esidLe__rpr---e The ehile .lip shall he
parked to the side errear^f�eSitI Ge, RG+ ir.fr^r,+„f+he reGe, URIeGG
permitted otherwise in thepermit.
(2) For all zoning d*StF*GtS in wh a Gh this use is permitted, obseNatien shelters for up
te+hree���smanII-an;F,ts Jr ; I he nsidered ^essefy-ese The permit
may^ ^ifii o eo+ern mhor of ohoeNo+ion shelters and may limi++he
maximum number of Cloys an individual o of may he ebsepver!
Ieoated omininnurnof 90V0 foot from the property lino
(4) VeteFiRary SeWiGeS whereby the pubk brings their animal W the mE)bile GliRiG
Ieoation shall net he permitted, nleoo ope^ifi^olly permitted in the permit.
5.16.35.17.4 Veterinary Hospital
(A) Standards fer-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.
199 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.
200 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 5-162
Article 5: Uses 145
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
STANDARDS •
USES
5.17.15.18.1 urGhesAssembIV 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.'ul
(B) Standards for all Residential Zoning Districts
(1) Assembly land uses shall observe the following minimum setbacks in all
residential zoning districts:
C—l-urr.hes are required to provide setbaGks on residential diStFiGtS; the minimurn shall be
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.''� .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.
201 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 5-163
Article 5: Uses 146
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.
202
(A) Standards for Class B Special Use Permit
0) R-lammHal RegUirements
In addition to the information required by Section 7 7 the following shall he
submitted a nor+of the a plina+inn•
(a) Ev5depee that the requirements of the nlerth rarelina General Statutes
Chapter 65 Gan be aGh+eved and that the standards of the AI G
Cemetery f nmmiooion shall be met
(2) Standards of Evaluat�en
(a\� let of t eQEres-I s-prev'd
(b) The site shall have doreGt-aGGess tG ,rGO'IeG r or arterial st
(F) There-shall-be-adequate-space .l.
eet
within thee-aiteyoor he parking and
mannFa,nmrinn of f,ineral nar+ilages
(d) No ntGrmr�rrci-tu_shalr-rvll take Place�n�vvitihin_30 feet of lot li e.
5.17.4 General Aviation AirportsSTOLan 203
,
(A) Standards for Class A Special Use Permit
�'',T) RegUirernents
In addi+inn to the infnrma+ion required in section 7 7 the following shall he
submitted as part of the application:
(a\ fine irat'en diagram d layer�t of n R wiays to..iwio..r
jug �a ep;et�t arvr�v�-rvrcr�v,�umvraY.r
apprreaGhr�es and eveFFUR areas. These diagrams sheulld apse bneonT
aeri"'I��'' al nhe+onranhs that show the area within five miles of the nrop
sod
s
(b) lseteniG Ge"rn+-neur-s shewing thre-effe6ts "o-A-f—airEraftvpe '{iatien 'd
within one mile of the hn,indani of the proposed site
/ h and f air fF proposed to be r 'n ding al the
is The r�;,T„�erz.,,� � �sed��stored�c���se�
storage areas for aircraft fuel and motor vehicles secure areas for
aircraft.
(d)l-ow on site fire and rescue services shall be provided and a letter from
How �r-ra--rcu �cr-v-r `"' provided`"'�•„`^^ -crr-ra--a-r �-rr vr-r-r
the appropriate agency stating services are available and adequate4o
protest the proposed facilit-
(e) List land uses withiR the ina approaGh zones of the airport.
202 Relocated to the Service land use category.
203 Relocated to the Automotive and Transportation land use category.
Orange County, North Carolina—Unified Development Ordinance Page 5-164
Article 5: Uses 147
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
/f\ per# Ga c+ion that rnII oral Aviation Administration (FAA) and State
rrnTmvr- r Cr
standards and requirements have been met-.
(2) Standards of€va;uat;en
/a\ F.A.A. and State latien ndi+ien of a val
��AAe�-eg�;,��s-are�et-as--ice
/b\ site—and and +ien will not add fF djaEentmod
��T�i its ersely=-u-�res�e�ss#+r�--�A
uses.
(6) 6and s-iff+erent to provide annreaGh zones and overrun areas 06 owned or
Gen+rellerd by the applicant
(d) Adequate land area is provided for all of the proposed uses, buildings
and storage areas.
toScreeniRgf huilydipee steFage and maintenance_areas is provided from
adjaGen+ residential land
M Letters from appropriate fire and PeSGue agenGies that proteGtive sep,(OG
Gan hen yirderd at a adequate level.
(g) Acdaess shall be d'resta„elate rnaintaiRed read
/h) Gempatible land uses are IeGated on the fin-A.' appreaGh areas ef the
(A) Standards for Class A Special Use Permit
0) Submittal Requirements
In ardrdi+inn to the inferma+inn required in SeG+inn ') 7' the fellewine shall he
s bm"' ' as nark of the application:(a) Notmficafioini
Stamped envelopes addressed to each owner of property within Gen feeof the property proposed for subdivision. The names and addresses o
preperty nwners shall he based en then ent listing a shown in the
Orange County Land DeGeFdS system.
(b) Development SGhedaae
A statement,
from the a pdiGan+y nrdiGa+inn the an+iGina+erd .devedepmen+
schtzd-Je fer build
the bil d eu t of the p eG+
(G) Water andWastew/ater
\�if the prGpesed lots a to be sewed by a p uhliG water system
proof of water supply and service availability in the form of a
Gertifierd nGPY of a resolution to that effect enacted by+he
gGverpipn bendy of the water system providing the water to serve
the lets mn the subdivision.
�if the proposed lets are to be served by a pabl:Gsewer sy:stern
proof of pubdiG sewer seFViGeavailability in the form of a Ger+ifierd
Gep\v of a resolution to that effeG+a aGterd by the governing body
the se�.A.fer system previding the sewer SeWiGe to the lets in the
u .d b 'sue' v's'roen.
Orange County, North Carolina—Unified Development Ordinance Page 5-165
Article 5: Uses 148
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
if the proposed ppd lots-'cary ac etc be served ater
�
and/or
d/ + eef that the system(s)will be operated
�sewer sy-:� n
either directly by er three ugh contract with the water and/er sewer
provider whese seFViGe area er interest area it is s defined in
the Water and Sewer Management Planningand Beundan�
Agreement and Map adep+ed December 3 2001 and as y he
amended frem time to time
Trv�if the prepesed lootsG-are to-be sewed by individual wells e
GGrnrnunity wells, a professieRally prepared groundwater yield
analysis relating the proposed wells to the U.S. Geologt4
Survey Water Resources investigations Report 00 4286 and any
later I SGS Water Pesoume Investigation Report data available.
/�.\ �h ed lots etc he served by individual tic c
rr� ,Te-p,=v�vv �vrr'�r o�.:ci-c �;rrmvr�Fvrse��y.rteiTs
the Cnyirenmental Health rlivdsien shall submit a ert indicating
appregal for each building let and fer the open e if a
hemeewners' a atien a pity is ed +e he c nstruc+ed
within the even s
(dd) Open SpaGe GenReGtaVity
A map that demonstrates that the even space composition aeeessihilifii
shape and s its; set forth in Qec+ien 7.12 of this
r\rdipance a e to he met
(e) Natural R. H--man AA-;.Je DeSen'fvc8
A written and graph's site analysis illustrating soils depth to water table
slepe hydrelogy, vegetation, natural areas and habitats of sped al
r
cencerp infrastrU G ire and other e nstn Ucted features, historic and
arr.�ueoroJ
legiF.a I visual analysis eff views Ontoand from the
�e rr sites,� r
/f\ Pedestrian /RiGyGIe Plan
if the subdiVisien is lecated in a Transition Area designated a
sUch en the Land Use Clement of the f omnrehensiVe Dlon
plan for sidewalks o pedestrian/hike Imes as port of the p6ihlir-
reads--using,
where appropriate, alternative Alorth Carolina
Department ofTransportation desigR sidelines that ipcl .de
pedestrian/bike lanes as part of the public roam s istem
/R\
trr� r-pr^p^S2nIs net troCat gna transition-area-rnToff read,
pedestrian planshall be submitted
(g) La„dssape Plan Details
A landscape and tree p vatien plan that shows the fellewing•
The p sed loca+ions and types of, plantings
/I The existing;aatu aUl land SGapC�rex'StRg tepegraphy,
The yid+h of read Odeand perimeter b,iffers too cA vc Itaft
undisturbed,
/P o�The epen spaee (proposed 6IRdTstu rbed and prepesed;mp�Ped7
as well as type of owners h'.
(2) Submittal Requirernents - For all applications of nrE`r 40 :vtcs
(a) Solid Waste
The leca+ien within the subdivision of a solid waste GonvenienGe
T
Eenter(C) Intended to serve the subdivision and, where a late the
area in which the subdivision is lecated
�cm. �Goarvr.�rvrrr.Trvca cc-G.
Orange County, North Carolina—Unified Development Ordinance Page 5-166
Article 5: Uses 149
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
/h�)Rin'GgiGall-I nventofy
/�i"� A h�*nl'Og*Gal in enter"which identifies thfollowing:
a. Habitat rdiyersity,
b. Species rdiversity,
G. Specie of specie! cGRGern Bch as these designated a
threatened or endangered
d. Last knTownrsightingg, '
rr
P. Candidate species likely to he present which may
warFant nretentinn
f. peeirne-In trrees-0cFcstanding in sizez.Rd/eF spee;es, and
9. e and- s of+he infA-rm.;+i.,n c pjle.d jn the
�y.
The hiologiEal inventory shell he a hied by an aRal,
describing the fellewinn•
a. Habitat integrity,
+ien habitats d to legi I
b. �ele��sh;;�s�e#�;Peee���--,a n<,-«ese,��c��
cnmmunities effsj+e
Any existing threats G+ to flnre anyd fay in;; anyd
d. Peten+ial fnr hahj+at enhancement
(G) ERvirenrnental Mi+igatien
A mi+igatien plan is required when any y.,etland er Ather en.,irenmen+ally
sens .,e -area rd jrlen+jfie in the hjelogjcal in op en+ , .,ill he al+erpd a
result of development of the subdivision OF GonStFUGtion of homes w
other buildings and stru Gt Tres a iaterd with the subdivision. The
mitigation plan shall include the following•
An-assessment o-f the ese,legi Ga,I ,a.lu e-ef,reseerGesthat will--hpere
lost and a statement of hey.,that value .,ill he replaced +hreugh
mi+•ga+•en•
r
A spesifipstaternen+of�goals and vbjestiVesTe.,exactly
.,hat steps .,ill he taken to compensate fnr Inc+ habitat etc
Detailed de6enptt'9AC in the form of grading plena GonstrUG
plans, n plantipg plans to illustrate how the objectives will he
.d t
A m nitering and m intenanGe pIaR tG measure SUGess e
mitigatien based o stated ebiect'yes InGl urde a list of parties
responsible far meniterin and m intenanGe sGhe.dule fer
each and hew results .,ill her erted to the Planning-and
Inspen+iens department•
(V) Alr sh how the site will be pretested frem irnpaGtS by
human and unwanted anjmal jntrusien alternate plant species
and nnnstrUction methods that cnUId he used On the event
adjustments nr substitutions are needed until the mitigation area
rstistab;+shea; and
/.,j\ A fjnan I guarantee_is_req sired for the cost of the
�-v-i7 a-rrrrn�F.rar- required�vr-err-r vr-yr-err-rc
mitigation PN''�IIe6+. QR Gezthe •n Rs+alnlutieR 6a" ''ete, 30—-vf the
arnoun+of the letter of credit or escroW will he held fer 12 months
-
or{ ,,Stud
unto! the site is established whichever is eater
(d) Tra fiG
A+raffi tea study is ed with l! liEas fern the
�= � e�r+r � �
fellewing:
Orange County, North Carolina-Unified Development Ordinance Page 5-167
Article 5: Uses 150
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
a S uhdivdsions w'th mere than 40 lets eu tside of transhion
areas,, and
b. Sub����s,ith mere than 80 lets withonn trans'toen
aiivr.
/i The study shall an analysis efr he Reed fer public F ,d
improve me its inGl udinn pedestrian_eriented enhannements fn
ff r
site
n n_site andand e �site improve meets as girl improvements relate to
the Ie\,el of sep,ine impanted by the development
The traffic impact study shall h ed ' dan '+h t�trTr� c,y-vrra�rrse��ef�uf �r'a�Orrc�rn-rEe��cn"rr
requirements of Section 6.17.
(3) Standards of Evaluation
(a) The pre}eet meets all appr^able design standards and other
requirements of thus nrdinanGe
/h�) The prejeet meets all sefVieeprevis+erreriteria as set ferth ael
; ens n �tifiesth and sesendar„ enders and the
SGUF � sp
oe/s\ of water.
r �Po;FGP- -ir-I&RtifiP-6 the primary and seee'"+rrdary responders.
�Regeae sePiees-identifies the and seGendar'y
ressp' s.
• ter S ply d of water ly
1TOT se'ci'rrC�.-c'n=rcrCtlAa�.try'-vr�cazcrs�iry-
/.,\ ter Tr + M d y4der apd f
�� ste�Teatrp�-rr� s caeae+ty�
as+ewa+er treatment
(G) habitats shall be Wentfed-a,,d evaluated ' the h'in'lnnri Ca'I i"v enter y
required by SeGtion 5.1 7\/h\and a sub eGt+o the fellewinn•
An-undisturbed buffer is required around the boundary of
habit f rare threatener! er endann red speGies as shown o
the hieleninal in enter" Buffer width shall he determined by site
eval ua+ien in GeRSUI+atien with the applioant's bielenist and
SeuRty staff,
/r �Habitat enhhaneefx1e^is as deseeped on the b+eleg'Gal,T;veate;r
shall he made fnr a bread range of spenies to help mitigate the
Ioss of hahi+a+d��ripo ^ nstrUo+iep Examples ORGI Ude•
a. Preserving planting, apd maintaining a iety of native
oetatien (also ded trees and snags);
b. Installing strUGtUres GondcFeWe for nesting such as bird
heuses or bat boxes designed and IoGated for various
�e.
e ('rea+inn wetlands!
�Genserrvatien easements er ether-aeseptaple means saGh as
dedinatien to a pL iblin anennv n ep,annv er a hnmen\e,ner's
assnniatinn are required to pretest wetlands and other habitats
while insuring preper IeRg term rRaintena^ee; and
�Provide AhaaFr4 eeT r fepnin Rd signaage at the edge of haab�+�a,+L
buffer brt and pedestFi_;;n ss. L+rnited
aGGess ., he allowed if prepesed in si+iye m er fer
environmental ed�Ana+ion purposes.
(dd) LandsGaping and Bu#ers
Orange County, North Carolina—Unified Development Ordinance Page 5-168
Article 5: Uses 151
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Existing-vegctatinnr a.I,I he preserved�s-ndi eaz on
approved landscape plan in aGGerdance with the provisions of
Sec+inn 6.8 of the this ordinance;
T +sin
Tree +�es �easu,=es shall h„--,�e�nstaII.Ted d n, ed
between all areas of list urbance and trees to he retained as
shown on the approved landscape plan A detail of the tree
pretectien harrier nrnpns ed shell he included as pert of the
��h m itt ed landscape plan s with the application;
/i Corm-riddoorsconnecting habitats 'damned On the biological inventory
shall he preserved along streams' �off hers' or other wooded
areas If destroyed during construction, such connections shall
he restored late plant materials;
Trees Trees aT,dStUMPS GleaYef for roadsGonStFUGti r�
shall either he used- for timber purpeses er shredded for
Iandscape mU Jch es+ed buried o etherwise disposed of
BUT NOT B IPNED
/%Berms,fenees and landSGaping walls may be used wi+fin
materials for snreeninn provided s--ch feat-wps are designed and
Iecated in h ther site features and fi-nctiens•
To miter-r.nir rr'm' visual impact y blending architecture into the
.. - landscape, fOURdatiGR plantings are required at all
freestapdipg entrance signs•
(v^) Use f x nin�g prrindple
.�-^o�.�eFIvC-a ,�s.
(e) Stormwater Management
A sto;;, water\T� management-P'Iun shall be prepared-and rTeVT
esed
i n a erdance with the PFGViSiGRSof Sectien 6.14 of this
Ordinance
o .Ding
AA drainage� str�c�ures nII be installed d maint
ained
to the approved Stermv,ater Management Plan
ubdivTisions thatStrUGtural v�ternmvatere measures shall
urr
cnmpl\,with Section C. 14 of this Qrdinanne
!fGrading and Erosion Control
li Plans for grading and eros'nn �controlcompply with standards
reptaiped in the Orange Geunty Eresien apd Sediment Geptrel
Manual apd this Ordinance!
hh + + I tominimize
�lnstr�C�fon�pas t
�e o+�Te�e3EzenT-prae#+c-ar
disturbance and sedimen+a+ien•
Sediment cen+rel measures .,ill he properly ins+celled +e filter
sediment from r neff d,wing a nstrUn+ien and maintained until
grading is complete and a permanent vegetative cover has been
established and all slopes stabilized; and
Perm neRt la nds6ar,i dGever, MU'Gh, etG. will be
installed as soon as practical after cnnstructien actiVities for eanh
phase are completed
g) Solid Waste Management Plan
A solid waste m en+ play, submitted a s A part of the Pesomes
��Management Plan shall innldethe method(s)of disposal and r ,clipg
of GonStFUGtion debris.
/h�)Irri gatT')nr
Orange County, North Carolina-Unified Development Ordinance Page 5-169
Article 5: Uses 152
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Irrigation rsystems fer the subdivision a and the lots In the
ubd'Vision a designed and Gan he operated a ording to a
water oenservation plan deSGrihed in the Reseugoes
Management Plan submitted with the a plioatien•
Trr�The ReseuFGe Aanag emef+ Rlrunr shall SAurGe/sA water to he used for irrigation the vela ime available for that
purpose, and expeGted GGRSU.,•, tes. The system design
and plan for operatien will he evaluated haserd on effioienov• and
ter restsa frem E;te Fmwa+erretent+sn-ponds-or-tr
eate
astewater effluent may he i serd for it gatiep Where it is
legally p mitten! al+erpa+i..e
HahrTa,�,tat Ma:,,tenanc-e
Habitats identified in the hieleginal in en+en Rd habitats Created
#hreugh mitigation shall hem in#amend in aGGorrdanoe with the
ReseuFGes Management Rlan anrd/er a Genservatien a enagreeme +
n+• prd
Ma n#ena-.,nrGeof h�ahita#s sk�II he �n,imal, GenSiStiriprimarily omf
maintaining an- enhancements removal of exetio (non_
native) plant species and keeping drainage ways f Unctiening
properly.
/D Access
ACF.•ee$to the si b d' 'slop d- + I t within the su hrd'� +
aaAvrv'"-v� rr-'rnicr-avicevvZv'--rvcsr�a• ���vii--cv
existing public roads shall conform to and he in GeMpliance with a
ny
publiG road aGGess management plan adopted by Orange County.
/L�)MaintenanGe of Imp ents
+ r d utilities /in rding ' lien
AA s+te���err}en�S-.�u Gh�S�-;�s�,��Gk��„f�a�
and drainage strU G gyres\ habitat enha eats ea+ienal
amen,t;os, signage, EaradsGapif,�Gper� spaGe, etc. will be
maintainer) in f unction anrd appearance
intenanGe SpeGIflGatenS, if any, fer on_gomggsite mmeengt
(inGl urding preiiisiens for handling of storm debris in epee s
paGe
areas)-sharnxri-be subbrArtted-aas ppaarFt of the Rceseeurrces Management
Rlap aprl ip rate rl ip+�, 4Jomeo�.�pers' Associatiep
doGurneRtS.
5.17.6 .18.3 Rural Heritage-Museum
(A) Standards of Evaluation for Class B Special Use Permit or ASE-CZ Zoning District
(1) Within the AR and RB Zoning District a museum shall be limited to a Rural
Heritage Museum as defined with this nrdinanGe
(1)(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.
5.17.7 .18.4 Rural Special Events
(A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts
(1) Must be located on a bona fide farm.
(2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following
information shall be submitted with the application materials:
Orange County, North Carolina-Unified Development Ordinance Page 5-170
Article 5: Uses 153
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
(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.
(A) Standard;-for the TZoning striG
0) The following Multiple Uses are permitted On the Q/RM zoning diStFiGt when the
DrinGlpal Use type is ReseaFnh FaGility and adhere to the standards of SeGtien
G 17 9(A)(2):
�T
(a) Banks r-FirRanf FaI Institutions
(b) Beauty&Barber S#Gps
(G) Laundry& Dry GlleaRing Se1iCeS
(d)Nighteluvs, BaFs, Pubs
(e) Restaurants: Garr„-OW
(ff) Restaurants: General
(g)--Retai1, Class 1
(h)_ Printing & I +ham,,og a]_ y
( Uses, SeGtFe;TS.17-9(A)(i�are�erm;+« the 01RInI
zoning .distriGt only in aGGOrdaRGe with the fellewing standaFds:
(a) n- a plan + identify the footage Etur type
jug S+t��rvm�-r'�'ur' z"y--a�� Btap
of LAse.
zoo 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 5-171
Article 5: Uses 154
Section 5.19: Standards for government uses
(b) c�Dri,ne+paI Use type Re sear^h Fa ty;uu+ he$s� v�r+he
s
(G) The MultipleUse shall net exeeed 25% of the+etal square feetage eef all
StFUGWres en the '+n �
205
(A) Standards for the O/RM Zoning Distric0) The fellewing Multiple Uses are permitted On the Q/RM zening d'StF'Gt when the
DrinGinal Use type is Reoearnh and Mangy Mart Urino FaGility and adhere +e the
o+�nrJnrrlpc o,.,f�Qnn+i nn F5 .7 1 O(A)(2):
(a) BQtt}Fc�-oc Fin-an r---.al Instftuutiens
(b) Beauty &Barber Seeps
(G) Laundry & Dry Clean in. g Se vics�
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry-OW
M Restaurants: General
(g) Retail, Clasr1
(h) Rrinting' a L;tlg;ap"p
(2) MultipleUses, identified on Sestien 5.17.10( , are permitted ir, + fin
with diotrin+only in erdanne i+h the fellewinn standards:
a) T,,{{hc,,,,,,sit must identify the square footage not P-aGFi It1vF.turne by type
of use.
(b) The���^pa' Use type of ReseaFGh and ManUfaGtUring Facility Must be
established on the site
icThe Multiple Use shall not exceed 25% of the totaltape of all
structures on the site
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.
20s Ibid.
206 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-172
Article 5: Uses 155
Section 5.20: Standards for OFFICE AND FINANCIAL SERVICE USES
(c) Drive-thru facilities are prohibited.
(2) Specific Standards for EDB-1 and EDE-1 Zoning Districts207
(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 Standards208
(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 along all sides with a Type A Land Use Buffer as detailed in
Section 6.8 of this Ordinance.
5.19.15.20.3 Research Facility Without Manufacturing209
(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 area210
(C) Standards for the O/RM Zoning District 211
(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 fnstRutkmi -Services212
(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, limited to 12,000 sq.ft. of building area
(e) Manufacturing, Assembly, Processing, and Distribution Uses—
Other limited to Printinq & Lithography
207 Staff is including language establishing a distinction between low intensity economic development districts
(EDE-1 and ED13-2)with high intensity economic development districts.
208 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.
209 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.
210 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.
211 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.
212 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 5-173
Article 5: Uses 156
Section 5.21: STANDARDS FOR Retail Uses
(2) Multiple Uses, identified in Section 5.15.2(C)(1), are permitted i^ * :"
zonlinci dostric- only in accordance with the following standards:
(a) The site plan nwst 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 sq.ft. of building area.z,s
(b) No outdoor sales/displays shall be permitted.214
(2) Specific Standards for the CC-3 Zoning District
(a) Uses shall be limited to 24,000 sq.ft. of building area.
(b) Outdoor sales/displays shall be permitted subject to the following:
(i) No more than 20% of the property area shall be utilized to
support outdoor sales/displays.
(ii) Displays shall not be located within any required parking, septic
disposal, or land use buffer area on the property.
(iii) Displays shall not block entrances and exists to the structure.
(3) Outdoor sales/displays shall be allowed in other districts subject to the
followinq:2'5
(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 Store216
(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.
213 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.
214 There are existing prohibitions on outdoor sales staff is incorporating into the new format.
21S Staff is clarifying and incorporating existing interpretations on the outdoor display/sale of merchandise.
216 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 5-174
Article 5: Uses 157
Section 5.22: Standards for miscellaneous uses
(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.
5.22.1 Major Subdivision217
(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.
217 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 5-175
Article 5: Uses 158
Section 5.22: miscellaneous uses
(ii) If the proposed lots are to be served by a public sewer system
proof of public sewer service availability in the form of a certified
copy of a resolution to that effect enacted by the governing body
of the sewer system providing the sewer service to the lots in the
subdivision.
(iii) If the proposed lots are to be served by a community water
and/or sewer system, proof that the system(s)will be operated
either directly by or through contract with the water and/or sewer
provider whose service area or interest area it is, as defined in
the Water and Sewer Management Planning and Boundary
Agreement and Map adopted December 3, 2001, and as may be
amended from time to time.
(iv) If the proposed lots are to be served by individual wells or
community wells, a professionally prepared groundwater yield
analysis relating the proposed wells to the U.S. Geological
Survey Water Resources Investigations Report 00-4286 and any
later USGS Water Resource Investigation Report data available.
(v) If the proposed lots are to be served by individual septic systems
the Environmental Health Division shall submit a report indicating
approval for each building lot and for the open space if a
homeowners' association amenity is proposed to be constructed
within the open space.
(d) Open Space Connectivity
A map that demonstrates that the open space composition, accessibility,
shape and size requirements as set forth in Section 7.13 of this
Ordinance are to be met.
(e) Natural & Human-Made Resources
A written and graphic site analysis illustrating soils, depth to water table,
slope, hydrology, vegetation, natural areas and habitats of special
concern, infrastructure and other constructed features, historic and
archaeological sites, and visual analysis of views into and from the site.
(f) Pedestrian / Bicycle Plan
(i) If the subdivision is located in a Transition Area designated as
such on the Land Use Element of the Comprehensive Plan, a
plan for sidewalks or pedestrian/bike lanes as part of the public
roads using, where appropriate, alternative North Carolina
Department of Transportation design guidelines that include
Pedestrian/bike lanes as part of the public road system.
(ii) For proposals not located in a transition area an off-road,
T pedestrian plan shall be submitted.
(q) 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
Orange County, North Carolina—Unified Development Ordinance Page 5-176
Article 5: Uses 159
Section 5.22: miscellaneous uses
(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 diversitV,
b. Species diversity,
C. Species of special concern such as those designated as
threatened or endangered,
d. Last known sighting,
e. Candidate species likely to be present which may
warrant protection,
f. Specimen trees outstanding in size and/or species, and
g. The status and source of the information compiled in the
inventory.
(i i) The biological inventory shall be accompanied bV an analysis
describing the following:
a. Habitat integrity,
b. Relationships between habitats and to ecological
communities offsite,
C. Any existing threats to flora and fauna and
d. Potential for habitat enhancement.
(c) Environmental Mitigation
A mitigation plan is required when any wetland or other environmentally
sensitive area identified in the biological inventory will be altered as a
result of development of the subdivision or construction of homes or
other buildings and structures associated with the subdivision. The
mitigation plan shall include the following:
(i) An assessment of the ecological value of resources that will be
lost and a statement of how that value will be replaced through
mitigation;
(i i) 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 bV
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.
Orange County, North Carolina—Unified Development Ordinance Page 5-177
Article 5: Uses 160
Section 5.22: miscellaneous uses
(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.
(i i) The study shall include an analysis of the need for public road
improvements, including pedestrian-oriented enhancements, for
on-site and off-site improvements as said improvements relate to
the level of service impacted by the development.
(iii) The traffic impact study shall be prepared in accordance with the
requirements of Section 6.17.
(3) Standards of Evaluation
(a) The project meets all applicable design standards and other
requirements of this Ordinance.
(b) The project meets all service provision criteria as set forth below:
(i) Fire— identifies the primary and secondary responders and the
source(s)of water.
(i i) Police—identifies the primary and secondary responders.
(iii) Rescue services—identifies the primary and secondary
responders.
(Iy) 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
T habitats of rare, threatened, or endangered species as shown on
the biological inventory. Buffer width shall be determined by site
evaluation in consultation with the applicant's biologist and
County staff;
(ii) Habitat enhancements as described in the biological inventory
shall be made for a broad range of species to help mitigate the
loss of wildlife habitat during construction. Examples include:
a. Preserving, planting, and maintaining a variety of native
vegetation (also dead trees and snags):
b. Installing structures conducive for nesting such as bird
houses or bat boxes designed and located for various
species; or
C. Creating wetlands;
(iii) Conservation easements or other acceptable means such as
dedication to a public agency, or conservancy or a homeowner's
association are required to protect wetlands and other habitats
while insuring proper long-term maintenance; and
(iv) Provide barriers or fencing, and signage at the edge of habitat
buffers to prohibit vehicular and pedestrian access. Limited
access may be allowed if proposed in a sensitive manner for
environmental education purposes.
Orange County, North Carolina—Unified Development Ordinance Page 5-178
Article 5: Uses 161
Section 5.22: miscellaneous uses
(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
T between all areas of disturbance and trees to be retained as
shown on the approved landscape plan. A detail of the tree
protection barrier proposed shall be included as part of the
landscape plan submitted with the application;
(iii) Corridors connecting habitats identified in the biological inventory
shall be preserved along streams, buffers, or other wooded
areas. If destroyed during construction, such connections shall
be restored using appropriate plant materials;
(iv) Trees and stumps cleared for roads and building construction
shall either be used for timber purposes or shredded for
landscape mulch, composted, buried or otherwise disposed of
BUT NOT BURNED.
M Berms, fences and landscaping walls may be used with plant
T 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;
(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
T 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.
Orange County, North Carolina—Unified Development Ordinance Page 5-179
Article 5: Uses 162
Section 5.22: miscellaneous uses
(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
T 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
T through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
(i i) 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.
(i) Access
Access to the subdivision and access to lots within the subdivision to
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County.
(k) Maintenance of Improvements
(i) All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance.
(i i) Maintenance specifications, if any, for on-going site management
(including provisions for handling of storm debris in open space
areas) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners'Association
documents.
5.18.25.22.2 uisteri.. cite Non Pesm dential Pe—;eIRfimwe.d 1Is;e 218
(A) Standards fer Class A Special Use Permit
0) Submittal Requirenwrits
In addition to the infermatien required in SeGtien 7 7 the fellewinq shall he
supplied as port of the annl0Gat0GGn:
(a) The site Oan prepareal by an appreproately ImGense.d nrefessienol shall
alse Gentain the fell inr.-
I E)Gatien width and type G aII internal vehoGUlar and nedestrio
GiFG J a GR
cn-crnucTviT
LgGati.,n anrd rdimen�ns r-�f all AGR site �nangc
218 This is an existing land use that is recommended for elimination.
Orange County, North Carolina—Unified Development Ordinance Page 5-180
Article 5: Uses 163
Section 5.22: miscellaneous uses
ndartes of the + d fiq
trtr� v'rrQurti--.rvrzrrc:ui-c rrce�e-rrea,=e�t�;ven�
c+r n�actvrcT
(h) Descrtp+inn of the proposed use of the sots-and the hu mi din s thereen
nGludonci the
Amount ea;;;oeat ed to each-i se.
Number of full and part t6me em vyee�
Number of clients and/or occUpan+s expected- to use the factlit�i
cTv�P�reposed hers of operation far nnnrnsodnnzT ti�al arc not thp-
(c) Buildinq plans for all existinq or proposed structures to include-f[oor
plane elevations and sections showing restora+inn/rehahtl'tafion
prepeserl Descrtp+ion of hew the hietortcal style and nharacter of th
hu'I dtng and/erproperty is to he enhanced
(rd) r a+ten Na at the-same &4hesloe�r�6a,,ad ssa;�e-a,,d tre
e sa,;,�sealQ-a „�
plan shewon isttn er Proposerf trees, shrubs, end Gever and a her
land! cape matertads
(e) Statement from the apprnprta+e pubk senrice agencies ^nn^ernin th
method and adequaGY of water supply and wastewater treat.m.ent fo-r4he
Proposed uses
MStatement from the appropr'ate Public service agencies concernin the
prod of fore Poke and a rotect'on to the s'te and str ct�fires
N,�o� E; and r�S6�le�3�o�cuz�����o the �s
(g) Evidenge that the property is lister) on the National Historic Rents+
re GGCIIR zed by the State of-Ner+h Gareltna a n�es�of rh'Ste F'G in+e re s+
(hl�The prepesed deyeleigment SEhed ale for the s4e
(2)Standards-oU€val afion
(a) The site plan suhmttte.d meets all r eats s dite.d to ecttnns 2.7
and G 17 n(ev�\
(h) Proposed uses and fa^tlt+tes a Gernpdementary and c patthle with
surro„FandoRg area and appropriate 'n the Inca+tnn
�ITr-CTf lid V GC�if OrTproposed�T
idmnq development. The i9ro-pose6use of the histor4G
Stire shall he of se� a ire so as+o preserve the htstortc
F SOT ZfTI �QZi�T"V�N�G J�+r-VTCTf 1�T�LVrTG
6rhr'urr'a6 Pr Af thp SFje h�bu'ldonq. Deyelopnlen 9f-the sit
proposed we-wild haae p ard�ierse impact hevonrl the huilrlinn evnept far
appropriate par *RQae415�.
(G) StFUGt Ural alterations 6f FStOFOG strugturesshall be Of SUG-1 as nature as
presepie the historic character of the hu llding(s)and site
(.d) Fire pndtce and reSGue seFVOGes.
and water supply and wastewater
+rea+men+ methe.ds a a.degua+e to serve the Proposed uses-anrd
faG44es
racrtrrrcT
(e) ReGreatmonal areas, sewige areas, parking and SGreenonq are adequate
for the Prows edd use/s\
(ff) The s'te ms sewed by d:reGt aesess a S+ate m to+atned read-.
(n) Internal yeh'cular and perdestr'an c'rculafnn 's adequate for the propos--d
Expiration any Renewals
Orange County, North Carolina-Unified Development Ordinance Page 5-181
Article 5: Uses 164
Section 5.22: miscellaneous uses
(a) This Class A Special Use Permit if approved shall be valid
but may be renewed o re approve4-by4he Board of Commissioners
-Af+or rer.eivong a repert frern the Planning Department that the u is, Rd
has bee entinueu&K s e it was issued, ORreliance Wmth n
ef+he Spe I Use D '+ The lira., a Geunty Dlannino flenar+ment
zrr�vpcciiarvvc� cnTri�rn cpurcrrTcni
shall OtS-eort Gn the GGMjqliaRGe of the s al u e later than
Sll days before the a ration of the Qnecial Use Permit
(b) The Board of f eu ntv Gemmossmeners shall net r . the SpeGiol Use
Permit if it is determined that the applicant has failed to comply with the
conditions of approvat�e Board of CountV Commissioners does not
renew e permit the permit shell become null and void upon the
expiration of the time limit
lc\ If the Special Use Permit is not renewed o re approper! then the
aIDIDIOGant m submit a new plicatien as if i+yyere a new use.
Orange County, North Carolina—Unified Development Ordinance Page 5-182
Article 6: Development Standards 165
Section 6.9: Parking, Loading &Circulation
SECTION • • : 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 166
Section 6.9: Parking, Loading &Circulation
OFF-STREETTABLE 6.9.7:
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 five spaces,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 five spaces,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 greater
CARE AND EDUCATIONAL FACILITIES
Child Care Facilities One space per staff member and one space per five shild♦-eRclients
9ayEare Center in a Residence One space per staff member and one space per five^hw!dFeRclients
Schools: Elementary Mi,+.+l &C ^ n,+ar., One space per staff member
Preparatory One space per staff member and
One space per four students
Schools:`�^� at,'ena!Technical, Trade, Skill
One space per two students
Trainin
Schools: nan^^, "r+Q "" Performing
Arts S orts and Recreation One space per four students
Schools: Universities, Colleges and One space per three students at design capacity of building(s)
Institutes
i
braryies One space per four se ats21919
d lT�atUses One sparer 200 square foo+ f gross floor area
One^paee r Inn square foo+Of gFOS^floor area; plus five tanking
QonL^ Y. Cinonr.i�l In^fifi�finnc
spaees-per drive in window
Beauty& Barber� nn„^ r 200 square f..+
Country Store One space per 300 square feet of gross floor area
nrive In Theaters nt
219 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 167
Section 6.9: Parking, Loading &Circulation
0"W TABLE 6.9.7: IRKING REQUIREMENTS
IF 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 EstablishmentS220 Restaurant(Carry Out/Drive-in): 15 spaces plus one space per 50
square feet of gross floor area
Nightclub Bar: Ones ace gr 4 seats
Funeral Homes One space per four seats
Garden Center with On Premise Sales One space per 300 square feet of gross floor area
Ha+els Motel Motor I ,,dgesShort 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
La nrlr„&[Dry Heaping CepVioes222 GRe spaGG r 400 s e feet of gross floor area
Metal Co hrioatiep Chop223 flpe spaGe per- plovee
Miornhre...ep...,i+h Minor Events
224
linespaG8 pleyee plus e 6paGe r 409 square feet of
flpe s pleyee plus ospaGe r 400 square feet of
�Aiorehrn...np.with MajorEvents 3 per
re+oilspaGe ene spaGe r 50 square feet of event a
rea
Night Clubs, Bars—, Pubs GRe spaGG Per fe,it coots
llffioes and Personal Qepiiees Class 1225 GRe spaGG r 400 square feet of greys flenr o
Gffi..es and Personal Qepnees !'loss 2 finespaGG r 400 square feet of.,rosy floor a
rea
flffines And- Personal Ceryiees (loss 4 finespaGe r 400 square feet of gross floor a
rea
Repair Qepdoes• Cleotropio& Alapliange fleespaGe r 400 square feet of gross floor a
rea
Res+aurapts. Gary-OW 4 G s pl us o spaGe r 50 square feet of gross floor area
Restaurants:grants• Drive In 15 spaGes, plus ospaGe r 50 square feet of gross floor a
rcc scam-arrcT-�rrrc�rr
finespaG8 er fog�r seats OF e fer every 50 fee+of floor area
Pew+a��ran+�• General
Retail trade,Class 1 226 On spaee r 400 square feet of gross floor area
Retail trade Class 2 nno spaGG r 400 square feet of gross floor area
Retail trade,_i�.a Glass 3 nno spaGG r 200 s e feet of gross floor area
Rural Guest Cstahlishrpep+s• Bed R GRe spaGG r es+MGM, PI USper employee, plus two
227Rmakfas+ spaGGS fafarthe r sii•lepoe
Rural Guest Establishments: Bed & One spaoe per guest room plus one spade per m
s ak employee pl us two-
Breakfastcefua +Inn '
rnvm �r
fleespaGG per guest re PI Us a peF employee,
pI 1s GRe
R,wal G-ies+Cstahlish men+s• G0 ip+ry Ipp a forfew every seats in the resta,-rap+ plus
pls twe s s for the
resodeRGe
Petroleum Products: Storage and Distribution One space per employee
220 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.
221 Space requirement is consistent with existing standards for Bed and Breakfast requiring a minimum of 2 spaces
for residents.
222 Now under the Service Uses section.
223 Moved to Manufacturing,Assembly, Processing and Distribution Uses—Other land use category.
224 Ibid.
225 Now included within the Offices and Financial Services Uses land use category.
226 Moved to a new Retail parking category as detailed herein.
227 Now referred to as Short Term Rental as detailed herein.
Orange County, North Carolina—Unified Development Ordinance Page 6-55
Article 6: Development Standards 168
Section 6.9: Parking, Loading &Circulation
TABLE 6.9.7: 16F T PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Service Uses... One space per 300 square feet of gross floor area
Storage A Warehouse: 'aside Q„i'�i^^of One space per employee plus 1 space for every 10 individual
Goods stora e areas
nno spaGG mnln.,00
Taxidermy One space per 400 square feet of gross floor area
Tourist e flno o r IodgiRg Unit
\%/holen..le Salo? ORe spaGe per employee o shift of maximum nlwmon+
Winery.with I\Aini.r C..on+s llno spaGe peF nlnyee r`L,s G r 300 Square foot of
retail opaGG GR8 spaGe r 50 square foot.,f event o
re
Wineryn.with Major C..nnM flno space per employee plus o spaGe r 300 o o foot of
one SpaGe per 50 square feet of event area
EXTRACTIVE USES
Extraction of Earth Products no requirement
GOVERNMENTAL USE
Governmental or teGtive S r iGesOffices One space per employee on the shift of maximum employment
One
Dnlisn and Cirn Statir\ns no requirerAeRt
Detention Centers230 One space per employee on the shift of maximum employment
Ones ace per 5 inmates held within the facility
Military Installations
National Guard &Reserve Armor no requirement
MANUFACTURING,ASSEMBLY PROCESSING
'Rd StFin�nht One spaoe per employee OR the shift of maximum a pIn�
lRd striol Medi GRe spaGGper nlr,voo OR the shift o nleyrR
lRd striol Heavy GRe spaGG per ernpleyee on the shift r,f maxima im o nlnymon+
Manufacturing,Assembly, Processing, and
Distribution Uses—Food and Other"51 Once space per employee on the shift of maximum employment
Metal Fabrication Shop One space per employee
Microbrewery, preduotien only One space per employee
Printing and Lithography One space per employee
Sawmills One space per employee
Winery, reduetien only 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 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
Research Facility(with and without One space per employee
manufacturing)
228 Existing parking standard moved from Automotive and Transportation to ensure consistency with
recommended changes in the table of permitted uses.
229 This is now the generic parking requirement for all Service type uses.
230 New parking standard for a newly defined land use included as part of this amendment package.
231 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 169
Section 6.9: Parking, Loading &Circulation
TABLE 6.9.7: PARKING REILEMENTS
USE MINIMUM PARKING REQUIREMENTS
H -,i+h cer.4Ges,Medical Uses Under 10,000 MEDICAL
S uare Feet in area One space per 300 square feet of gross floor area
Health Sen„ees 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 CAROG, bile QRe spaG8 per ernpleyee-
Veterinary Hospitals One space per 200 square feet of gross floor area
Offices and Financial Services without a One space per 200 square feet of gross floor area
drive-thru facility
233
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
E
Handball, Racquet Ball Courts Two spaces per court
ball Courts Five spaces per court
232 Staff is recommending changing existing wording to be consistent with recommended changes in the table of
permitted uses. Parking requirements will remain the same.
233 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 170
Section 6.9: Parking, Loading &Circulation
TABLE 6.9.7: 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 Two spaces per 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 aceper employee on the shift of maximum employment
Group Care Facilities One space per two beds;
One space per employee on shift of the maximum employment
Membership Lodg DormitorX, Fraternity, per Ones ace lodging resident member
and Sororityes and fraternities)"' p p 9 9
Mobile Homes One space per unit
Rph.ah'i'ta ve Core FaGilit,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
TEMPORARYLISES
Buildings; Portable See appropriate uses
TRANSPORTATION
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&Repair(Body One space per each service bay and mechanic
shoo
Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area
Motor Vehicles Service s One space per each service bay and mechanic
Parking as orineiple Use SuFfaoe
no requirement
efr, Gt Ur
234 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 171
Section 6.9: Parking, Loading &Circulation
TABLE 6.9.7: PARKING REILEMENTS
FUSE MINIMUM PARKING REQUIREMENTS
Petrelle---r n,o�,,,.+-.. : eS +�"'ge a nR+ n, employee
� 235spaGePostal and Parcel Delivery Services One space per employee on shift of maximum employment and one
space per 800 square 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 acres or more` 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 Aviation One spaoe per four air vehiGles
Assembly FaGility Greater thaR 300 One space per twe-four seats236
Assembly raGil.t,Less s+hen inn One spaGG . twe seats
Cemetery no requirement
Shah
Clubs or Lodges,SGGial One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria One space per employee
Research FaGili+"237 One spaGe per- .,i,,.,00
Research Lands& Installations , Non-Profit no requirement
Rural m Heritage-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
235 Moved to the Services land use category parking standard.
236 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.
237 Moved to Manufacturing,Assembly, Processing and Distribution Uses category.
Orange County, North Carolina—Unified Development Ordinance Page 6-59
172
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 173
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 Manufacturing
Land uses involved with the manufacturing of garments, which can include ready-to-wear and custom
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
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
Orange County, North Carolina—Unified Development Ordinance Page 10-3
Article 10: Definitions 174
Section 10.1: Definitions
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 of persons for the purpose
of observing, listening, or engaging in a service, performance, or activity. Wedding venues shall not be
considered an Assembly Use. Please refer to Retreat Center.
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
238
stadiums,peFfermanGes, speeGhes and/or r__eremenies. The term is intended to inGlude SUGh uses as GGlise ume athIetin Gentere theaters and arenas
Bed and Breakfast 1, 239
See "Rural Guest Establish mento "
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).
Buffer
238 Now part of the definition of'Assembly Use'as detailed herein.
239 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 175
Section 10.1: Definitions
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 3 to '" Children
Use type located within Aa residence 4n whiGhoffering temporaryGhlld--care to clients, including children,
adolescents, and adults, for no more than eight hours in a 24 hour period ;s provided `"'hiGh ;s IGGated on
a publiG state maintained read, and whiGh prevideS Ghold- r.are fer mere thaR three but, ne mere than 12
Gholdren.
Cessation of Use
For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the
use of a structure or parcel of property. A use shall not be considered ceased if the use is being
marketed for sale or other forms of conveyance and documentation of such activities is provided.
Channel
A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of
concentrated flowing water or a ditch or canal excavated for the flow of water.
Orange County, North Carolina-Unified Development Ordinance Page 10-5
Article 10: Definitions 176
Section 10.1: Definitions
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, including children, adolescents, and adults, for no more than
eight hours in a 24 hour period. Care can be offered regardless of the time of day and whether or not
operated for profit. Term 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.
C h�241
by a religious body organized to sustain publiG wership-.
Chemical Manufacturinq and Processing — Pharmaceutical and Medicine241
A land use involved with the transformation of organic and inorganic raw materials bV various processes
for the formulation of pharmaceutical and medical products for eventual distribution and sale off-site.
240 Now defined as a 'Place of Worship'.
241 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 177
Section 10.1: Definitions
Chemical Manufacturing and Processing — Other than Pharmaceutical and
Medicine...
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,, Private...
An establishment operated for social, recreational, fraternal or
charitable purposes, but which is not operated for profit or to render a service which is customarily
conducted as a business.
Cluster Development
A subdivision in which building lots are grouped together through a transfer of allowable density within the
subdivided tract. Cluster development permits more efficient development by creating lots with gross
land areas smaller than those required for conventional lot-by-lot development, yet maintains application
of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot
size reductions be reserved as permanent open space and/or recreation space.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
Commercial-Industrial Transition Activity Node Land
Land near major transportation routes that could be provided with public water and wastewater services
and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office
and limited (not to exceed 25% of any Node) higher density residential uses.
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
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).
242 Staff is recommending including a definition to distinguish between chemical manufacturing associated with
pharmaceuticals and non-pharmaceutical products.
243 Staff is recommending deleting the word 'Private'as there is no practical distinction between public and private
clubs in the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 10-7
Article 10: Definitions 178
Section 10.1: Definitions
• 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
A new or existing facility that is owned or operated by a non-profit group from the community for non-
commercial activity.
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
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 Distribution
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
Orange County, North Carolina—Unified Development Ordinance Page 10-8
Article 10: Definitions 179
Section 10.1: Definitions
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 Processing
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
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.
Orange County, North Carolina—Unified Development Ordinance Page 10-9
Article 10: Definitions 180
Section 10.1: Definitions
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 fare Home, La
A Day Care FaGility 10Gated en a publiG state maintained rGad, whiGh prevides day Gare for me-Fe than five
but fey.fer th-An 4 C. nhildren within a residence
Dedication
A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is
entailed, dedication must be made by written instrument and is completed with an acceptance.
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
protected watersheds when engineered stormwater controls are required. (See also, Best Management
Practices and Engineered Stormwater Controls)
Development
Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials. Also includes any land-disturbing activity which adds to or changes the amount
of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
Development Activity
In the context of property encumbered by Special Flood Hazard Area this term includes any activity
defined as Development which will necessitate a Floodplain Development Permit. This includes
buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools,
docks, landings, ramps, and erosion control/stabilization measures.
Development, Existing
244 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 181
Section 10.1: Definitions
Ditch
A constructed channel, other than a modified natural stream constructed for drainage purposes, that is
typically dug through inter-stream divided areas. A ditch or canal may have flows that are perennial,
intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial
or intermittent streams.
Dwelling, Multi-Family
A building or lot containing three or more dwelling units.
Dwelling, Single Family
A detached building containing one dwelling unit.
Dwelling, Two Family
A detached building containing two dwelling units (duplex).
Dwelling Unit
A room or group of rooms forming a single independent habitable unit with facilities used or intended to
be used for living, sleeping, cooking and eating by one family; for owner occupancy or for rental, lease or
other occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping
facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for
periods of less than one week shall be construed to be lodging units.
Mobile Homes and modular units are to be considered dwelling units under this definition.
EA
An Environmental Assessment.
EA, Completed
An Environmental Assessment that has been accepted by the Orange County Planning Department as
technically acceptable for purposes of this Ordinance.
EIS
An Environmental Impact Statement.
EIS, Completed
An Environmental Impact Statement that has been accepted by the Orange County Planning Department
as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being
reviewed for adequacy by the Orange County Planning Department.
Easement
A grant of rights by a property owner to another individual, group or governmental unit to make limited
use of a portion of real property for a specified purpose.
Eating and Drinking Establishments
Land uses providing for the consumption of food and/or drink to its clientele on or off site.2as
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.
245 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 10-12
Article 10: Definitions 182
Section 10.1: Definitions
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 residential facility as defined in NCGS 168-21 limited to six unrelated occupants not counting staff.2as
Family Play Care Home211
A res'denGe on whiGh GhildGare is provided, whiGh prevideS GhildGare fer ne me-re 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.
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.
246 There has been confusion with respect to what constitutes a 'family care home'. Staff is recommending
eliminating the current definition and simply referencing the definition within State law.
247 The term is no longer utilized and is being eliminated.
Orange County, North Carolina—Unified Development Ordinance Page 10-14
Article 10: Definitions 183
Section 10.1: Definitions
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.
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.
Floating Zoning District; Floating Zone
A zoning district that is defined in the text of the Ordinance but which is applied or mapped only upon the
approval of a rezoning application/petition.
Flood and Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from
any source.
Flood Boundary and Floodway Map (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the
floodways are delineated. This official map is a supplement to and shall be used in conjunction with the
Flood Insurance Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard
Areas have been defined as Zone A.
Flood Insurance
Orange County, North Carolina—Unified Development Ordinance Page 10-15
Article 10: Definitions 184
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.
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
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.
Orange County, North Carolina—Unified Development Ordinance Page 10-17
Article 10: Definitions 185
Section 10.1: Definitions
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
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
ages,P-MGlUding Supe i who are handicapped, aged or disabled and are
undeFg9ing FehabilitatiGR, e.rexte-Rd-ed- a.re provided services to meet their specific needs. This
half way houses,
foster and boarding homes. The following
shall not be eligible for admission to a group e facility:b) Persons adjusting tO Ron prison life, 4RG'uding but not limited to, pre a) Persons add!Gted to or reGUperating from the e#eGtS of an addiGtioR to drugs or alGoho�-,
release,
work probationary pregrams and iu nile deten#in en#ors release,
Orange County, North Carolina-Unified Development Ordinance Page 10-18
Article 10: Definitions 186
Section 10.1: Definitions
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.24d
Group Home
A residential living arrangement providing housing for six to 15 unrelated individuals not requiring
personalized services or supervised living arrangements in order to assure their safety and comfort.249
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 Ranch...
A rural lodge providing overnight accommodations for transient guests seeking a vacation experience
characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining
facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing
holes and swimming facilities.
Habitable Rooms
Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms,
toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms,
and similar areas are not considered habitable rooms.
Hazardous Waste Management Facility
A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery,
or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North
Carolina Department of Environment and Natural Resources.
Health 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.
248 Existing definition being simplified and unnecessary language being removed. By keeping references to the
need for a State license,we can eliminate the denoted superfluous language.
249 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.
2so 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 187
Section 10.1: Definitions
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.
Home Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes/manufactured homes and Temporary
Residential Units for use during the duration of the lease. The term includes mobile home parks
developed under previous permitting requirements.
Home Park Space
A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary
Residential Unit and for the exclusive use of the occupants of said dwellings.
Hotel, Motel, Motor Ledge, Inn, Inn, TeUrISt reUr4251
URitS, er ten er mere dwel!'Rg URitS iRtended primarily fer rental er lease te traRsients by the day er week,
as diStiRgUished frem multi family dwellings, FGGMiRg heuses and residential hetels on whiGh rentals and
leases are fer weekly er 10Rger perieds and E)GGYpants are geRerally residents rather than transients.
Hotel,
Residential
units available fOF OGGUpanGy only for periods of thirty days or lenger, provided, however, that temperary
ledging units fer guests ef regular tenants may be previded in any residential A building or group of attaGhed oF detaGhed buildings Gontain'Rg, in GOmbinat*OR, ten or mere lodging
with number Gf SUGh
nf n rnhor Af tenant IedgiRg Units.252
its limited to 10% o the
2s1 Now part of the Short Term Rental use category.
2s2 Staff is recommending this be eliminated as being overly redundant.
Orange County, North Carolina—Unified Development Ordinance Page 10-20
Article 10: Definitions 188
Section 10.1: Definitions
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
ManufaGtUring & PFOGessing operations that OGGUr entirely indoors and have limited irnpaGtS en
and, paper
suGh as
rentainerc d nardbeard ' ' bags,aR
Industrial, Medium
ManufaGtUF'Rg & PFeGessing eperations that may eGGUF indoors or outdoors and have limited impaGtS
Industrialf Heavy
ManufaGtU ng eperatiens with a greater petential te impaGt surreunding properties, where a
majority or large Gempenent ef the eperatien may eGGUF OR the epen air. SuGh uses may inGlude, but not
be limited to, the fellewing: asphalt mixing plants; Gement manufaGtUring eF PFeGeSsing; GOMMeFG*al feed
PFGGessing (paGking and rendering) plants, inGluding meat, peultry and fish; and, GenGrete mixing plants.
Infiltration
The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from
the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into
drinking water supplies.
Institutional Use
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university,
or government owned or operated building, structure, or land used for public purpose.
Interested Person
For purposes of quasi-judicial hearings an interested person is one who has standing as that term is
defined by applicable North Carolina statutory and case law.
Junk Yard
An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or
dismantled products and articles, such as machinery, vehicles, appliances and the like.
Junked or Wrecked Motor Vehicles
Motor Vehicles which do not display a current license plate or a current registration sticker and which
either: (a) are partially dismantled or wrecked, or(b) cannot be self-propelled or moved in the manner in
which originally intended to move.
Orange County, North Carolina—Unified Development Ordinance Page 10-21
Article 10: Definitions 189
Section 10.1: Definitions
Kennel (Class 1) 153
The keeping of mere than q-im blut IP_q_s than 20 animals of any e ,
OR a paFGel ". . I, f r the purpose of shGWiRg, GOMpetition, hunting, or sport. All animals shall be
owned by the property owneF.
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.
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 Manufacturing
2s3 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.
Orange County, North Carolina—Unified Development Ordinance Page 10-22
Article 10: Definitions 190
Section 10.1: Definitions
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 Finishing
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.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a
proposed project complies with the minimum NFIP requirements for such projects with
respect to delineation of special flood hazard areas. A CLOMR does not revise the effective
Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of
certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise
the effective FIRM.
Level of Service
A qualitative measure that describes the operational conditions or a road or intersection, as defined by
the Highway Capacity Manual. The various service levels are defined by a range from A to F, with A
representing free flow traffic conditions and F representing stop-and-go traffic.
Light, Flashing
A light that intermittently flashes on and off.
Light Source
The point of origin illumination emanates; usually a lamp. Please refer to the definition of Outdoor
Lighting, Lamp for additional information.
Light Trespass
Intrusion of direct light projected from one property or roadway onto another property or roadway.
Livability Space
Livability space is part of total open space appropriately improved and located as outdoor living space for
residents and for aesthetic appeal. Such spaces include lawns and other landscaped areas, walkways,
Orange County, North Carolina—Unified Development Ordinance Page 10-23
Article 10: Definitions 191
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
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 2two 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'.
Massage Practitioner
Any person engaged in the business or profession of massage.
Orange County, North Carolina—Unified Development Ordinance Page 10-30
Article 10: Definitions 192
Section 10.1: Definitions
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.
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
Orange County, North Carolina—Unified Development Ordinance Page 10-31
Article 10: Definitions 193
Section 10.1: Definitions
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 Repair...
An establishment where the following services are available:
a) Body work,
b) Straightening of body parts,
c) Painting, and
d) Welding,
e) Storage ef meterveh+eles not On eperating Genditien.
Motor Vehicle Repair Gar-age 255
An establishment where the following services are available:
?�_raMajor mechanical repairs, including engine overhaul, a-Rd
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;
j) Adjustment and repair of wiring;
k) State motor vehicle inspections; and
I) Temporary storage of motor vehicles not in operating condition while work is being performed
onsite.
Motor Vehicle Service Station 5'
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 sales made
and n ethe
'vrrc�rt"o- mcTr•
a) Sale and seFViGing of spaFk plugs, batteFies and/or distributors and ignition systems pa4s�,
b) Sate seNiGingand repair ef tires, but not reGapping erTeg g;
tam! popes, water heses, fan belts, brake
light
windshield
II i II,
fluid, bulbs,wipers and blades, grease retainers wheel heaF and the like;
d) Radiator Gleaning, flushing an fluid rep�eerneaT
e) Washing and pelishngsuppiic�,f) Greasing en;bFiGati
g) PFeci�rr and Tepa of fuel pumps, oil pumps an.�c`nd_lines;
254 Staff is recommending modification of existing definitions to ensure there is a proper and identifiable
distinction between the various motor vehicle land uses.
255 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.
2s6 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 194
Section 10.1: Definitions
h) Manor adjustment and repair of Ga,;reters;
i) Adjustment and repair of brakes;
j) Emergent repair wiring;
k) Miner adjustments ne ng re+eval of the headEW erankease;
4@lSales of beverages, packaged foods, tobacco products and similar convenience goods for
customers, as accessory and incidental to the principal operations; and
r)DL_Provision of road maps and other travel information to customers;
n) PrevisiA-R of restre-A-^ es and
o) State motor vehicle inspectiona-.
A seFViGe station is net a 'pa.r-age ner a bedy shep. Uses permissible at a sePViGe station de ne
0 RGlude majer meGhaRiGal and bedy werk, straightening ef bedy parts, painting, welding, storage e
automobiles OF tFUGkS Ret on eperating Genditien er other E)peratiens iRvelving neise, glare, smoke, fumes
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
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
Orange County, North Carolina—Unified Development Ordinance Page 10-33
Article 10: Definitions 195
Section 10.1: Definitions
Pollution which enters waters mainly as a result of precipitation and subsequent run-off from lands which
have been disturbed by man's activities and includes all sources of water pollution which are not required
to have a state or local or state permit for discharge into a stream.
Non-Profit Educational Cooperative
fully aGGredited SGheels ef health, edUGatien, SGGial, legal, environmental and/er engineering SGienGes in
M nstitutions ef higher learning (universities, Golleges and teGhniGal institutes). On site faGU!ty developmen
wnrkshnns and fellowship training programs may alse be previded as part of the organizatioWs.
purpese.
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, liGensed by the apprepriate state agenGY fer the Gare of aged er infirmed individuals, that meet
the requirements set ferth in thisOrd-inanee. See Health and Personal Care Facility.258
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.
Office Use
A use of propertyA land uses providing fe -professional and clerical activities associated with the
operation of a business or provision of professional services to clientele.
257 Land use was eliminated as part of this process.
2s8 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 196
Section 10.1: Definitions
Offices 8_ Personal Services, Class V59
QffiGeS and persGRal seFV'Ges that attr;-;r--.t fe-iN n-.r r.lment other than employees,
by the building.
Offices 8_ Personal Services, Class 7
Offices Q_ Personal SeFyiGes f Class 4
OffiGes and personal seFViGes that geRerate high traffiG volumes (> 400 trips/day), and have no adverse
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
A fixture shielded or constructed in such a manner that no more than 2 '/2% of the total light emitted by
the fixture is projected above the horizontal plane of the fixture.
Outdoor Lighting, Direct Light
2s9 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 197
Section 10.1: Definitions
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.
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 Distribution260
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.
Petroleum Product Storaqe and Distribution
The storage of finished/refined petroleum products for sale and distribution including retail and wholesale
activities.
260 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 198
Section 10.1: Definitions
Petroleum Refinery261
A land use engaged in refining crude petroleum into refined petroleum products involving one or more of
the following 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.
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.
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
261 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.
Orange County, North Carolina—Unified Development Ordinance Page 10-38
Article 10: Definitions 199
Section 10.1: Definitions
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 engaged 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.
Recreation Vehicle (RV)
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters (i.e., for 180 days or less)for recreational, camping, travel, or seasonal
use.
Recreational Facilities
A use of property occurring indoors and/or outdoors providing recreational amenities, activities, or
services for compensation. Activities shall include, but not be limited to: sports played on a court,
amusement arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope
climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga
studios, athletic facilities, and gymnasiums.
Recycling of Materials...
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.
262 Definition of a new term. There is an existing facility off of Mt. Herman Church Road in the EDE-2 General Use
Zoning district.
Orange County, North Carolina—Unified Development Ordinance Page 10-39
Article 10: Definitions 200
Section 10.1: Definitions
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 Cai.i1i+v211
health Gard adult supeniisien er rehab.!itatiGn
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.
Reservoir, Class II
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 to a Class I reservoir prior to final entrance to a
water treatment plant.
Residential Development
Buildings for residential use such as attached and detached single family dwellings, apartment
complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages,
storage buildings, and gazebos.
Residential Floor Area
263 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 201
Section 10.1: Definitions
The sum of areas for residential use on all floors of the building measured from the outside faces of the
exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and
below-grade floor areas used for habitation and residential access.
Not countable as floor area are:
a) Open terraces, patios, atriums, or balconies
b) Carports, garages, breezeways, toolsheds
c) Special-purpose areas for common use of occupants, such as recreation rooms of social halls
d) Staff space for therapy or examination in care housing
e) Basement space not used for living accommodations
f) Any commercial or other non-residential space.
Residential Land Area
All portions of a parcel or tract of land intended to support residential development of any classification
(i.e. single-family, multi-family, etc), including accessory uses, and all land necessary to comply with the
provisions of this Ordinance. With respect to subdivisions and Conditional District projects, this term shall
be construed as including streets located entirely within the residential portion(s)of the development,
common open space, lands accepted for dedication for public purposes, and accessory and commercial
uses when developed as part of a mixed use development project.
Residential Use
A use of property characterized by the use of a structure(s)for habitation by an individual, family, or group
of unrelated individuals.
Resources Management Plan
A document and map, submitted as a part of a Major Subdivision, Class A Special Use Permit application
or a Major Subdivision, Conditional District Atlas Amendment with SUP application, that sets forth, in
detail, the location of and the proposed methods for:
a) Protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of
environmentally sensitive areas),
b) Ownership and maintenance of open spaces (common open space, proposed conservation
easements, and landscape buffers)
c) Provision of services (solid waste management to include recycling, storm water management
(temporary and permanent), irrigation systems to include the source of water,
d) The handling of land clearing debris.
Restaurant "'
An establishment whose principal business is the sale of food and beverages to the customer in a ready-
to-consume state, and whose design or principal method of operation includes one or both of the
following:
a) Customers, normally provided with an individual menu, are served their foods and/or beverages
by a restaurant employee at the same table or counter at which said items are consumed.
b) A cafeteria style setting is provided where food, and/or beverages are consumed within the
restaurant structure.
Restaurant, Carry-Out
to consume state, and whose design or method of operation includes the fOIIOW*Rg GhaFaGteFi6tiGS:
a) Foods and beverages within the restaurant building, within a motor veh Cie parked upon the
premises, or at other facilities on the premises outside the building, is posted as being prohibited
r d o Gh prehihi+ien is o+riGtly enfeFGe.d by the restaurateur.
b) Feeds and beverages are usually served iR edible, paper, plaStiG er other dispesal GentaiRers.
264 Staff is recommending keeping the definition of restaurant but eliminating the definitions of Restaurant,
Restaurant-Carry Out and Restaurant Drive-in as these are no longer useful. Proposed standards provide limits as
to where these types of facilities can be located. Please note all restaurant and nightclub operations have been
combined into a new land use category entitled Eating and Drinking Establishments.
Orange County, North Carolina—Unified Development Ordinance Page 10-41
Article 10: Definitions 202
Section 10.1: Definitions
Restaurant, In Drive-
An establishment whose prinGipal b6lSiReSS is the sale of food, and beverages to the GUStGmer on a ready
and whose d86igR, method of eperation, or any pGrtien of whose business inGludes
one or both of they following characteristics:
a) Food and beverages are served directly to the customer n a motor vehicle by a carhop or by
other means which eliminate the need for the GUStOrner to exit the motor vehicle.
b) The GeRSUMPtiOR ef feeds and beverages within a meter vehiGle parked upen the premises, or at
ether faGilities eR the premises eutside the restaurant building, is allewed, enGGUFaged e
permitted.
Detail Class 1265
RP_t_;;41 trat-le, sales, & rent-;;' P_f t_j,_1r;;hlP and r--AAven4eRGe geeds, mPrr-.h;;Pdi,;,z equipmeRt, including maw!
operations to attraGt& serve feW GUstomers eF Glient- other than employees o
GonduGted entirely within a fully enGlosed building with ne eutside storage.
Detail Class 7
Retail tFade, Gales, & rental of durable and convenience goods, merchandise &equipment, including Mao!
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 generator! (200 800 Trips/clay)
Retail Class 3
Retail trade, sales, & rent-al A-f t-11-mable and GonvenienGe geedG, meFGhandi6e &equipment, inGluding mail
order houses, adverse impaGtS GGGur beyend the bound-a ries of the Zoning distriGt and there is a
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
A new er existing-facility operatod by a GOFPeratien a aSSGGiatien of persons e GhUrehes feYproviding
social and recreational purpesesamenities, services, and activities to its clientele. A retreat,.enter may
he awned by a refit a net_fer_prefit a ration
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.
265 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.
266 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.
Orange County, North Carolina-Unified Development Ordinance Page 10-42
Article 10: Definitions 203
Section 10.1: Definitions
Riparian Area
An area that is adjacent to a body of water.
Riverine
Relating to, formed by, or resembling a river(including tributaries), stream, brook, etc.
Road
See "Street."
Rooming House
A host occupied dwelling unit building or group of attaGherd er detaGhed buildings ,.entaining
r Gmbinatien frern three to nine ledging „nitSwhere individual rooms are rented out for occupancy for
weekly or longer periods. Individual rooms do not contain kitchen or cooking facilities for occupant use.or with ut beard, for residents, as distinguished frnrn hAtpll.; and tourist hornes on whiGh rentals are
generally for cla'ly or weekly period
a s and occupancy is by transient0 267
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 EstablmshP4 entS268
A temperary ledging faGility that is compatible to the primary land use ef agFiGUItUre, forestry, epeR spaGe,
or othepNose rural resmdeRtial activities. Rural guest establishmeRtS of three subGategeries based
on intensity and permit FeqUiFernent6, Bed and Breakfast, Bed and- _RrP_akfa;s;t Inn, and Country inn, whiGh
are further definer! helo..y
rp-16tal-irA-M fA-Gilitles, but may provide food seFViGe fer transient guests enly. (Zening Permit)
B. Bed and Rraakfast inn; A business operated in a StFUGtUre whiGh as used primarily for previding
overnight aGGOMmodatiens te the publiG, even theugh the ewner er manager loves en the
premises. The number ef guestreems may range frern feur te ne mere thaR eight. The
establishment c-;h;;" not r-tentann restaurant guestreems are made available to transient visiters. The establishment shall net Gentain
but may provide food qppx'r-.e for transient
guests only. (Class R SUP)G. Country inn, A bUSOReSS, wh'r--.h ar.r.emmGdatiens and dining On a predominately rural area.
Overnight accommodations are available, and a full service restaurant provides breakfast, lun
and dinner to guests and the general public. The number of guestrooms may range from four to
no than 24. The restaurant shall sentain n e than 60 seats. (Class 1 fGTlpr^G�Tr- JLI�QTATTr SUP)
.
Rural Heritage Museum211
267 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).
268 Relocated and contained in the new definition of Short Term Rental.
269 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.
Orange County, North Carolina—Unified Development Ordinance Page 10-43
Article 10: Definitions 204
Section 10.1: Definitions
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 27'
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.27
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).
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.
270 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.
271 This combines all performing arts and/or athletic activities into a central land use category. Standards have
been located in Article S 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 205
Section 10.1: Definitions
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 .19380).
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 272
Temporary lodging facility composed of a building or group of attached or detached buildings composed
of units intended primarily for rental or lease to transients.
A. Short Term Rental Small—Host Occupied: A dwelling occupied by a host, which provides up to
three questrooms for overnight rental or lease.
B. Short Term Rental Large— Host Occupied: A dwelling occupied by a host which provides more
than three questrooms for overnight rental or lease..
C. Short Term Rental — Non-host Occupied: A dwelling which provides questrooms for overnight
rental or lease but is not occupied by a host.-� 3
Sign
272 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 a single land use category.
273 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 10-45
Article 10: Definitions 206
Section 10.1: Definitions
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
A commercial activity attracting at least 20 people at any given time, that typically does not involve
permanent structures, and does not occur more frequently than seven days in a 30-day period or more
than 50 days per year. Examples of special events are craft shows, small festivals, concerts, medical or
veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as
picnics or receptions sponsored by a restaurant or caterer.
Activities which are not included in this definition include:
a) Events of a personal or non-profit, nature such as family reunions and church activities;
b) Farm-related or rural events such as horse shows, 4-H events and auctions; and
c) Fund-raising events for non-profit organizations.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as
determined in Section 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;
Orange County, North Carolina—Unified Development Ordinance Page 10-56
Article 10: Definitions 207
Section 10.1: Definitions
(c) Refining and/or blending vegetable oils;
(d) Manufacturinq shorteninq and margarine; ardor
(e) Blending purchased animal fats with vegetable fats..-274
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure (including a manufactured home)on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
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
274 Staff is recommending adding a definition of this new land use to ensure we properly reference all activities
including within the category.
275 New definition of existing land use.
Orange County, North Carolina—Unified Development Ordinance Page 10-57
Article 10: Definitions 208
Section 10.1: Definitions
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)
Rec)m er building where an art is taught, praGtiGed er studied, er whe're A r-raft Ar predUGt 06 maRually
wood and loa;thor nra anon glass blowers, weavers, and silversmiths See School- Performing Arts,
Sports and Recreation.
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
Orange County, North Carolina-Unified Development Ordinance Page 10-60
Article 10: Definitions 209
Section 10.1: Definitions
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Custodial Care Unit
A transportable residential structure facilitating a caregiver's provision of short or long term care for a
mentally or physically impaired person that is primarily assembled offsite, has no more than 1,000 gross
square feet, and complies with applicable standards of the North Carolina State Building Code and/or
Department of Housing and Urban Development(HUD). Temporary custodial care units shall not be
installed on a permanent foundation and shall be classified as an accessory use to an single family
detached dwelling unit. Includes mobile homes and temporary health care structures.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing
temporary residential space during the installation of a replacement mobile home or construction of a
stick-built or modular residential unit on the same lot, and for 30 days after the issuance of Certificate of
Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi-
permanent foundation.
Temporary Residential Unit
A residential unit occupied for no more than 180 days and connected to temporary utility services. The
term includes recreational vehicles, travel trailers, recreational park trailers, FEMA trailers, etc.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
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. i
Tourist Home...
A building or group of attached or detached buildings containing, On combination, three to none lodging
units far occupancy for claily or weekly periods, with or without board, and primarily for occupancy by
transients, as diStiRgUished frem reerning heuses, in whiGh GGGUpaRGY is primarily by residents rather thaR
276 As we are combining several land uses into a single category,staff is recommending a new definition of Theater
to accommodate all such activities.
27 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 10-65
Article 10: Definitions 210
Section 10.1: Definitions
systems for electrical system shall not exceed 45,000 volts; the distribution system for liquids or gases
are those operating at pressure of less than 100 pounds per square inch.
Variance
A relaxation of the literal terms of this Ordinance where such variance will not be contrary to the public
interest and, where, owing to conditions peculiar to the property and not the result of actions or the
situation of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue
hardship. A variance is authorized only for the dimensional controls of this Ordinance; establishment or
expansion of a use otherwise prohibited shall not be permitted by a variance.
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 may include grooming and short-term boarding as
incidental uses.
Veterinary Clinic, mobile...
and
' 'treatment of anialo in o r!a of merlinal er s urninal attention m
278 Use was eliminated as part of this amendment process.
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Article 10: Definitions 211
Section 10.1: Definitions
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 facilities may provide emergency medical services during
and outside of normal business hours. Overnight care may be provided when it is necessary for the
medical treatment of the animal.
Violation
The failure of a structure, use or development to be fully compliant or is inconsistent with any provision of
this Ordinance. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this Ordinance is presumed to be in violation until such time as
that documentation is provided.
Volume/Capacity Analysis
The procedures used to compare the volume of a roadway or intersection approach to its capacity
(maximum number of vehicles that can pass a given point during a given time period). The procedures
are described in the 1965 Highway Capacity Manual, Highway Research Board Special Report 87.
Walls, Primary
Walls containing primary windows and/or main exterior entrances to individual living quarters when
directly facing the primary wall or other living quarters.
Walls, Secondary
Walls containing only secondary, or secondary and tertiary, windows.
Walls, Tertiary
Windowless walls or walls containing only tertiary windows.
Wastewater Treatment Facility
A system of wastewater collection, treatment, and disposal in single or multiple components, including
ground absorption systems, non-discharge systems, and systems that discharge effluent to the surface
waters, and any other system as may be permitted by the Orange County Health Department or the State
of North Carolina. (ref. NCGS Article 11, Chapter 130A)
Waterbody, Perennial
A natural or constructed basin that stores surface water permanently at depths sufficient to preclude
growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries, and oceans. For the
purpose of stormwater provision of this Ordinance, the waterbody must be part of a natural drainageway
(i.e. connected by surface flow to a stream).
Water-Dependent Structure
Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its
basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-
dependent structures.
Water Feature
A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence
of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent
streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands,
and natural drainage ditches (non-ephemeral).
Water surface elevation (WSE)
The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the
floodplains of riverine areas.
Watercourse
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Article 10: Definitions 212
Section 10.1: Definitions
A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage
may occur.
Water Supply, Public
A water supply system that serves a city or town located partly or entirely within Orange County that has a
population in excess of 2,500.
Water Supply Watershed (or Protected Watershed)
Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or
stream intakes which have been designated for protection. All such lands have been classified by the
Environmental Management Commission as WS-II, 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. '
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
279 New definition clarifying what the County considered Wholesale trade.
Orange County, North Carolina—Unified Development Ordinance Page 10-69