HomeMy WebLinkAboutPlanning Board agenda 032019 ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
9� faro
r ^ n
t z
lT � i2
Fz
;�artli �astl'��o
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 20, 2019
Special Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 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
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.
3. CHAIR COMMENTS
Page( Agenda Item
4. 3-210 UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS -
REORGANIZATION OF TABLES OF PERMITTED USES -To continue review of
and 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 Countyjudicial decision and modify
other sections to ensure consistency within the ordinance. These
amendments are scheduled for BOCC public hearing on April 16, 2019.
Presenter: Michael Harvey, Current Planning Supervisor
5. 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).
3
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 20, 2019
Action Agenda
Item No. 4
SUBJECT: Continued Review of Unified Development Ordinance (UDO) Text Amendment
- Table of Permitted Uses
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Summary of Changes Michael D. Harvey, Planner III (919) 245-2597
2. Statement of Consistency Craig Benedict, Director (919) 245-2575
3. UDO Text Amendment(s)
PURPOSE: To continue 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.
BACKGROUND: As indicated during the March 6, 2019 meeting, 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. Agenda materials for this meeting can be viewed at:
http://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 03062019-815
During the meeting, staff provided revisions incorporating modifications requested by the County
Attorney. Attachment 1, which was provided at the meeting, summarizes the modifications now
contained in an updated Attachment 3.
Board members expressed concern over proposed modification(s) to Section(s) 2.10.3, 2.11.3,
and 5.3.2 adding language establishing a `burden of proof' for variances, interpretations, and
special use permits. Specifically, there was a concern over the term `burden of persuasion'.
Action on the amendment was deferred, with a request that staff from the County Attorney's
office attend tonight's meeting to address concerns, summarized as follows:
1. Board members wanted to know why the language needed to be incorporated and what
issue said language was intended to address;
2. The Board did not understand what `persuasion' meant in the context of the proposed
amendment(s) and expressed concern it would establish an undue burden on applicants;
3. Concerns were expressed over a lack of discernable/definable standards outlining what
constitutes `persuasion';
4. Members expressed concern requests (i.e. variance, interpretation, special use permit)
could be denied simply on the determination of a Board member (i.e. Board of
4
Adjustment or BOCC) an applicant, even with the submittal of expert testimony and
material evidence, had `not convinced me' a proposal complied with the UDO.
Planning staff has requested a member of the County Attorney's office be present to discuss the
issue(s).
As a reminder, the amendment package was further modified to incorporate changes requested
by the Planning Director at the March 6, 2019 regular meeting. Specifically, staff incorporated
`retreat centers' (i.e. assembly land uses providing commercial rental space for events) as a
permitted use within the:
• Neighborhood Commercial (NC-2);
• Community Commercial (CC-3);
• General Commercial (GC-4);
• Economic Development Buckhorn Low Intensity (EDB-1);
• Economic Development Eno Low Intensity (EDE-1); and
• Economic Development Hillsborough Office/Retail (EDH-4).
If action on the amendment(s) is taken this evening, the proposed amendments are expected to
be on the BOCC's public hearing agenda on either April 19 or May 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 revised UDO Text
Amendment package, 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).
5
Attachment 1
STAFF GUIDE TO REPLACEMENT PAGES—WHAT IS BEING CHANGES AND WHY
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page 15 of agenda packet New Section 2.10.3 entitled County Attorney was concerned
'Burden of Proof over the legal sufficiency of UDO
(Page 2-36 of UDO) without language outlining what
the burden of proof of an
applicant for a variance was.
Staff has added this language,
which includes references to an
applicant's 'burden or
persuasion'the proposal
complies with the UDO.
Page(s) 16 through 19 of agenda Section references have been Action on adopting amendments
packet updated due to adding a new need to reflect the re-numbered
Section 2.10.3 as outlined above section(s)
(pages 2-37—2-41 of UDO)
Page 20 of agenda packet New Section 2.11.3 entitled As indicated with the change to
'Burden of Proof Section 2.10.3, the County
(page 2-42 of UDO) Attorney was concerned over
legal sufficiency of UDO without
language outlining what the
burden of proof of an applicant
for an interpretation was.
Staff has added requested
language.
Pages 20 through 21 of agenda Section references have been Action on adopting amendments
packet updated due to adding a new need to reflect the re-numbered
Section 2.11.3 as outlined above section(s)
(pages 2-4—2-43 of U DO)
Page 27 of agenda packet Identification of change to The current draft shows the
Section 5.1.1 Prohibited Uses. following language 'but not
(page 5-1 of UDO) deleted'as existing text. It is
not. The revision is necessary to
ensure we are capturing the
proposed amendment property.
6
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page 53 of agenda packet TOPU:
1. 'Retreat Center' is being • Retreat center is being moved
moved; to the 'Assembly' land use
2. Sweepstakes Cafe/Parlor category to ensure property
is being deleted; reference to all assembly
3. 'Theater' is being occupancy land uses;
moved. • Sweepstakes is being
eliminated as the County
Attorney is concerned
including same creates a
conflict with State law;
• Theater is being moved to the
'Assembly' land use category
to ensure property reference
to all assembly occupancy
land uses.
Page 54 of agenda packet TOPU:
1. Numbering scheme for • As we deleted land uses,the
land uses has changed; numbering scheme has
2. The 'Dormitory, changed and needs to be
Fraternity, and Sorority' properly referenced as part of
land use is being the amendment package;
eliminated. • Land use is being deleted as it
has been deemed to conflict
with other residential land
use categories.
Page(s) 55 through 58 of agenda TOPU:
packet 1. Numbering scheme for • As we deleted land uses,the
land uses has changed. numbering scheme has
changed and needs to be
properly referenced as part of
the amendment package.
Page 58 of agenda packet TOPU:
1. Numbering scheme for • As we deleted land uses,the
land uses has changed; numbering scheme has
2. Staff has combined changed and needs to be
Wholesale Trade into a properly referenced as part of
single land use versus 2 the amendment package.
(Durable and Non- • Uses were permitted the
Durable Goods). same, no need to distinguish.
7
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page(s) 59 of agenda packet TOPU: • As we deleted land uses,the
1. Numbering scheme for numbering scheme has
land uses has changed; changed and needs to be
2. Added 'Place of Worship' properly referenced as part of
as a new land use; the amendment package.
3. Relocated 'Retreat' and . We are now going to
'Theater' land uses. distinguish 'Assembly' land
uses from one another. As a
result, staff has to add the
'Place of Worship' (i.e. a
church)
• Land uses relocated as
originally indicated.
• Per request from the
Director, Retreat Center land
uses added to several general
commercial zoning districts.
Page(s) 60 through 61 of agenda Numbering scheme for land uses As we deleted land uses, the
packet has changed. numbering scheme has changed
and needs to be properly
referenced as part of the
amendment package.
Page 62 of agenda packet Adding language to Section 5.3.2 County Attorney was concerned
establishing 'Burden of Proof for over legal sufficiency of UDO
Special Use Permits. without language outlining what
the burden of proof of an
applicant for a variance was.
Staff has added this language.
Page(s) 64 through 66 of agenda Revisions to Special Events • Submittal language being
packet (Section 5.4.3) revised to ensure we are
1. Edits on submittal getting required information;
requirements to ensure • County Attorney has
we are asking for what indicated staff does not have
we need to review discretion to wave or modify
request; the UDO. Offending language
2. Edits on standards of being eliminated;
review to eliminate 'staff • Special Events are not
discretion'; allowed through a SUP
3. Elimination of SUP process. So the language is
references. redundant and unnecessary.
8
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
JL
Page 71 of agenda packet Elimination of 'Dormitory, As originally indicated,the land
Fraternity, and Sorority' use is being deleted as it has
standards. been deemed to conflict with
other residential land use
categories. If someone wants to
develop such a use it will either
be a Rooming House;Multi-
family;or reviewed as part of a
Class A SUP for a College as
detailed in the UDO.
Page 76 of agenda packet Amendment to Section 5.6.8 Attorney recommended
Class 11 Kennels to change changing language to ensure 'all'
working in subsection (h) on permits are obtained versus
permits from Orange County what was listed.
Animal Services
Pages 76 through 80 of agenda Modification of language for Section 5.6.9 (C)Standards of
packet Short Term Rentals. Evaluation as originally proposed
had discretionary language
related to staff review/approval.
As previously indicated,the
County Attorney has informed
staff we do not have discretion
to wave or modify the UDO.
Offending language being
eliminated;
Page 81—again discretionary
language being eliminated. Staff
is also eliminating references to
compliance with various
provisions of the UDO (i.e.
parking, landscaping, etc.) as it is
redundant.
Page 83—staff is eliminating
references to 're-approval of an
expired SUP'. If an SUP expires,
current regulations require a
resubmittal of the application.
There is no reason why a Short
Term Rental should be treated
any differently.
9
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page 95 of agenda packet Amendment to Section 5.7.5 to The Retreat Center land use is
remove references to 'Retreat being relocated.
Center'.
Page 101 of agenda packet Amendment to move 'Theater' As previously indicated the
to the Assembly land use 'Theater' use is being moved to
category. the Assembly land use category.
Pages 141 through 151 of Amendments to the Assembly Previously noted
agenda packet land use category:
1. Clarifying setbacks for
land uses
2. Adding 'Retreat Center'
and 'Theater'
Pages 149 through 150 of Relocation of a site plan
agenda packet requirement for a 'Retreat
Center' from 'Standards of
Evaluation'
Page 151 of agenda packet Movement of standards for
'Theater' originally located in
recreation to this Section.
Page 172 of agenda packet Revising definition of Assembly County Attorney suggested
Use to ensure legal sufficiency eliminate references to 'wedding
venues' as the use was now a
part of the 'Assembly' land use
category.
Page 175 of agenda packet Revising definition of Club/Lodge County Attorney suggested the
to ensure legal sufficiency definition be:
'An assembly land use,
operated by a non-profit
group, for members and
guests'.
Page 176 of agenda packet Revising definition of Community County Attorney suggested the
Center to ensure legal sufficiency definition be:
' „embly land use,
operated by a non-profit
group, as a non-commercial
activity.'
10
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page 180 of agenda packet Change in definition of Family It was determined the definition
Care Facility to address legal should reference applicable
sufficiency concerns. State law without qualifiers.
New definition reads as follows:
racimy wnicn meets the
wefinition of a family care
home NCGS 168-21.'
Page 183 of agenda packet Change in definition of Group It was determined there was
Home to address legal superfluous language in the
sufficiency concerns. definition that could have
caused confusion or conflict. It
was eliminated.
New definition reads as follows:
'A residential living
arrangement providing
housing for six to 15 unrelated
individuals other than a Grou
Care Facility.'
Page 195 of agenda packet Add definition of Place of Place of worship defined as:
Worship
'An assembly land use
Primarily providing meeting
areas for the support or
religious activities, services
and study.'
Page 196 of agenda packet Address inconsistent Staff had originally defined the
terminology as it relates to term as 'Recreation' Vehicle
referencing a 'Recreational' while it is referenced within the
Vehicle TOPU as 'Recreational Vehicle'.
The amendment adds the 'al' at
the end of'Recreation Vehicle'.
11
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page 199 of agenda packet Revising definition of Retreat County Attorney suggested the
Center to ensure legal sufficiency definition be revised as follows:
'An assembly land use
operated as a commercial
activity.'
The rationale being this land use
is now considered to be an
assembly use operated as a
commercial activity thereby
ensuring adequate distinction
from other assembly land uses
(i.e. club/lodge, community
center, etc.).
Pages 201 through 202 of Definition of Schools After reviewing with the County
agenda packet Attorney, it was determined
language needed to be added to
each definition concerning
adherence to standards
established by the NC
Department of Public
Instruction.
The inclusion of this new
language is an attempt to
differentiate between the
various learning centers and
provide greater clarity as to
'what'type of school is allowed
under each individual category.
Pages 202 through 203 of Tweaking of definition of Short Originally staff had included a
agenda packet Term Rental central definition of the term
'Short Term Rental' consistent
with how the UDO addressed
'Rural Guest Establishments'. It
was decided this definition was
superfluous and it was
eliminated.
12
PAGE BEING MODIFIED WHAT HAS CHANGED WHY
Page 204 of agenda packet Modification to the definition of There is regulatory language
'Special Event'. establishing time limits on this
land use in the definition.
It is being eliminated as there
are already references to same
in Section 5.4.3
Page 208 of agenda packet Tweaking of definition of Adding language to clarify what
Theater activities are allowed within the
land use category.
Page 209 of agenda packet Tweaking of definitions for Vet To ensure proper distinction,
Clinic and Vet Hospital staff has added language
indicating a vet clinic will not
involve overnight care while a
vet hospital might.
This is trying to ensure we are
properly distinguishing between
the land uses.
13
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.
14
The Planning Board hereby adopts this Statement of Approval and Consistency as well
as the findings expressed herein.
Lydia Wegman, Chair Date
Article 2: Procedures 15
Section 2.10:Variances
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.3 Public Hearing and Notification Requirements—CUD and CZD
The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7.
SECTION1
2.10.1 Purpose
The procedures of this section authorize the Board of Adjustment to modify or vary regulations of
this Ordinance when strict compliance with the regulation or standard would result in unnecessary
hardships upon the subject property.
2.10.2 Application Requirements
(A) Applications for a Variance shall be submitted on forms provided by the Planning
Department in accordance with Section 2.2 of this Ordinance. Ten copies of the
application and supporting documentation shall be submitted.
(B) Applications shall include:
(1) The section reference, and copy of the existing regulatory language, that is the
subject of the application,
(2) A description of the specific modification sought by the applicant. For example, if
the request is for a modification of a corner lot setback requirement, the applicant
shall provide the exact reduction of the established corner lot setback requested
as part of the application,
(3) A plot plan, site plan, or other similar document(s)denoting the physical impact
of the proposed request on the parcel,
(4) A narrative outlining the answers to the five required findings detailed within
Section 2.10.3 of the Ordinance justifying the issuance of the variance, and
(5) Copies of any additional information deemed essential by the applicant justifying
the approval of the request.
2.10.3 Burden of Proof
Applicants shall have the burden of establishing by competent material and substantial
evidence, in the form of testimony, exhibits, documents, models, plans, and other
materials, that the application meetings the requirements for approval of a Variance.
Further, the applicant shall have the burden of persuasion on those issues.
1 As staff was completing review of the amendment(s)with the Attorney's office,a concern was expressed over
the legal sufficiency associated with the burden of proof for applicants of variances, interpretations,and special
use permits. The Red Underlined Bold Highlighted language,which was added after the Planning Board package
was put together, represents staffs proposal to address this matter and bring the ordinance into legal sufficiency
per direction from the County Attorney.
Orange County, North Carolina—Unified Development Ordinance Page 2-36
Article 2: Procedures 16
Section 2.10:Variances
2.10.32.10.4 Authorized Variances
A variance may be approved by the Board of Adjustment in cases where unnecessary hardships
would result from carrying out the strict letter of the Ordinance, when substantial evidence in the
official record of the application supports all of the following findings:
(A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not
be necessary to demonstrate that, in the absence of the variance, no reasonable use can
be made of the property.
(B) The hardship results from conditions that are peculiar to the property, such as location,
size, or topography. Hardships resulting from personal circumstances, as well as
hardships resulting from conditions that are common to the neighborhood or general
public, may not be the basis for granting a variance.
(C) The hardship did not result from actions taken by the applicant or the property owner. The
act of purchasing property with knowledge that circumstances exist that may justify the
granting of a variance shall not be regarded as a self-created hardship.
(D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance,
such that public safety is secured and substantial justice is achieved.
2.10. 2.10.5 Additional Criteria for Authorized Variances-Special Flood Hazard Areas
In addition to the criteria contained within Section 2.10.3, any application for a variance from the
flood regulations shall abide by the following additional criteria:
(A) Variances may be issued for the repair or rehabilitation of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(B) In considering variances from the requirements of the flood regulations, the Board of
Adjustment shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this Ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to Orange
County;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the Orange County Comprehensive Plan
and floodplain management program for the area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges; and
Orange County, North Carolina—Unified Development Ordinance Page 2-37
Article 2: Procedures 17
Section 2.10:Variances
(12) The request for a variance is not after-the-fact or for a situation of one's own
making.
(C) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(D) Upon consideration of the factors listed above and the purposes of this Ordinance, the
Board of Adjustment may attach such reasonable conditions to the granting of variances
as it deems necessary to further the purposes of this Ordinance.
(E) Variances shall not be issued within any designated floodway or non-encroachment area if
any increase in flood levels during the base flood discharge would result.
(F) Conditions for Variances:
(1) Variances may not be issued when the variance will make the structure in
violation of other Federal, State, or local laws, regulations, or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(3) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in
exceptional hardship;
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances; and,
(d) That the circumstances on the subject property are unique to the subject
property and not to properties in general.
(G) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE)and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced reference level
elevation. Such notification shall be maintained with a record of all variance actions.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the FEMA and the State of North Carolina upon request.
2.10.52.10.6 Additional Criteria for Authorized Variances-Watershed Protection Overlay
District
(A) Minor variances for dimensional requirements of the Watershed Protection Overlay District
may be approved by the Board of Adjustment in accordance with Section 2.12 of this
Ordinance.
(B) The Board of Adjustment may approve variance applications to allow the use of off-site
septic easements for lots created before January 1, 1994, and for non-conforming lots of
record.
(C) A description of each project receiving a variance and the reason for granting the variance
shall be submitted for each calendar year to the Division of Water Quality on or before
January 1st of the following year.
(D) All other local governments having jurisdiction within the watershed area and the entity
using the water supply for consumption shall be notified of the variance application at least
15 days prior to action on the application. The Planning Department shall notify other
local governments via first class mail.
(E) Modifications of the Impervious Surface Ratio
Orange County, North Carolina-Unified Development Ordinance Page 2-38
Article 2: Procedures 18
Section 2.10:Variances
Modifications of the Impervious Surface Ratios may be requested through one of the
following provisions:
(1) Through variance procedures of the Board of Adjustment, as described in this
subsection (2.10.5).
(2) Through approval and recordation of a conservation agreement, as provided in
Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County
and a land owner that prohibits development of land in a protected watershed in
perpetuity.
(a) In such cases, a modification of the required impervious surface ratios
may be approved administratively but only to the extent that additional
land in the same watershed is conserved or protected from development.
In such instances, the land that will be subject to a conservation
agreement must be adjacent to the land proposed for development and
for which a modification of the impervious surface ratios is sought.
(i) As an example, a person owning a 40,000 square foot lot and
subject to a 12% impervious surface ratio would be limited to
4,800 square feet of impervious coverage. If the person's plans
called for 5,500 square feet of coverage (a difference of 700
square feet), the recording of a conservation easement on 5,833
square feet of contiguous property would satisfy the impervious
surface ratio requirements. (12% of 5,833 square feet is 700
square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, in form, be approved by the County Attorney.
(c) The conservation easement shall, upon its recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes)and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(i) Orange County shall require the priority of the conservation
easement to be certified by and attorney-at-law, licensed to
practice law in the State of North Carolina and approved to
certify title to real property by a lending institution (bank or
savings and loan association)doing business in Orange County.
(d) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement.
(i) The document shall be signed by the Orange County Manager,
upon approval of the Orange County Board of Commissioners.
(ii) No such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the
Register of Deeds of Orange County.
2.10.62.10.7 Procedure for Certain Stream Buffer Variance Requests
Requests for variances from stream buffer requirements within 50-feet from the top of the stream
bank shall abide by the following procedure:
(A) The Erosion Control Officer shall make a finding of fact as to whether the following
requirements have been met:
Orange County, North Carolina—Unified Development Ordinance Page 2-39
Article 2: Procedures 19
Section 2.11: Interpretations
(b) Upon the State Environmental Management Commission's approval with
conditions or stipulations, the Erosion Control Officer shall issue a final
decision, which includes these conditions or stipulations.
(c) Upon the State Environmental Management Commission's denial, the
Erosion Control Officer shall issue a final decision denying the variance.
(F) Requests for appeals of determinations made by the State's Environmental Management
Commission that the requirements of subsection (A) have not been met shall be made to
the State's Office of Administrative Hearings.
2.100.72.10.8 Unauthorized Variances
(A) Other than stream buffer variances outside of the first 50-feet from the centerline of a
stream, the Board of Adjustment is not authorized to grant variances to any of the
standards of:
(1) Article 7 - Subdivision Design and Improvements,
(2) Section 6.15 - Erosion and Sedimentation Control,
(3) Section 6.14- Stormwater Management, and
(4) Section 6.16- Environmental Impact Reports
(B) The Board of Adjustment is not authorized to grant a variance that would permit a use in a
district where that use is neither a Permitted Use nor a Special Use.
2.10.82.10.9 Review Procedures
(A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment
in accordance with the procedures contained in Section 2.12 of this Ordinance.
(B) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application.
(C) The assessment shall be introduced at the hearing and become part of the record.
210.92.10.10 Findings of Fact
(A) Required findings of fact, as listed in Section 2.10.3, shall be made in the indicated order
by the Board of Adjustment.
(B) The Board of Adjustment is not empowered to grant a variance without an affirmative
finding of fact supported by substantial evidence in the record of proceedings before the
Board.
210.102.10.11 Conditions of Approval
The Board of Adjustment may impose appropriate conditions provided that such conditions are
reasonably related to the variance.
210.112.10.12 Notice Requirements
Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6.
,SECTIONINTERPRETATIONS
2.11.1 Generally
An appeal from an order, requirement, decision or determination of the Planning Director shall be
decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of
this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner
so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to
vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts.
Orange County, North Carolina—Unified Development Ordinance Page 2-41
Article 2: Procedures 20
Section 2.11: Interpretations
2.11.2 Application Requirements
(A) Applications for an appeal of an interpretation of a decision, file determination, directive,
Notice of Violation, or other similar determination shall be submitted on forms provided by
the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of
the application and supporting documentation shall be submitted.
(B) Applications must be received by the Planning Director no later than 30 days after the
decision, file determination, directive, Notice of Violation, or other similar determination
was made.
2.11.3 Burden of Proof
Applicants shall have the burden of establishing by competent material and substantial
evidence, in the form of testimony, exhibits, documents, models, plans, and other
materials, that the application meetings the requirements for approval of a Variance.
Further, the applicant shall have the burden of persuasion on those issues.
Stay on Further Proceedings
(A) An appeal to the Board of Adjustment from a decision or determination of the Planning
Director stays all proceedings in furtherance of the decision or determination appealed
from, except as provided herein.
(B) An appeal to the Board of Adjustment of a determination or decision of the Planning
Director shall not stay further proceedings in furtherance of the decision or determination
appealed from, if the Planning Director certifies to the Board of Adjustment in an affidavit
either:
(1) A stay would cause imminent peril to life or property, or
(2) The situation appealed from is transitory in nature and, therefore an appeal
would seriously interfere with enforcement of the Ordinance.
(C) In either instance, the Planning Director shall place in the determination facts to support
the conclusion if(B)(1) and/or(B)(2) are invoked.
(D) If(B)(1)and/or(B)(2) are invoked, and approved by the Board of Adjustment, enforcement
proceedings shall not be stayed except through the issuance of a restraining order issued
by a court of competent jurisdiction. If enforcement proceedings are not stayed, the
appellant may file a request for an expedited hearing of the appeal.
2.11. 2.11.5 Review Procedures
(A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the
Board of Adjustment in accordance with the procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application. The assessment shall include all
relevant facts utilized in rendering the disputed decision and the rationale for the
interpretation made by the Planning Director.
(D) The assessment shall be introduced at the hearing and become part of the record.
z As with proposed changes in Section 2.10 dealing with the burden of proof for variances,staff is adding language
in Red Underlined Bold Highlighted text denoting a change made after the March 6, 2019 Planning Board packet
was completed to address a legal sufficiency concern made by the County Attorney.
Orange County, North Carolina—Unified Development Ordinance Page 2-42
Article 2: Procedures 21
Section 2.12: Board of Adjustment
(E) Upon hearing all evidence associated with the application, the Board of Adjustment shall
close the hearing and render a decision on the matter to affirm, modify, or reverse the
decision of the Planning Director.
2.11.52.11.6 Findings of Fact
The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order
to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the
necessary justification for the Board's action based on the testimony and evidence entered into
the record during the hearing.
2.11.62.11.7 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.12.6 are not
applicable to applications for an appeal of an interpretation.
SECTION 2.12: BOARD OF ADJUSTMENT
2.12.1 General Provisions
(A) The Board shall act on all applications before it.
(B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director
at its next regularly scheduled meeting or at a special meeting called for that purpose.
2.12.2 Quasi-Judicial Proceedings
(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended that
its proceedings be conducted as formally as those before courts.
(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to
protect the interests of all parties and the public.
(C) The presiding officer shall administer oaths to all witnesses and shall make rulings
necessary to preserve fairness, order, or proper decorum in any matter before the Board
of Adjustment. Any person who, while under oath during a proceeding before the Board,
willfully swears falsely is guilty of a Class I misdemeanor.
(D) Any member of the Board of Adjustment or any interested party may object to, and the
presiding officer may exclude, any evidence, testimony, or statement that is deemed
incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably
address the issues before the Board of Adjustment.
2.12.3 Evidence and Testimony
(A) Interested Party
(1) Any interested party may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(2) Any member of the Board of Adjustment may question any interested party.
(3) Persons other than interested parties may make competent, relevant, and
material comments.
(B) Subpoenas
(1) The Board of Adjustment may subpoena witnesses and compel the production of
evidence.
Orange County, North Carolina—Unified Development Ordinance Page 2-43
Article 2: Procedures 22
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.
• REASO
MIATION
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
3 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.
4 Per applicable State and Federal Law, local governments are required to make reasonable accommodation to
land use regulations/policies to accommodate disabled or handicapped persons. The County's Attorney office is
recommending we adopt and implement a new procedure to ensure legal compliance with this requirement. The
provisions have been modeled on surrounding municipalities/counties who have already addressed this issue.
Orange County, North Carolina—Unified Development Ordinance Page 2-71
Article 2: Procedures 23
Section 2.23: Day Care Center in a Residence reasonable accomodation
provide a person with a disability or handicap an equal opportunity to a dwelling of his or
her choice.
(D) Nothing in this section requires persons with disabilities or handicaps, or operators of
family care homes, or group homes for persons with disabilities, or handicaps acting or
operating in accordance with applicable zoning, licensing or land use laws or practices, to
seek reasonable accommodation under this section.
2.23.3 Other Regulatory Obligations
A reasonable accommodation shall not affect an individual's obligations to comply with other
applicable regulations not at issue in the requested accommodation.
2.23.4 Pre-Application Conference
If an individual needs assistance in making the request for reasonable accommodation, the
Planning Department will provide assistance to ensure that the process is accessible. Applicants
seeking reasonable accommodation may request a pre-application conference with the Planning
Director to discuss the procedures, standards, and regulations applicable for submittal of an
application. Such requests shall be made at least 10 days prior to the date of submittal.
2.23.5 Application Requirements
(A) An application for reasonable accommodation shall be submitted in accordance with
Section 2.10 and include the following additional information:
(1) The current actual use of the property;
(2) The basis for the claim that the applicant is considered disabled or handicapped
under federal law;
(3) The UDO provision(s)or regulation(s)from which reasonable accommodation is
being requested; and
(4) An explanation of why the reasonable accommodation is necessary to make the
specific property available for the individual.
2.23.6 Review
Applications shall be processed in accordance with the provisions of Section(s)2.10 and 2.12 of
this Ordinance.
2.23.7 Action by the Board of Adjustment
(A) Each decision shall be accompanied by a written finding of facts by the Board of
Adjustment which specifies the reasons for the decision; and
(B) The Board of Adjustment may prescribe whether the reasonable accommodation is
granted to the applicant or shall be allowed to pass with transfer of property.
(C) The Board of Adjustment may approve the request, deny the request, or continue the
request. In approving the request, the Board of Adjustment may prescribe reasonable and
appropriate conditions provided that the conditions are reasonably related to the request.
2.23.8 Findings
(A) In granting a reasonable accommodation request, the Board of Adjustment shall find
based on competent, material, and substantial evidence, that the proposed
accommodation:
(1) Will be used by an individual or individuals with a disability or handicap protected
under federal law;
(2) Is "reasonable."An accommodation is reasonable if it will not undermine the
Orange County, North Carolina—Unified Development Ordinance Page 2-72
Article 2: Procedures 24
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 Regake lerats5
+he Dlannin., rlireG tGF en fl,rw,o n .,ided by the Dlannin., Denar+men+
rharan+erio+ins are d'SGIeoed
(C) An appliGation shall indude a plot plan that adheres to the requirements of SeGtions 2.
anrdGQ 5.8.1.
ter.
ef the appliGatien to be made. The review shall determine if the prepesed day Gare Genter on a
re-sidepr--e- fA-.r 3 te 12 Ghildren r--.A-.nfn-.rrnq-with all requirements ef this QrdinanGe. Based en the
review, the a nlina+ien will he a ied appreved with nendi+ienc r denier!
2.23.32.23.10 Conditions of Approva 17
(A) If Genditiens are attaGhed te the approval, they may address defiGieRGies on meeting
speGifiG Ghapter requirements er they may address speGifiG irnpaGtS whiGh result frern the
nnera+ien of the day rare r• nter in a residenr•e far 4 +e 12 nhild-.r
0) Hows ef enera+inn,
(3) Numberof vehTeles to be pad en the er se
(4) The leGation of a stele areas parking n thepFeperty-.
5 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.
6 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.
After conferring with the Attorny,staff is recommending deleting the entire provision and will not recommend
moving same to Article 5. While previous comment(s)from Planning Board members and elected officials caused
us to reevaluate this recommended,staff and the Attorney believe the change is necessary to ensure legal
sufficiency in how other conditions for various land uses are handled.
Orange County, North Carolina-Unified Development Ordinance Page 2-73
Article 2: Procedures 25
Section 2.24: Governmental Uses
The Planning DireGtor may require greater setbaGks and/or additienal landsGaping or
from adjeinino properties$
7 7Z A AnnliGatien AppfGyal
(A) if the appliGation is approved, either with or without Gonditions, the PlanRing DiFeGtor sh
send the appliGant a letter inferming horn er her A-f the appreval and ef the requirements e
this Ordinance that apple to the day care enter in sirdence fer Z to 17 children
(B) The letter must be signed by the appliGant te indiGate his er her willingness te eperate the
nd condmtions sot forth in the letter
(G) EaGh letter shall be kept OR file by the Planning DireGter and shall Genstitute the appr
for the day core reenter in a residence for 4 to 17 children in o estien
7 7Z 5 AnnliGatien denial
if the application is denied, the Planning Director shall notify the applicaRt ef the deRial and shall
state the reasons for menial in writing.
Anneal Ceyoew
Each day care c nter on a Fesidenee fe-r 2- te 12 Gh*!dFeR approved by the PaRRiRg D4FeGteF shall
evaluation forsuch facilities 9
9 9Z 6 Miner Changes to Approval
eriginal approval and provided that any Ghange in the operation GOMPlieS with the standards of
evaluation a SpeGified in Sectien 5.8.1.
Changes in Operation
not Gomply with the standards for evaluation as speGified in SeGtion 5.8.1 shall Gonstitute a
modffiGation and shall require the approval of a Class B SpeGial Use Permit by the Board of
Adjustment under the previsions of Sectien 2.7 of this Ordinance
9 9Z 4 AnneaThe appliGant may appeal the deGision of the Planning DireGtOF tO the BE)ard Of Ad UstMent as set
forth in Sectien 2.27.
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.
8 Staff will be eliminating discretionary language for this particular land use..
9 Staff is concerned over requiring/allowing for annual inspections of a permitted use. We do not engage in similar
inspections for other similar permitted uses and do not believe there is essentially a need to do so for this use.
Orange County, North Carolina-Unified Development Ordinance Page 2-74
Article 3: Base Zoning Districts 26
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)10 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.
io 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
27
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. z
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
yy In the Planning Board packet for the march 6,2019 regular meeting,the Bold Red Underlined Highlighted
language was shown as existing text. Unfortunately it is'new'text we are adding. Staff has corrected the error
and is supplying this replacement page to ensure proper reference to what is occurring.
12 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 28
Section 5.1: Establishment of Use Regulations
inherent nature, extent and external effects, require special care in the control of their
location and methods of operation.
(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)13 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,
13 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 29
Section 5.1: Establishment of Use Regulations
(z) Motor Vehicle Repair Garage,
(aa) Petroleum Products: Storage & Distribution,
(bb) Research Facility,
(cc) Residential Hotel (Fraternities, Sororities, and Dormitories),
(dd) Sawmills,
(ee) Stables, Commercial
(ff) Stockyards/Livestock Markets,
(gg) Storage of Goods, Outdoor,
(hh) Waste Management Facility; Hazardous &Toxic, and
(ii) Wholesale Sales.
5.1.5 Key to Permitted Use Table14
(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.
14 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 30
Section 5.2:Table of Permitted Uses
•
5�1 Table of Perrnmtted Uses General Use Zoning Districts
TABLE OF PERMITTED U`S USE
Es—GENERAL CC ZONING r11CTR1l�TC
* SE
Use may not epeRn:tted as a Conditional Use District; ee Sestien 5.1.4(F=)
n Allowed as more than one principal use located on a bona fide farm (see SeGtion 6.2.5)
AnrinUIt iral Prenec n Conility...
Brie It oral oreoessin., rnnili+., rnmm AY-A
Cold Storage-F-acMy A
(`OMM Uni+.i C.�rm cl nA.�rLe+n
Composting Operation, no-g4nding- A
P`emne..+inn nneFatie will n n+in _ A
Geeperative Farm Stand n
Equestrian renter A
Farm Equipment Rental Sales andSeFv+--
FaFm SuPlere
Coors n�illl—
Meat Drenessing Cnnili+.. G()FnF.Unuty n
noon+orenessin Fanai+., Regional — A
Non Corm Use of Corm Eq it men+n
Stables Gemmernial— $ $ $ $ g
SteGkyards /I i.ec+enL Markets— _
(`onto n a Res.0de n P-a for Z+e 17 Gh'Idr * * * *
II iLOhr;4 ows
A
Cnheels: Donne Art A_ MUSIn
Cnheels: ClemeRtaF i Middle u. ce..endar„ A A A A A A A A A A
SGheells VGGat'E)RaaI
I Ini„ero i+ieo Colleges ti. Inc+i+i�+ec
COMMERGIAL USES
BaRkS R Finonr of Inc+'+ +'O
Beauty O_ Bafber Cheno
Geuntry e
Orange County, North Carolina—Unified Development Ordinance Page 5-5
Article 5: Uses 31
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES—G—ENICOA1 I SE ZONING DISTRIGTS
*-Pr-RRn"1TTr-^v Usr- rAc—C, Ass rAc SPECIAL USE Rv=GLASS o SPECIAL USE 9-5UBjEGT TA RRE61A- S:rAwi,ARr)s
,.. 161138 m e+hen mi++ed as o Conditional Use -D's+r's+• See Section G 4 A!C\
n
-Drive In Theo+ere._.
Funeral I-Domes_.
, encrl-vcnte_.
Hotels A_ Motels_.
I„ .— A A A
Kennels, Class !! -n a s 9 a 9 a
Laundry 4_ Dr.,rleaRine cen,ines
Massage --us'ness of
Micrehrewery with Manor Events n $ $ $ g $
NightGI uhs Qors Duhs
Qf iG s &De of Qe /'`Lo s 4
OfFiees &Personal Qendses Class 2
(1fFin.,e. Q_ Dersenol Cen,iees !'`less 4
Renoir Sen,ise Cles+rnn'n R. nnnlionse
Rest—a uran+s: Drove In
Restaurants: General
RetailGlass 4
Retail zlass 2
Retail,iv
Rural Guest Cs+nhGshmen+: Bed Q_ Breakfast n
Dural Guest Cs+nhGshmen+: Bed A_ Qreo Lfos+ Inn n 13 9
Dural Guest Establishment: Go un+n,Inn-A A A
Sex u ally 0r0en+eel Q-is in esses
Studie p,{\
Tee id my-A 13 * * x
Tn sic
\miner„with Miner G„en+e n 13 13 $ $ $
GvTowrrn,o I lsEs
C.hroe+ie.n of. Earth bred ie+s ... A A A A A
!_nvoor.uwl or.ITn l 11���
(_e n+ol Facilities Y. /Dffiee—Ruildin
Orange County, North Carolina-Unified Development Ordinance Page 5-6
Article 5: Uses 32
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES—G—ENICOA1 USE ZONING DISTRIGTS
*-Pr-RRn"1TTr-^v Usr- rAc-C, Ass rAc SPECIAL USE Rv=GLASS o SPECIAL USE 9-5UBjEGT TA RRE61A- S:rAwi,ARr)s
�I Se may Rot be peeFmitted as a Conditional Use District; See Section 5T.^¢€)
n
Fn
r vPrnmentol oretprt fe SenyiGes /PeIiGe& Fire
Stations) Pe a Sq adS VOIUn+e r Fir * * * * * * * *
Departments
Military ins+nlln+ /nl + al Guard u_ o - ---
* * * *
MAUI Ie AGTURING AsSEMBl v 9_PROGESSING
Assembly and PaGkaginy. (lnero+inns Insli lrlinn
Distribution and Mao! Ord- LJeI uses -- +Cvnl Idling
OR Premises Peteil Outlet,,
Industrial, Heavy_.
lRd istriel Light-
A 13 13 * * * It
Printing 4_ I i+hey-.rnnh.y
Sawmills—
Winery, nred Intien Only A
13 13 It
A A E-D 1 EG.A.1-USES
Health Se er n Ann Sq C+
Health ServiGes: Under 10--000-9q—F4-
* x
'fir
V8teFiRaFy Gli 13 It
V8teFiRary-Gfif 13 B It
\/r,+n y LJe niMls
Renee ATIGN A 1 USES;
Botanical Gardens&AFberetums
* * * * * * * * *
ramp/Retreat renter $ g g
Golf Driving en,+ PreGt'Ge RaPkes $
Parks i Ihlinlhlin * * * * * * * *
Perre +i n I FaGili+iec $ $ $ $ $ $ $ $ $ $ $ $
Gol Se.wse A A A A A A A A A A A R A A A A A
Ree.neuTIAI Iced
Dwelling; Multiple Family
Dwelling; &Oqle� It 2t
Dwelling;
CamilyGire Home * * * *
f_reI In Gore Cenilihy $ $ $ $ $ $ $ $ $ $ $ $ g g
Orange County, North Carolina—Unified Development Ordinance Page 5-7
Article 5: Uses 33
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES—G—ENICOA1 I ICE ZONING DISTRIGTS
*-Pr-RRn"1TTr-^v Usr- rAc—C, Ass rAc SPECIAL USE Rv=GLASS o SPECIAL USE 9-5UBjEGT TA RRE61A- S:rAwi,ARr)s
,.. 161138 m et be mitr!e o a Conditional Use Distr'n+• Coo Section G 4 A/E\
A
Rehohilitotive Gore Eorility
Rps;1HPnti 1 Hotel /Ern+ ties SeFeritie d
�c'rr-l--rvccr\--ruceKl�islco�vrvrrcrc$7-i-.rrry A A A A A
Re n Heuse
TELEGOMMUNIGATIONS
Tefeesmml�neat"'r'Te.A.er Stealth (75 feet nr
* * * * * * * * * * * * * * * * * * * * *
TeIeeemmUnientien Towers(Over 75 feet and u nder
Tole emm nir ,+ion T.&Nerr. (200 feet and hinher) L A A A A A A A A A A A A A A A A A A A A A
TEMPO AR I sEs
Temporary Mobile Herne /I Ir.e d Urinn
no+rnptien/inotalla+inn of permanent r sides+ial i nit
* * * * * *
and fer 40 days fellewing issuanGe of f er+ifino+e of
AI ITnnfinTniE/TrAucrOrTAT'ON
Bus PasseRger-�
Bus Terr..inolc
M n-ter Freight Terminolo...
A.Ae+er Vehicle 4 Repair(Bads ChGp —
Meter
Motor Vehieln Sales /Rental (New 4_ Used) It
Parking As Rrinnipal Use, S urfane or C+ru of ure
Petrolleum-PrcwCS: Ce Psi--Distrih� Linn — :t
Deotol A Rarnel Delivery Ceni'r
es
IITA IL
v '�-ri=iTicv
Elevator!Water Storage TaRks $ g g g $ g a g a g g g g g g g g g
C+o+iGRG,Telenhene Evphanr eo Water Q_ Sewage A A A A A A A A A A A A A A A A A A A A
TreatmentRlan+o
Clef.+rii Gas, and Liquid Feel Transmission Lines g g g g g g g g g g g g g g g g g g g
`�Inr Arra.. I acne Eaeility $ $ $ $ $ g g $ g $ g g g $ $ $ $ $ g
�lar rr PubliG Utility A A A A A A A A A A A A A A A A A A A
WASTE MANAGEMENT =1
1 andfills /2 Arse r Meru- A A A A A A FA
Orange County, North Carolina—Unified Development Ordinance Page 5-8
Article 5: Uses 34
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES—G—ENICOA1 I SE ZONING DISTRIGTS
*—Pr-RRn"1TTr-^v Usr- rAc—C, Ass rAc SPECIAL USE Rv=GLASS o SPECIAL USE 9—5UBjEGT TA RRE61A- S:rAwi,ARr)s
I Ice m of ben mit+ed a a Conditional Use Dis+r'n+• Coo Section G 4 A!C\
Landfills (I oss Than 2 Asres\.,.
\A/as+e AAnnanomon+C-.nili+.r Hazardous s 9_Teem_. A A
MISGELIANEGUS
Ai per+sGeneral Avid inn Heliports, C.T.0 A A A A A A
Assembly Casility(_rooter Than 400
Assembly Casilit y Less s Than 200
GhUFGh * * * * * * * * *
- - - - - - - - - - - - - - - - - - -
Clubs or edges; SnaE;al• Fraternal or I IClubhous
GOMMUROtYACeRtef
Crematoria—
ui,+ori,.Sites Nen_DesidentiallMixed Use A A A
Ke eIIs6,�Qlass&
Desearsh and AAonufarfi Arian Casil
Dn oh Canility
Desearoh Lands St. install,+inns Alon r,r.,f+
Dural Heritage Museum
ID�iral Cneoial Cvon+s A
ene,.ial EVents n e than �n�
Orange County, North Carolina—Unified Development Ordinance Page 5-9
Article 5: Uses 35
Section 5.2:Table of Permitted Uses
2 Table of Pewlifted Uses— ftenwnie. Development Districts
*—PE —CI Ass A SPECIAL —CLASS B AL USE C—
Shall he noted o emtla Di CI I (e.g., ErIR_2 GU)
Note:The HmIlsborough EDD utilizes Sector Numbers as Defined the North American industry Classification System (NAICS), 2012 Version
Zen:^9 Atlas �stac�
Acelc'u T'IR-A I lsec
Animal hesni+al/veterinarian `# `#
n Ker.n�� 1, Class G
1lennel Class II
GerisTRusTleN
Building oontraGtGrs
Dens+rue+inn (ceGtor 23)/ualshereugh EDD only;
all aotovotmes must be wholly within building)
Rlnw.hingv heating. electrical, s ar Rd mil tragJe
* *
n+racte - -
FINANEE
QanLssavings and Ina and credit unions
Credit agenGies and institutions
Finance& Ins-'ran a(Cecter 52-)
Inrriers and agents
Real estate agent-.-; and hre Lers
9#+6es - - -GOVERNMENT USES
C-evernmental facilities and office buildings
* * * * * * * *
Governmental nre+ec+iye s s (Polig.e and fire
stations, reswe ads and volunteer fire
RarLs u bl'n
R -hI'c Admin's+ratien (Sector 92)
WFORMATtON
I nferm a+inn /Center ti14
11AANUFAGTURINe AsSEMBL v Q_PROGEScuNn
Electronic Equipment(see listing. helGw)
CommuniGa+ions e en+
Electric lighting and.. on+
Electric transmissionand das+rihu lien
Electrical industrial apparatus
Orange County, North Carolina—Unified Development Ordinance Page 5-10
Article 5: Uses 36
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED USE$-G/`ANA11 is DEVELOPMENT ENT DISTRICTS
*-PERMITTED USE A—CLASS A SPECIAL USE B—CLASS —
Shall vex noted vrrZoning-Atlas as"Zoning DiStfl Gt" CL) (e.g., F=DQ
Note:The HallsbGFGUgh EDD R-en-ter Numbers as DefaRed 'n the North Amer'Gan industry GlassifiGation System (NAIGS), 2012 Version
Clan+renie n ants A-Rd a
Household a plianees
Radio and television me-Fit
Cahrieah-d RAetaI Pred lets /coo lis+inn heleui\
Cutlery and hap.++eels
Cahriea+ed stnuefiural metal nrerLie+s
Heating equipment, a ep+aloe+rie and
* *
warm air; and plumbing fixture
Metal Gans and shipping non+ni
Nuts, belts SGFGWS, Fivets, Rd washers
Feed Preflne+s (see listing helew)
Bakery
Bottling
plants
---Dawy
Mis ellanee61s feed n ration• .,
eeffee reacting, ondirnen+s
'industrial MaGhinery(see Gs+ingbelGw)
Engines and turbines
Carm/garden Fnaehinera and a en+
General industrial machinery and
equipment; a urifiga+ien a en+
ball and roller bea#ngs-_etc-
Me+alweFkin nery and a en+
OffiG nU+ing and a n+ing
I
,,,-�a hvhinc^ o - -
. Cpeeial industrial rnaehinery; a textile
instruments (see listing bolo...\
Measuring alyzk- n.+non+rolling
s +i-ss - -
Phe+egraphio me.+ieal Rd ep+ieal goe(!s
\A/atehes and eleGks
Paper Prod W+s (see listing bebw)
Converted pap8F
pfGdUGtS
Paperheard oen+..more.and haves
R irnit,ire and Fixtures(see listing heleu�
He sehold and effiee f unit Ure _
Orange County, North Carolina-Unified Development Ordinance Page 5-11
Article 5: Uses 37
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED USE$-G/`ANA11 is DEVELOPMENT ENT DISTRICTS
*—PERMITTED USE A—CLASS A SPECIAL USE B—CLASS —
Shall�rvll be noted on Zoning Atlas as"Zoning QFstFiGt° 6L) (e.g—€BQ
Note:The HallsbGFGUgh EDD witilizes Sen-ter Numbers as DefaRed 'n the North Amer'Gan industry GlassifiGation System (NAIGS), 2012 Version
AAisnollononi,s f-irnifi pro and fixtures
Printing and Publishing Establishments
R, hhRr and Rloc•+ir,Rrnd,Ints /coo lis+inn be4G a\
AAicnollonora Is peas+is r Fed In+s• G
Rubber- footwear
Ru bber nn.! nlns+is hose and bel+'n
Stone, Glass, Clay, and Go rete Products (s—
listing below)
Flat glass
Glass and glassware
Pottery and related pradUGt6
Trnnr•r er+otinn Equipment/see CsRnn h.,kAy)
Misnollanee is tronsnnr+o+L.n o nn+•
Mnb.rn G!e hiGyGIes and parts
AAi6nellnne9 us Mangy Mast gyring Industries (see
listing belew)
le�aelni n.t sB....r...nr
AAionollaneo us m ni�fo nfi�rinr. inrl��s+rips•
ns+ rne jewelry, novelties, buttons,
F et , ��
�Asis.•,I ins+rmen+s
Pen peAnits r.AGG Rd artists nl'e
Toys, i.r+inr. and athlo+in goods
C�ro�nTlnwl
NOW—
Arts, Cn+nr+ninmen+ Q_ Rosrontinn /Con+nr 74\
RESFBENTIAA6
f We"inn nIo_family
DweIlinn fian_fan*
Dwelling, LJ+i f ", /R 47 nits n aGre on the
Hillsborough EDD)
* * *
Dwelling, multi family/6i units n aere as art of
mixed use development; maximurn of 25 of
Dwelling, multi family(at units n re) G#
Dwelling, ebiln home/Car replor ement of
existing mobile horne,
Orange County, North Carolina—Unified Development Ordinance Page 5-12
Article 5: Uses 38
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED USE$-G/`ANA11 is DEVELOPMENT ENT DISTRICTS
*—PERMITTED USE A—CLASS A SPECIAL USE B—CLASS —
ft Shall he ne+ed en Zening Atlas as"Zening DiStFiGt" GI I (e.g., ChB 2 (`I I)
Note:The Hmilsborough EDD utilizes SeGtGF NumbeFS as Defined in the Nor-th Amekan industry Glassifioation System (NAIGS), 2012 VeMien
Temnerary I Ice of o Rec denial Mehile He _
RETA16
Caren a %t sales G# G
MAtor vehicle c s+at'o G# G
Motor yehielec Rew nrl used, ales and rental G# G
NiohtGl ibc bore nr1 pubs
(Only asaGGessE)ry e+e hotel motel o
DestaUgnats (earn, out and general)when Innate.+
e building, ur+or nlaZa retail store,
Restaurants /Garry_eu t and o rol\in rote
Restaurants /drive in)in separate free standing G#
Retail Trade (Centers AA AC• exGlu Dine Subseeter
AGA Alr.n_ctere retailers)/(lnly Hillsbereugh EDD
Retail trade sales;and- rreenttal of durable and
go
ods, reanse and equipment, G#n ,ease * *
nL d'no mail order me hdi
hey use in a separate free
Retail tFade, and ireintal of durable and
eerie rehanrlise nr1 a en+
eL inane mail order hey ice when beater i
e build-Mg, i in o plaza er neloserl moll
SERV4GES
AGGOmmodatmon and Food Service (Seotor-72))
/Ca+'n nrl dFiRk'n establishments a permitted
* *
only a aGGeSSOFY e to hotel motel e
Administrate e & CUn art Ceryineo /Center FRS\
Assembly fae'li+t, inn or more peMon eapaoity G
TZT
Assembly fae'lity_less than 300 nGFSGR Gap
Beauty and barber ohms
Gh�he
Clubs and ledges and c al fraternal and unien
eeuses G# S# G# G#
(omen, nit„neater A A A A
Day rare facility
Ed yea+ienal Cen,ines (Center--"
Orange County, North Carolina-Unified Development Ordinance Page 5-13
Article 5: Uses 39
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED d SE$—ECONomic DEVELOPMENT ENT DISTRICTS
*—PERMITTED USE A-CLASS A SPECIAL USE B-CLASS -
#Shall be noted on Zoning Atlas as"Zoning D.°StFiGt" rl I (e.g., ten❑ 2 rl I4
Nintp-The Hillsbarough EDD utilizes Seotor Numbers as DefaRed 'n the North Amer'Gan industry GlassifiGation System (NAIGS), 2012 Version
FUReral herv.es G# G#
(_elf driving and n amine ranges
Health Care& Qenial Assistanne Seater�
Health AGPdGGS, inGluding don+ers and dentists
effines nrd merlin-+I A-nd- dental laheratn-roes
Hntels and mn+els G#
indoor theateFs G#
Large e day n e home
Laundry,nrdry dry gleaning and shee r
Il ihr�s
Management of f Gmpanies A_ Cnternrises /Qenter
* * * *
63)
G#
Other effines and personal �.
a++ernevs iatnh and fe iedry r ' ter
nd data n employment
* * * *
nrd tro�iel.�genGies, advertising ageRGies,andaGGOu
n+inr. eRgineering, rnhi+enti oral nrd
Professional Snientifin R.Tenhninal Sennnes
Renre-.+ien-.I faGili+ieS
Renoir sendne edentrenin and o nlianne G# G#
Researnh fonilifii
* nay * x
Cnheeln elementary, Fnid dle nrl high A A
G# G#
Other Sewines /I-dillshereugh EDD nnly\
To
Bus terminals anrd g G#
Postal and n el delivery s
Rail/bus passenger—shelter
Serfage and stru Oure narking as PFORGipal
/\A/hen associated with a local a regieRal
* * *
transpeFtation goal SUGh as Fnass transit or park
TDADE
Whelesale Trade(Qentnr 42)
Orange County, North Carolina—Unified Development Ordinance Page 5-14
Article 5: Uses 40
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED USE$-G/`ANA11 is DEVELOPMENT ENT DISTRICTS
*—PERMITTED USE A—CLASS A SPECIAL USE B—CLASS —
it Chall he noted en Zening Atlas as"Zoning DiStFiGt" GU (e.g., ChB 2 (`I I)
sborough EDD utilizes SeGtGF NumbeFS as Defined in the Nor-th AmeFiGan industry Glassifioation System (NAIGS), 2012 VeFSion
Durable Geeds (coo listing below)
Automotive .Darts ands .lies (in an
Clee+rienl n girls
Furniture and home f,r shin
gs
Hardware plurnbipn,
nrl bee+inn
nt and supplies
Lumber mbar and e+hn ns+nu ration materials
Maehinnr., a n+ an.J s nGes
Qnpv+inn ational phetenraphio Rd
hobby goods; toys and supplies
, * *
Alon_f1,era hle Goods (see listing-be"
Apparel and pieGe goods
Beer,wine, and distilled alcohol'
beverages
Grpeeries and related-products
Paper and paper redUGts
Dharmane� +innls and n e+ins
MISGELLANEGUS
AoE)eSSGFY uses
Glee+rip Gas Rd Liquid dd Fuel Transmission lines
Cle.,aterl..,a+er s+n rape tank
(Permitted a aGoessery use without Special Use $ g g
uis+erie buildings non siden+ial/mh.ed A A A A
D ,bl'o Utility s+a+'o nrl sub statwGR6 eltoh'n
A A A Astatwens, and telephone eXGhapges
* *
Darl'o nd tole n transmitting Rd reGeiviRg
+e,e�ers
Solar ArrayLarge a Caeili+., $ g g g
Solar Array Publio Utility A A A A
Storage of goods, eutdeer-s
\A/at.or andsanitary sewer sta+iens
Orange County, North Carolina—Unified Development Ordinance Page 5-15
Article 5: Uses 41
Section 5.2:Table of Permitted Uses
3 Table nf Pprmmttpd I'Seg—Conditional Zoning districts
* PERMITTED USE
A
AGRIG 11TIIVAI 1ls�s
AnriGUItural Pronessing FaGirt., rommUnity
AnriGUItuFol Se o Uses
Cold Storage FaGW
romm�snit„Form ' MArl,et
Gernposting Operation, no griRding
remnesting Operation with g main,. A
Cooperative Farm Stand
Equestrian repter
Farm Equipment Rental Sales and Sep,iee
Corm Supply Stere
Feed moil
G Feenhouses with On Promises Sales
Meet PronecciRg Cooilit., (`orv.n ip4
Meat Pri.nessinn Cenility, Peoionol A
Alon_Corrr. Use of Cnrm Equipment
Stables, Commercial
CtGGkyards /I i.esteGk Markets-A
f enter'n o Residence for Z to 12 Chiidren
Child fore Facilities
I 'bFar'es
Non Profit EdUGational Cooperative
Cohools, Dance Art Q_ Mush
Cnheels• Elementary, Middle A_ SeGendary
Universities, Colleges 4_ Ipstifihos
!`OMMEonl A I USES
BaRks Q_ Cinonnol Institutions
Beauty&Barber Shops
ron6tFUGtion (ceetor 13)
reptraGters B uilcl# . u.Tr„ae
GFe -
Orange County, North Carolina—Unified Development Ordinance Page 5-16
Article 5: Uses 42
Section 5.2: Table of Permitted Uses
TABLE AC PERMITTED USES CONDITIONAL ZONING DISTRICTS
* PERMITTED USE
A
FmnaRG R_ In ( enter 97
Funeral Hernes
Garden Center with On Premises Sales
Hntph; R. AAe+Plc
Insuranee Garrie s R_ Aeea+s
Kennels Glass I
Ilennels Glass II
I a Unary R. Dry Gleaning Sendees
Management of Companies R_ Enterprises iceGter�
Massage Business of
MierehreweF y udth Minor EaPnts
�AinrehrP...Pr....d+h er Events A
NightGl ubs Bars Rnhs
Offices R_ Rersenal Sepdeecl Glass 1
Offices R. RPrsenal Sendees Gloss 2
Offices R_ Rersenal Sendees Class 2
P-refessienalo�ce#i„ic8.Tesknmeal�ew;ses{�este,
Real Estate Agents R_ Brakers
Repair Sepdee Eleotrenie R. Appranpe
Restaurants. GaFF) n +
Restaurants: nri„e In
Ree���r-wets- Gpnpr;;'
Retail, Class
Retail, Gloss 2
Re+a �
Rural Guest Establishment: Bed R. Breakfast
Rural Guest Establishment: Berl R_ Breakfast IPA
Rural Guest Estahlishrnent: GPun#y Inn
Storage of Goods, GutdOGF
Sterage e�,..r WarehO psi • Inside B��ilrlinr.
�^7
Taxidermy
Theater 'RdOer er 0 hrle r/inG6 wrung DFwVP_insl
Teuris Home
Wholesale Trade
Orange County, North Carolina-Unified Development Ordinance Page 5-17
Article 5: Uses 43
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED USES CONDITION A.L ZONING DISTRICTS
* PERMITTED USE
A
Winery with Minor Events
Winery with MajG Cven+s A
CvTe Agrnie I Is
ExtFara+men of Earth Prod rats
GOVERNMENT-A6USE-6 EL
Governmental Cerailities&Offi%QrliWings
f_e..rarnmen+.J Dre+en+i..e Confines /Delirae fL Fire C+n+ions\Desral ie
* x
Squads,\/elunteer Fire Dene.+men+s
MilitaFy Installations(National Guard Q_ Deserve Armory)
D-Ihlira A,+r„inic+re+ign (Cartel-92-)
MAUIIeAgTIlaulr ASSEMBLY Q_DeGgessu.Ir
I
Assemhl..ran!! Dnn. -'ng Operations Inraluding Distribution and
Mail Order Houses, But Exoluding On Premises Retail Outlets
lRdustrial, Heavy
Industrial, ht
IRdustrial Medium
Mani Ifa Gt Ir g /Center 31 22\
Mirarehrewery, red Ira+ien onIII
DharmaraeU+iGal brad Ira+s
Printing A. I i+hogranhv
Sawmills
Winery, preduGtien only
AAEBIEA�-�sE&
Heal+h Cenliraes. Over 10,000 Cg C+
Health Cennraes• Under 10 nnn Cg C+
Veterinary rrnie
Veterinary Glinig mobile
Ve+erinaFy Hospi+als
RECREATIONAL USES
Arts Entertainment A_ Deoreatien (Center 714
-Re+aniraal Ganions& Arhereturns
Camp/Retreat Center
(_olf driving and Prantine Dapges
Guest arhl
Do Fks' DI1hlira
Deerea+ional Fa Gil Ries
Orange County, North Carolina—Unified Development Ordinance Page 5-18
Article 5: Uses 44
Section 5.2:Table of Permitted Uses
TABLE AC PERMITTED USES CONDITION A.L ZONING DISTRICTS
* PERMITTED USE
(A
GVtYbtlwse
Dare Track (Motorized etc.)ant! Go Kart Track Cae'Hties
Rrs1ner.ITIAI l loco
Dwemng• Mobile ueme
Dwelling; Multiple- Camil..
flvielling' Single_Family
Dwelling;T.. Family
Fa ;- ra e ueme
Dehahilitafve!'`are Caei6ty
Residential Hotel (Fraternities Sererities, an,t nermi+er
Re g He
Temporary Residential IJRit
TELEGOMMUNIGATIONS
Teleeemmun'Gatien Tower Stealth (76 foot or shorter)
Teleeernrn--nieatien Towers (150 feet in height g shorter)
Telenemmunieatien Towers (greater than 150 in height)
TEMPORARY USES
Buildings, Dertahle
Temporary Mobile Heme (Use during GOnStFLIGtion/installation-of
permanent residential unit and for 30 days following issuanee of
TRANSPORTATION
Bus Passenger Shelter
R,is Terminals R. Garages
Motor Freight Terminals
Wter Vphiele Maintenance R. Repair
*
Motor Vehicle Sales Dental
*
Meter Vehicle Ce s Stations
Parking As Drinsinal Use, Surface OF CtrUstUr-e
Petroleum PrE)dUGtS: Storage&Distribution
Postal R Darrel Delivery CewiG
es
IIT Ec
Elevated Water Storage Tanks
Puhlig Utility Ctatin-n�- R-i-i-h-Stations, SWitahing Stations,
* *
Orange County, North Carolina-Unified Development Ordinance Page 5-19
Article 5: Uses 45
Section 5.2: Table of Permitted Uses
TABLE AC PERMITTED USES CONDITIONAL ZONING DISTRICTS
*—PERMITTED USE
NOTE:Applications for Conditional ZGR'Rg DistriGAS FRI-I'St Ii-St SPGGmfiG uses for
Clon+rin (_a and Liquid Fuel
dd Col TraRSMOSSiOn I i
\A/a+nr R. Con'+any SeWeF P Ymn'n
Solar Array I a e Canili+..
SeIarArra R bl I I+i1i
INACTr-RRANAGEMENT
I andfills 2Ar r�
Landfills(Less o Than 2 Anres)
Waste Managemen+Conil'fir I-loaorrin� c f2.Tnvir
Anoessery Uses
Airperts General Avia+in ' Hei'perts C T G I
Assembly Canility Greater Than300 nnnU ntS A
Assembly Canility Less o Than inn OGGunant
GhUFGh
Clubs Gr Ledges;
t edgeciS^GiaL Fraternal er I Inien f li 1hhe,ises
COMMURity Gente
ui-+nria Sites Nen Res'den+ia!!Maxed Use
Inferma+inn /Conb.r 5 \
Resew ah Cnnili+..
�ocnarnh Lands RM Inc+olla+ie-Rs Alnn_nrnfi+
Rural Heritage nee se um
Roral enonial C„on+;
15
is 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 46
Section 5.2: Table of Permitted Uses
WCOONDITIONAL
PERM TTE
- •
GENERAL USE ZONING DISTRICTS 17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
Use may not be permitted-c'S-a �Se�Str �C�
h AIL.....�.J n mor.�+hnn n nl n if L.nn+.�.!.. n hnnn A.J.,fn..v� /�-.,�, C.�n+i..r.R 7 C\18
AGRICULTURAL USES19
1.zo
Agricultural Processing Facility *A *A *0 *A *L *A
2 Agricultural Processing Facility, � � to *A *A to
Community AA — — — — — — —
3 Agricultural Services Uses *21
4. Cold Storage Facility A *0 *A *L *0 *A
5. Community Farmers' Market^— *A *A *A *A *A *A *A *L *A
6 Compos22ng Operatione A �
grinding
23npesting Operatien, with grinding A *
7. Cooperative Farm Stand-A *0 *l& *0 *A *A *� *A
8. Equestrian Center A *0
9d Farm Equipment Rental, Sales to to to *A *A to
and Service— — — — — —
10. Farm Supply Store *0 *A *0 *A *A *A *A
11. Feed Mill— *A *0 *A *0 *A
16 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.
17 Please note it is staff's intention to seek authorization/guidance on the consolidation of existing zoning districts in preparation for a future UD text amendment.
18 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.
19 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.
20 In reviewing the table with the County's Attorney Office it has been suggested we number individual land uses to provide additional clarity.
21 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.
22 Refer to Footnote 19 for explanation.
23 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 47
Section 5.2: Table of Permitted Uses
OF
PERMITTED US0=SUBJECT TO USE STANDARDS - •
ECONOMICGENERAL USE ZONING DISTRICTS 17 DEVELOPMENT
USE TYPE
Use m of ben r fitted a a Conditional Use District; coo Section �2 nrG1
18
Alle-vied as mere than ene PF.RGipal use ler.-Atedd A-.n a beena fide farm (seee Se.......6.2.6,
12 Greenhouses with On
Premises Sales A
13. Meat Processing Facility, *� � *0 *� *A *A *A
Community A— - - - - - - -
14. Meat Processing Facility, A *A
Regional
15. Non-Farm Use of Farm
Equipment AA - - - -
16. Stables, Commercial- B B B B B B *A *A
17. Stockyards/Livestock Markets '
0
CHILD CARE&EDUCATIONAL FACILITY USES+ES24 25
18 Center in a Residence#era toAAAAA *A *A *A *A *A *A *A *A *A
— 12 Chiidren — — — — — — — — — — — — —
19. Child_Care Facilityies B B B B B B B B B *0 *A *A *0 *A *0 5*27 lB*
20. Labraraes Library28
N'An_Drnfit F(h notin al P`eoperatoy 29 A
Schools: ^��, ^
21. MUSOePerforming Arts, Sports,
and Recreation��-
24 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.
2s 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.
26 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.
27 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.
28 There is no need to refer to a use type in the'plural' sense. As a result,staff is editing existing language.
29 Staff is recommending the land use be eliminated. To our knowledge we have no such uses in existence and are unsure what the intent of the use was when created.
30 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.
31 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 48
Section 5.2: Table of Permitted Uses
�on� I Ico 7n.u■ir_rlicTo�rTc
0=SUBJECT TO USE STANDARDS •
ECONOMICGENERAL USE ZONING DISTRICTS 17
DEVELOPMENT
USE TYPE
Use May of ben miWtted a a Conditional Use District; coo Section G 1 4(E)
A Allowed as mere thaR GRe pr.nGipal Use nn hen fide farm (see SeGtieR 6.2.5)
18
Schools: Eleme-ntar., Middle rz. A A *A33
Py32 A A A A A A A A A A *0
22. � reparator
Schools: Vee�enalTechnical
23. 0 A A' 0* 0 At 0* At A 0 0 A *A
Trade, and Skill Trai24. ning
Schools: Universities, Colleges
EXTRACTIVE USES 36
25. Extraction of Earth Products 37 A A A A A
Government Uses
26. Government Facilities and
Office Buildings Except as 3s40
Identified Hereinjb —
26 A . Detention Center
saz
Military Installations
26(B). *A -0 *0 *0
Reserve nrm.,r"143
Manufacturing,Assembly, and-Processing,and Distribution Uses_Food as as
32 The proposed use category would include pre-school to 12`"grade.
33 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.
34 The proposed land use category would include a community college,trade school,continuing education classes,etc.
35 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.
36 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.
37 The current definition of this land use does not permit the processing of materials'beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing'. Staff had originally recommended adding
language to spell out this distinction within the table. After conferring with the County's Attorney Office it was determined the distinction was not necessary as the County is choosing to limit all extraction operations to having no on-site processing of materials.
38 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.
39 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.
40 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.
41 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
42 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.
43 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 49
Section 5.2: Table of Permitted Uses
OF
PERMITTED US0=SUBJECT TO USE STANDARDS - •
ECONOMICGENERAL USE ZONING DISTRICTS 17 DEVELOPMENT
USE TYPE
Use . of ben r fitted a a Conditional Use District; coo Section 5 1 4(E)
A Alle-vied- as mare than ene PF.RGipal use ler.-Atedd eein a fide farM (See SeGti0R 6.2.51)
18
Manufacturing,Assembly,
27. Processing of Food Products A47 as _ A49 A *50
Except as Identified Herein
Animal Feed
Preparation,
27 (A). Manufacturing,
Packaging, and
Distribution
Animal Slaughtering
27 B and Processing,
Packaging, and
Distribution
27(C) Micuetiep e ErYi B B '0 "A 2tA *A A A A A A *A *A
Seafood
27 D Preparation,
Packaging, and
Distribution
Starch,Vegetable
27 E Fats and Oils
Manufacturing
Tobacco
Processing,
27 (F) Preparation,
Packaging, and
Distribution
27 (G1 Winery, PFGdWGt*9R B B *A -A *A *A A A A A 0 -A *A
52
44 Staff is proposing to merge the existing'Manufacturing,Assembly,and Processing' land use category from the Economic Development District(EDD)tables(Section 5.2.2 of the UDO)with Section 5.2.1. The existing land use category contained in Section 5.2.1,
especially those referencing allowable manufacturing/industrial land uses, is not very well defined. Staff has added uses consistent with the Planning Board and BOCC review of amendments to the Hillsborough EDD districts in the fall of 2016
46 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.
46 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).
47 Staff will be recommending size limitations(10,000 sq.ft. building size)and use limitations in Article 5.
48 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.
49 Staff is recommending adding language allowing Manufacturing of Food products in the EDB-1 and EDE-2 zoning districts subject to a building size limitation.
50 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.
51 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 50
Section 5.2: Table of Permitted Uses
OF
FP
t ERMITTED US
0=SUBJECT TO USE STANDARDS - •
DEVELOPMENTGENERAL USE ZONING DISTRICTS 17 ECONOMIC
USE TYPE
Use . of ben r fitted a a Conditional Use District; coo Section 5 1 4(
A Alle-vied- as mare than ene PF.RGipal use if ler.attedd ce)n a fide farM (See SeGtiOR 6.2.51,
18
Manufacturing,Assembly, and-Processing,and Distribution Uses--Other
Manufacturing,Assembly, and
28 Processing of Other Non-Food A A A A
Products Except as Identified - - - - -
Herein
Chemical
Manufacturing and
28(A). Processing
Pharmaceutical and
Medicine
Chemical
Manufacturing and
28(B1 Processing—Other
than
Pharmaceutical and
Medicine
Concrete
28 (C) 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
52 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.
53 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).
54 As with 'food manufacturing'staff will be recommending size and use limits for the El and 11 zoning districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-25
Article 5: Uses 51
Section 5.2: Table of Permitted Uses
�on� I Ico 7n.u■ir_rlicTorTc
0=SUBJECT TO USE STANDARDS •
ECONOMICGENERAL USE ZONING DISTRICTS 17
DEVELOPMENT
USE TYPE
Use May of ben matted a a Conditional Use District; coo Section G 1 4(E)
A Allowed as mere thaR GRe pr.nGipal use if nn hen fide farm (see SeGtiGR 6.2.5)
18
Leather and Hide
28(H). Tanning and
Finishing
28 I Metal Fabrication
Shop
Ammunition
28(J) Manufacturing,
Packaging, and
Distribution
Paperboard
containers and
boxes
28(K). Manufacturing, - - - - -
Assembly and
Processing
Petroleum and Coal
Product Processing,
28 L . Preparation and
Dist�s
28 M. Printing and * * * * * * *56
Lithography
28(N) Pulp, Paper, and
Paperboard Mills
Research and
28 (0). Facility with A*
Manufacturing
€aeility
28 P Recycling of - - -
* * *
Materials
28 (Q). Sawmills58 A*
55 This would include refineries,asphalt plants,asphalt paving/roofing materials, lubricating oil/grease manufacturing,etc. Staff is not currently recommending the uses be permitted.
56 Given the nature of the land use,staff is recommending it be moved to the low intensity districts(EDB-1 and EDE-2).
S7 This is an existing land use that staff is not recommending any changes to.
S8 This is an existing land use that staff is not recommending any changes to.
Orange County, North Carolina—Unified Development Ordinance Page 5-26
Article 5: Uses 52
Section 5.2: Table of Permitted Uses
�on� I Ico 7n.u■ir_rlicTo�rTc
0=SUBJECT TO USE STANDARDS •
ECONOMICGENERAL USE ZONING DISTRICTS 17
DEVELOPMENT
USE TYPE
Use of ben matted as a Conditional Use District; coo Section G 9 4(E)
A A Hewed as mere thaR GRe prinGipal use 1nP;;tt-r1 nn hARa fide farm (s S-e-Gtien 6 2
18
Medical Uses
Medical Uses Except as
�9• Identified Herein 0 A A At 0- 0* 0-
29(A). Hospital
29(B). Veterinary Clinic B60
Veteran n.Glinin Mebilo t t
29 C . Veterinary Hospital d d S 6
Office and Financial Services Uses 62
30. Office and Financial Services 0 0 A
Except as Identified Herein
Building/Trade
Contractors Office
30(A). with Equipment _ _ _
Storm
30(B). Pawnshop or
Payday Loan
Research Facility—
30 C Without
Manufacturinq
Recreational Uses
S9 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.
60 Staff is recommending we treat the use the same as EDE-2. Staff does not see a reason why it should not be permitted within EDB-2 as well.
61 As with Veterinary Clinics(footnote 41)staff is recommending amendments to ensure consistency between the Buckhorn and Eno Economic Development Districts.
62 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.
63 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.
64 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.
6s 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 53
Section 5.2: Table of Permitted Uses
OF
PERMITTED US0=SUBJECT TO USE STANDARDS - •
ECONOMICGENERAL USE ZONING DISTRICTS 17 DEVELOPMENT
USE TYPE
Use . of ben r fitted a a Conditional Use District; coo Section 5 1 4(E)
18
Alle-vied- as mere than ene PF.RGipal use ler.-Atedd eein a beena fide farM (See SeGti0R 6.2.5.)
Botanical Gardens&
31. Arboretums
32. Cam Retreat G nt r
B B B
33. Golf Course A A A A A A A A A A A A A A A A A , 66
Golf Driving and Practice
34. Ranges B
35. Guest Ranch67
Alt
36. Parks;PUbliG
37 Race Track Facilities 68 At
38 Recreational Facilities B B B B B B B B B B B B B B
Sweepstake rat611P_Arl rs9
4Q- Theater 7A71 A A± A2� A2� 7F
Residential Uses
39 Campground 74
66 Staff is recommending this use be deleted from being permitted within the HP-CZ zoning district.
67 The County's Attorney office still has concerns over this land use. Staff is continuing to review the matter.
68 Please note this land use category included motorized (i.e. race car,go-kart,etc.)or animal (horses,dogs, etc.) racing activities.
69 Staff had originally 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. The County Attorney office has expressed
concern(s)our listing of the use in the table could create a conflict with State law,which currently bans these types of uses. To address the concern,staff is recommending deleting the use as reported at the March 6,2019 Planning Board meeting.
70 ._3/5/2019-after conferring with the Attorney, used was moved to'Assembly'.
71 Use has been moved to the'Assembly' land use category as reported at the March 6,2019 Planning Board meeting.
74 Staff is reeemmeRding the use be deleted 40M the EDB I general use diStFiet te be eensisteRt With al'OWaRees iA the EDE 1 geneFal use distriet.
74 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 Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-29 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 4240. Dwelling; Mobile Manufactured Home * * * * * * * * * * * * * * 4341. Dwelling; Multiple Family 75 * * * * * * * * * ∆* ∆* * 44.42 Dwelling; Single-Family * * * * * * * * * * * * * * * * 45.43 Dwelling; Two-Family * * * * * * * * * * * * * * 46.44 Family Care HomeFacility76 * * * * * * * * * * * * * * * * 47.45 Group Care Facility B B B B B B B B B B B B B B B B ∆* 4846. Group Home77 B B B B B B B B B B B B B B 49.47 Health and Personal Care Facility78 79 ∆* ∆* ∆* ∆* ∆* ∆* ∆* ∆* ∆* 4950. Recreational Vehicle 80 * Rehabilitative Care Facility81 * * * * * * * * * 51. Residential Hotel ~ Dormitory, Fraternity, Sorority, and Religious Quarters 82 A A A A A 5249. Rooming House * * * * 53.50 Temporary Use of Residential Mobile Unit 83 ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ AUTOMOTIVE/TRANSPORTATION USES 75 Language is being added to Article 5 indicating multi‐family residential development(s) within the EDH‐3 general use zoning district observe a density of 6 to 12 units per acre. This is consistent with the existing allowances contained in Section 5.2.2 of the UDO. 76 Changing nomenclature to be consistent with how the term is defined. 77 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. 78 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. 79 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. 80 Staff is specifically listing this use in the table to properly denote where same is allowed to be located. 81 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. 82 OrignallyOriginally staff had recommended keeping this use. After additional review with the County Attorney, it was determined the use conflicted with other defined residential land uses. Staff is now recommending the use be eliminated. Those desiring to develop a Dormitory, Fraternity, or Sorority will be treated like a multi‐family residence. This was discussed/identified at the March 6, 2019 regular meeting. 83 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. 54
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-30 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 5451. Airports, General Aviation, Heliports, S.T.O.L84 A A A 85 A A A 86 55.52 Bus and Rail Passenger Shelter 87, * * * * * * * * * * * * * * * * * * * * * * * * * * * 56.53 Bus Terminals & Garage ~ ∆* ∆* ∆* ∆* ∆ * 88 ∆* ∆* 57.54 Motor Freight Terminal ~ ∆* ∆* ∆* ∆* ∆* ∆* ∆* 58.55 Motor Vehicle: Maintenance and repair (body shop) 89 ~ *∆ *∆ *∆ * * * 59.56 Motor Vehicle: Repair Garage 90 ~ *∆ *∆ * 5760. Motor Vehicle: Sales / Rental (new and Used) *∆ *∆ *∆ *∆ *∆ *∆ *∆ ∆ ∆* ∆* ∆ ∆ * 5861. Motor Vehicle Service Stations 91 *∆ *∆ *∆ *∆ *∆ * * * * * 62.59 Surface and Structure Parking As Principal Use 92, 93 * * * * * * * * 63.60 Petroleum Products Storage and Delivery ~ 94 95 * * * * * 64.61. Postal & Parcel Delivery Service 96 * * * * * * * * * 84 Moved from the Miscellaneous use category from Section 5.2.1. 85 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. 86 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. 87 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. 88 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. 89 Strikethrough text reflecting County Attorney comments and staff decision to provide for greater distinction between the existing motor vehicle land uses. 90 A repair garage involves fixing ‘the guts’ of a car. 91 This land use will now be considered a ‘gas station’. 92 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. 93 Staff is eliminating language referencing this as a principal use as it is self‐evident given its listing in the table of permitted uses. 94 Staff is recommending a definition for this activity to clarify what is allowed. 95 This land use was moved out of the automotive/transportation category to the Services land use category. 96 Staff is recommending the following definition of this term: The delivery of parcels, packages, or high value mail as single shipments. 55
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-31 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 Retail Uses 97 65.62 Retail Uses Except as Identified Herein 98 ∆ 99 ∆ ∆ ∆ ∆ * * * * * * * 6562 (A). Country Store100 ∆ ∆ * ∆ ∆* SERVICE USES 6663. Service Uses Except as Identified Herein 101 ∆ ∆ ∆ ∆ ∆ ∆ * * * * * * * * 66 63(A). Body Art (Tattoo, Body Piercing, etc.) * 6663 (B). Car Wash * * * * 66 63(C). Cemetery B *B 102 B B B B B B B 6663 (D). Crematoria 103 * * * * 6663 (E). Eating and Drinking Establishments 104 ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆* 6663 (F). Funeral Home ∆105 ∆ ∆ 106 ∆ C#* C# ∆* * 66 63(G). Garden Center ∆ ∆ ∆ ∆ ∆ * * 97 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. 98 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. 99 Staff will be recommending size limitations on buildings within the LC‐1, NC‐2, and EC‐5 zoning districts consistent with existing regulations. 100 Staff is recommending the use be allowed to remain to avoid potential impacts to previously reviewed/approved agricultural service amendments. 101 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. 102 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. 103 Existing land use under the Miscellaneous land use category being moved. 104 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. 105 Staff is modifying existing regulations to ensure there is a distinction between were on‐site crematoria facilities will and will not be allowed. 106 Staff is proposing to allow a funeral home with on‐site crematoria facilities to develop in the identified industrial districts. 56
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-32 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 6663 (H). Massage Business ∆ ∆ 6663 (I). Short Term Rental Small – Host Occupied ∆ ∆ ∆ 6663 (J). Short Term Rental Large – Host Occupied A A 6663 (K). Short Term Rental – Non Host Occupied ∆* ∆* ∆* ∆107 ∆* ∆* ∆* ∆* ∆* * 6663 (L). Junkyard/Salvage Yard A A A 6663 (M). Kennel Class II B B B B B B B B 6663 (N). Petroleum Product Storage And Distribution 108 * * * * * 6663 (O). Sexually Oriented Businesses *∆ *∆ 6663 (P). Storage of Goods 109 ∆ *∆ *∆ *∆ *∆ *∆ *∆ ∆ ∆ * * 6663 (Q). Taxidermy B ∆* ∆* ∆* ∆* ∆* ∆* TELECOMMUNICATION USES 6764. Telecommunication Tower (75 feet or shorter) *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ *∆ 68.65 Telecommunication Tower (Over 75 feet to 200 199.9 less than 200 feet in height) 110 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 * * 107 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. 108 Existing land use moved from the Automotive and Transportation use category to the Service category. 109 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. 110 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). 57
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-33 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 6966. Telecommunication Tower (200 feet and higher) 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 * * 70.67 Ham Radio Towers 111 ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ UTILITIES112 71.68 Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B B B B B B 113 B * * 72.69 Public Utility Stations & Sub-Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants 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 * * 73.70 Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B B B B B * * 74.71 Water & Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * * * * * * * * * * 75.72 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 * * 76.73 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 77.74 Landfills (2 Acres or More) ~ A A A A A A A Landfills (Less Than 2 Acres) ~ 114 B B B B B B B 78.75 Waste Management Facility; Hazardous & Toxic ~ A A A Wholesale Trade Uses 115 79.76 Wholesale Trade of Durable Goods116 * * * * * * * * *117 * * 111 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. 112 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. 113 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. 114 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. 115 Staff has collapsed this use category, which originally had approximately 12 to 14 individual land uses into a single land use category. 116 Originally, staff had recommended 2 land uses, specifically ‘Wholesale Trade of Durable Goods´and ‘Wholesale Trade of Non‐Durable Goods’. After meeting with the County Attorney, these will now be combined into a single land use category. This was discussed/identified at the March 6, 2019 regular meeting. 58
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-34 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 80. Wholesale of Non-Durable Goods 118 * * * * * * * * * * * Assembly Uses 81. All Assembly Land Uses Except as Listed Below119 ∆∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ 77 81 (A).120 Club or Lodge; Social’ Fraternal or Union Clubhouses * * *121 * * * * * C#* C# C#*122 C#123 * * 78 81 (B). Community Center B B B B B B B B B * * * * A*124 A125 A* A * * 79 81 (B). Rural Heritage Museum 126 B B B B B ∆* Place of Worship ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ 80. Retreat Center127 B B B128 * 81 81 (C). Rural Special Events 129 * ∆ * ∆ * * * ∆ * * * 130 ∆* 117 Staff is recommending the uses be permitted within the EDH‐4 and EDH‐5 zoning districts. 118 This has been combined into a single land use category called ‘Wholesale Trade of Goods’. Staff is no longer recommending a distinction between durable and non‐durable goods. 119 As originally intended, this use category was designed to include ‘Places of Worship’ (i.e. church/religious center) , club/lodge, ‘Assembly of Persons’, etc. After conferring with the County Attorney, it has been decided to break these uses out to ensure property identification as to what will be allowed and where. 120 This row will be deleted to ensure consistency in formatting. 121 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. 122 Staff is recommending the use be permitted by right in the low intensity Economic Development Zoning Districts rather than required to be processed as a Conditional Use Zoning District application (i.e. rezoning and Class A Special Use Permit). 123 Staff is recommending the Club or Lodge land use not be permitted in our high intensity Economic Development Zoning Districts. 124 Staff is recommending a Community Center be allowed within the EDB‐1 and EDE‐1 general use zoning districts as a permitted use, consistent with other similar non‐residential general use zoning districts. 125 Staff is recommending a Community Center not be permitted within the EDB‐2 and EDE‐2 general use zoning districts. The use is not deemed compatible with the higher intensity commercial/industrial land uses permitted within these districts. 126 Staff is taking the existing Rural Heritage Museum and combining with a new land use category simply entitled Museum. This way if the County ever elects to have something other than a ‘Rural Heritage Museum’ the category will exist. Article 5 is being modified to ensure the standards associated with the existing use category are applicable in the identified zoning districts. 127 3/5/2019 – after conferring with the County Attorney, staff is moving the ‘Retreat Center’ land use from Recreation to Assembly. ‘Camp’ will remain in Recreation. 128 3/5/2019 – Retreat Center was moved to the Assembly land use category. Permit processes stay the say (i.e. Class B Special Use Permit). 129 Moved from the Miscellaneous land use category as detailed in Section 5.2.1 Table of Permitted Uses – General Use Zoning District of the current UDO to the new Assembly land use category. Standards shall be contained in the new Section 5.18 of this Ordinance. 130 At the march 6, 2019 Planning Board meeting, the Planning Director requested the ‘Retreat’ center land use be added to additional districts. Staff has complied. 59
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-35 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 82. 81 (D). Special Events – 150 attendees or less ∆* ∆* ∆* 83. 81 (E). Special Events – 151 attendees or more131 84. Theater132 ∆ ∆ ∆ ∆ 133 C* 134 * * * * * * * Miscellaneous Uses Accessory Uses135 * * * * * * * * * * * * * * * * * * * * * Airports, General Aviation, Heliports, S.T.O.L ~ 136 A A A A A A Assembly Facility Greater Than 300 * * Assembly Facility Less Than 300 137 * * Cemetery138 B * B B B B B B B Church 139 * * * * * * * * * * * * * * * * * * * Clubs or Lodges; Social; Fraternal or Union Clubhouses 140 * * * * * * * * Community Center 141 B B B B B B B B B * * * * Crematoria ~ 142 * * * 131 Staff is looking for feedback on where such uses would be allowed. 132 3/5/2019 – this land use was moved from the ‘Recreational’ land use category. Staff is proposing to combine several, existing, categories dealing with a theater (i.e. movie, performing arts center, drive‐in theater, music hall, etc.) into a central land use type. 133 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. 134 The recommendation is that this be changed from a Conditional Use to a permitted use to ensure consistency with the various economic development districts. 135 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. 136 Moved to the Automotive and Transportation use category. 137 Both uses are now considered to be located within the new ‘Assembly Use’ category. 138 Moved to the new ‘Service Uses’ land use category. 139 Moved to the new Assembly Use category. Name changed to ‘Place of Worship’. 140 Ibid. 141 Ibid. 142 Use has been moved to the new ‘Service Uses’ land use category. 60
Article 5: Uses Section 5.2: Table of Permitted Uses Orange County, North Carolina – Unified Development Ordinance Page 5-36 TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS * = PERMITTED USE ∆ = SUBJECT TO USE STANDARDS A = CLASS A SPECIAL USE B = CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP) 16 USE TYPE GENERAL USE ZONING DISTRICTS17 ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2CC3GC4EC5O/RM AS EI I 1 I2 I3 PID EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)18 Historic Sites Non-Residential/Mixed Use143 A A A Kennels, Class I144 * * * * * * Research and Manufacturing Facility145 * * * * Research Facility ~145 * * * * * * * 8582. Research Lands & Installations, Non-profit * Rural Heritage Museum146 B B B B B Rural Special Events ^ 146 * * * Special Events (Less than 150) 146 * * * 143 Staff is recommending the use be eliminated. There was only 1 use permitted under this process, which has since expired and is no longer in operation. There is no easy way to define what exactly is permitted/unpermitted creating issues of legal sufficiency. 144 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. 145 ‘Research and Manufacturing’ has been moved to the Manufacturing land use category. ‘Research Facility’ uses have been moved to the Office land use category. 146 All three uses are now included within the ‘Service Uses’ land use category. 61
Article 5: Uses
Section 5.3: Application of Use Standards
Orange County, North Carolina – Unified Development Ordinance Page 5-37
SECTION 5.3: APPLICATION OF USE STANDARDS
5.3.1 In General
In addition to the general standards applied to uses in each zoning district and in accordance with
the Table of Permitted Uses, Sections 5.4 through 5.17 establish additional standards for specific
Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning
Districts.
5.3.2 Special Uses
(A) General Standards
Before any application for a Special Use Permit shall be approved:
(1) The applicant shall have the burden of establishing, by competent material and
substantial evidence, in the form of testimony, exhibits, documents, models,
plans and other materials, that the application meets the requirements for
approval of a Special Use Further, the applicant shall have the burden of
persuasion on those issues147; and
(2) The Board of County Commissioners or Board of Adjustment shall make written
findings certifying compliance with the specific rules governing such individual
Special Use and that the use, which is listed as a Special Use in the district in
which it is proposed to be located, complies with all required regulations and
standards including the following general conditions:
(a) The use will maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated
according to the plan as submitted;
(b) The use will maintain or enhance the value of contiguous property
(unless the use is a public necessity, in which case the use need not
maintain or enhance the value of contiguous property); and
(c) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located
and the use is in compliance with the plan for the physical development
of the County as embodied in these regulations or in the Comprehensive
Plan, or portion thereof, adopted by the Board of County Commissioners.
(B) Specific Standards
In addition to the general standards stated in Section 5.3.2(A), the following specific
standards shall be addressed by the applicant before the issuance of a Special Use
Permit:
(1) Method and adequacy of provision of sewage disposal facilities, solid waste, and
water.
(2) Method and adequacy of police, fire and rescue squad protection.
(3) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
(4) Other use specific standards as set forth herein.
(C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD
147 The amendment, denoted utilizing Red Bold Underlined Highlighted text is designed to ensure legal sufficiency
of the Ordinance.
62
Article 5: Uses
Section 5.4: Standards for Temporary Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-41
(iii) Landscape treatment shall be provided to enhance architectural
features, strengthen vistas and important visual corridors, and
provide shade.
(iv) Unity of design shall be achieved by repetition of certain plan
varieties and other materials and by correlation with adjacent
developments.
(v) Plant material shall be selected for its structure, texture, and
color for interest and for its ultimate growth. Use of native plants
is encouraged; others that will be hardy, harmonious to the
design, and of good appearance can be allowed.
(vi) Appropriate curbs, tree guards or other devices shall be
employed to protect plants susceptible to injury by pedestrian or
motor traffic.
(vii) Parking areas and trafficways shall be enhanced with
landscaped spaces containing trees or tree groupings.
(viii) Service yards and other unsightly places shall be screened by
use of walls, fencing and/or planting.
(g) Signs
(i) Every sign shall have appropriate scale and proportion in its
design and in its visual relationship to buildings and
surroundings. A unified signage plan shall be submitted and
approved with the Special Use Permit.
(ii) Every sign shall be designed as an integral architectural element
of the building and the site to which it principally relates.
(iii) The colors, materials and lighting of every sign shall be
harmonious with the building and site to which it principally
relates.
(iv) The number of graphic elements on a sign shall be held to the
minimum needed to convey the sign's major message and shall
be composed in proportion to the total area of the sign face.
(v) Freestanding signs shall not be pole-mounted.
(h) Maintenance, planning and design factors
(i) Materials and finishes shall be selected for their durability and
wear as well as for their beauty. Proper measures and devices
shall be incorporated for protection against the elements,
neglect, damage, and abuse.
(ii) Provisions for cleaning buildings and structures and control of
dirt and refuse shall be included in the design. Configurations
that tend to accumulate debris and dirt shall be avoided.
SECTION 5.4: STANDARDS FOR TEMPORARY USES
5.4.1 Yard Sale
(A) General Standards for of Evaluation 148
148 Staff is recommending modifications in existing wording to ensure consistency in identifying general use
standards, submittal requirements, and standards of evaluation. This will make Article 5 easier to understand and
follow. Please note staff is not recommending a comprehensive revamping of existing standards of evaluation or
submittal requirements at this time. Future amendments will address these changes.
63
Article 5: Uses
Section 5.4: Standards for Temporary Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-42
(1) Yard sales are permitted in accordance with the Table of Permitted Uses
provided that these sales do not exceed two days per month.
5.4.2 Temporary Fund Raising Activity
(A) General Standards for of Evaluation
(1) Temporary fund raising activities are permitted in accordance with the Table of
Permitted Uses provided that these activities do not exceed two days per month.
5.4.3 Special Events
(A) Use Standards149
(1) Standards for all Special Events
(a) Shall not occur more than seven days in a 30-day period or more than 50
days per year.150
(1)(2) Arts and Cultural Special Events
(a) All arts and cultural special events organized, conducted, and affiliated
with a 501(c)(3) nonprofit organization or government entity, for example
the annual Orange County Open Studio Tour, shall be exempt from the
special event review and permitting process.
(B) General Standards of EvaluationSubmittal Requirements
(1) The application shall include:
(a) A plot plan, drawn to scale, showing the boundaries of the area to be
used for the events, the locations of access points, parking, service
areas, activity areas, restrooms, solid waste disposal/recycling
facilities, lighting, and signage;151
(b) aA written description of the type of event planned, the number of
participants for any single event, the frequency of the events, the
anticipated hours of operation, the potential dates for the events, and the
method and adequacy of sewage disposal, recycling and waste disposal,
access, parking, lighting, and signage;
(c) Written comments from the Orange County Health Department,
Division of Environmental Health regarding the adequacy of plans
restroom facilities and food preparation/handling arrangements;
and151
(a)(d) Written comments from the Orange County Fire Marshal and
Sheriff’s Department regarding the adequacy of parking, access, or
other factors related to public safety. 151
(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;
149 Consistent with advice from the County ‘s Attorney office we are creating/identifying a general ‘use standards’
section for various land uses. This was predicated on limiting the use of symbols in the table of permitted uses to
only signifying review processes. Currently, the table utilizes symbols to identify development opportunities and
constraints. These regulations and allowances are now being moved to the various impacted land use standards in
Article 5.
150 3/5/2019 ‐ This is existing language from the definition of a ‘Special Event’ in Article 10. After conferring with
the County Attorney, it is more appropriate to have this limitation denoted within Article 5.
151 3/5/2019 – Bold Red Underlined text denoting existing language from Section 5.4.3 being relocated.
64
Article 5: Uses
Section 5.4: Standards for Temporary Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-43
(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
Permit152
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A written description of the exact type of event planned, the maximum
number of participants, the frequency of the event, anticipated dates and
hours of operation, method and adequacy of sewage disposal, recycling
and waste disposal, access, parking, lighting, and signage;
(b) A site plan showing the boundaries of the area to be used for the events,
the locations of access points, parking, service areas, activity areas,
restrooms, solid waste disposal/recycling facilities, lighting, and signage;
(c) Written comments from the Orange County Health Department, Division
of Environmental Health regarding the adequacy of plans restroom
facilities and food preparation/handling arrangements; and
(d) Written comments from the Orange County Fire Marshal and Sheriff’s
Department regarding the adequacy of parking, access, or other factors
related to public safety.
(D)(C) Standards of Evaluation
(1) The lot shall contain a minimum of five acres and shall be adequate to
accommodate all proposed activities, including safe vehicular and pedestrian
circulation, and the maximum number of participants for any single event.
(2) The maximum number of participants at any given time at any event shall be 150
persons. 153
(a) 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. 154
(b) Signs shall be permitted in accordance with Section 6.12.11(D) of this
Ordinance.
(3)(2) All parking shall be on-site.
(3) 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.
(4) No Special Event shall begin before 7:00 a.m., or extend beyond midnight.
(5) The site plan shall have the written approval of the Orange County Division of
Environmental Health regarding the adequacy of the water supply and
152 3/5/2019 – There is not a district where a Class B Special Use Permit is required for a Special Event.
153 3/5/2019 – This is now addressed in the actual table of permitted uses.
154 3/5/2019 – Moved to Use Standards as contained herein.
65
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-44
wastewater disposal for the specified maximum number of participants for any
single event and the written approval of the Orange County Fire Marshal and
Orange County Sheriff’s Department regarding the adequacy of parking, access
or other factors relating to public safety.
(a) The Special Use Permit shall be valid for no more than one year.
5.4.4 Temporary Use of a Residential Mobile Home
(A) General Standards of Evaluation
Residential Mobile Homes may be permitted as a temporary use during construction in
accordance with the following:
(1) The property owner shall reside in the temporary residential mobile home during
construction of a new residence or the renovation of an existing residence on the
same lot.
(2) Prior to placement of the temporary residential mobile home on-site all applicable
state and local approvals and permits shall be procured, including but not limited
to a zoning compliance permit, building permits, and health department approval.
(3) The temporary residential mobile home must be removed within 90 days of
receipt of the certificate of occupancy for the on-site residence.
5.4.5 Buildings for Temporary Use
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit 155
(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 USES
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
155 As previously indicated staff is proposing minor changes to ensure clarify with respect to what is required for
given land uses.
66
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-45
(1) Accessory structures and uses, including recreational uses and amenities, shall
not be located in any required front open space and shall conform to the principal
setbacks of the district where located unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.5.2 Campground
(A) Use Standards
(1) Shall be developed in accordance with the provisions of Section 5.5.5 of this
Ordinance.
5.5.25.5.3 Efficiency Apartment
(A) General Standards of Evaluation
(1) Efficiency apartments shall be allowed only as an accessory use to a single-
family residence.
(2) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(3) The efficiency unit shall contain no more than 1,000 square feet of gross floor
area with a maximum limit of 800 square feet of heated/cooled habitable living
space..
(4) The residential lot shall meet all dimensional requirements of the zoning district in
which it is located.
(5) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
5.5.35.5.4 Home Occupations
(A) General Standards
(B)(A) Submittal Requirements–
(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.
67
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-50
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.45.5.5 Home Park
(A) Standards for HP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the home park tenants.
(c) Recreation buildings/facilities and areas serving only the Home Park in
which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the Home Park in which they are located.
(e) Storage buildings for individual Home Park Spaces and intended for the
exclusive use of the Home Park Space occupants shall be permitted.
Such accessory structures shall meet required setbacks from adjacent
structures.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes and/or Temporary Residential Units already
located on approved and established Home Park Spaces.
(2) Home Park Space Requirements
(a) A Home Park shall be divided into individual Home Park Spaces, each
Home Park Space having an area and width consistent with Section 3.8.
The Orange County Health Department may increase the minimum area
requirements for the park and/or individual Home Park Spaces where
necessary to be consistent with groundwater resources and/or the
limitations of providing sewage disposal systems for the proposed home
park.
68
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-55
5.5.55.5.6 Existing Home Parks
(A) General Standards of Evaluation
(1) Existing Home Parks that do not meet the standards set forth in this Ordinance
shall be considered non-conforming.
(2) Existing Home Parks that convert spaces or stalls to accommodate Temporary
Residential Units must meet applicable standards of this section and Section 2.5.
(3) Non-conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non-conforming; and,
(b) The existing waste treatment system is functioning properly.
(5) Removal and replacement of such units shall not be considered expansion of the
non-conforming use.
(6) New, or portions of existing, Home Parks that have been previously approved,
but have not constructed substantial improvements, including, but not limited to,
water systems, roads, parking areas, recreational facilities and mobile home
pads, or do not have sewage disposal systems installed by the date of adoption
of this section shall meet all applicable standards as set forth in this Ordinance.
5.5.65.5.7 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non-conforming yards or
setbacks.
(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.
69
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-56
(5) In addition to the requirements contained in Subsections (1) through (3) above
the following requirements must be met in the Agricultural Residential (AR)
district:
(a) The mobile home must be skirted.
(b) The home may be placed on a permanent support system, if desired. If
a solid concrete or masonry perimeter foundation is used, the exterior
covering material shall not extend below the top of the foundation.
(6) Temporary mobile homes installed in accordance with the Table of Permitted
Uses are exempt from the support system requirements established in
Subsections (4) and (5) above. However, skirting is required and the mobile
home must be connected in conformance with all applicable laws and
regulations.
5.5.75.5.8 Group Care Facility
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements –
In addition to the information required by section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type of persons to be cared for and the nature of the
care to be provided.
(b) If structural alterations to existing structures or new construction is
required, a complete description of the nature and extent of these
alterations or new construction.
(2) Standards of Evaluation –
(a) The proposed use is not within 500 feet of another existing Family Care
Facility or Group Care Facility.
(b) Structural alterations shall be of such a nature as to preserve the
residential character of the building.
(c) If a Sstate license or permit is required to operate such a facility, the
standards necessary to qualify for such a permit have been met.
5.5.85.5.9 Group Home156
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements –
In addition to the information required by section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type of persons who will be living within the facility.
(b) If structural alterations to existing structures or new construction is
required, a complete description of the nature and extent of these
alterations or new construction.
(2) Standards of Evaluation
(a) The proposed use is not within 500 feet of another existing Family Care
Facility, Group Home, or Group Care Facility.
156 A new land use category to address housing of between 6 to 15 individuals who do not require specialized care.
70
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-57
(b) Structural alterations shall be of such a nature as to preserve the
residential character of the building.
5.5.10 Health and Personal Care Facility
(A) Use Standards
(1) Where a State license is required to operate the facility, evidence that the
requirements to qualify for said license have been, or will be, met shall be
submitted.
Residential Hotel, Dormitory, Fraternity, Sorority, and Religious Quarters157
Use Standards
Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type facility planned, the number of occupants, and
the development schedule.
(b) A site plan showing existing and proposed contours. Proposed
buildings, parking, access, service, recreation, landscaped and screened
areas.
(c) Other criteria as set forth in sections 6.2.11 and 6.3.
(d) A statement concerning the provision of public services which shall
include fire, police and rescue protection.
(2) Standards of Evaluation –
(a) Adequate parking, access and service areas are provided for the site.
(b) Parking, service areas and buildings are adequately screened from
adjacent residential uses.
(c) Improved recreational facilities are provided for occupants.
(d) Other criteria as set forth in sections 6.2.11 and 6.3.
(e) Letters from public service agencies attesting to the adequacy of the
provision of public services such as fire, police and rescue.
5.5.95.5.11 Temporary Custodial Care Units
(A) General Standards
(B)(A) Submittal Requirements
157 As articulated in a previous footnote, there is a concern over the differentiation of a ‘dorm’, ‘rooming house’,
and a multi‐family dwelling unit. After conferring with the County Attorney, staff is now recommending the use be
eliminated.
71
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-58
In addition to the information required by Section 2.4, Zoning Compliance
Permits, the following information shall be supplied as part of the application for
approval of this use:
(a) Certification in writing from a licensed physician stating the necessity of
direct care for a mentally or physically impaired person who requires
assistance with two or more activities of daily living.
(C)(B) Standards of Evaluation
(a)(1) An existing single family residential dwelling unit must be located on the same
parcel as the temporary custodial care unit. Temporary custodial care units shall
be classified as an accessory use to a single family detached dwelling unit.
(b)(2) No more than one temporary custodial care unit per lot shall be permitted.
(c)(3) The temporary custodial care unit must meet setback standards where located
and shall not be located in any required front yard open space.
(d)(4) Occupancy of a temporary custodial care unit shall be limited to no more than
two persons, with at least one of whom is mentally or physically impaired and
requires assistance with two or more activities of daily living.
(e)(5) A temporary custodial care unit shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the property.
(f)(6) The Orange County Health Department, or the agency that provides sanitary
sewer and water services, shall approve water and wastewater disposal facilities.
(g)(7) All applicable state and local approvals and permits shall be procured including,
but not limited to, a zoning compliance permit, building permits, and health
department approval.
(h)(8) Approval of the application shall not exceed one year. Annual renewal shall
require a new application and recertification from a licensed physician stating the
necessity of direct care.
(i)(9) Any approved temporary custodial care unit shall be removed no later than 180
days after the time the mentally or physically impaired person(s) is no longer
receiving care or is in need of assistance. If the structure is needed for a different
impaired person, the temporary custodial care unit may continue to be used,
subject to the requirements of this Ordinance.
(j)(10) The caregiver shall allow inspections of the property by the County at times
convenient to the caregiver, during reasonable hours, and upon prior notice for
compliance purposes.
(k)(11) A permit for a temporary custodial care unit may be revoked by the Planning
Director due to failure of the applicant to comply with any of the above provisions.
5.5.105.5.12 Multi-Family
(A) Use Standards
(1) Standards for EDH-3 and EDH-4 Zoning Districts
Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in
accordance with the following standards:
(a) The site plan must identify the square footage of each building by type of
use.
(b) A permitted Principal Use must be established on at least 50% of the
total square footage of structures on the site.
(c) Multi-family dwellings shall not exceed 25% of the total square footage of
all structures on the site.
72
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-59
SECTION 5.6: STANDARDS FOR COMMERCIAL SERVICE USES
5.6.1 Nightclubs, Bars and Pubs158
(A) General Standards for Evaluation
(1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a
residence.
5.6.1 Service Uses
(A) Standards for the LC-1, NC-2, and EC-5 Zoning Districts
(1) Shall be limited to no more than 12,000 sq.ft. of building area.
(B) Standards for the O/RM Zoning District
(1) Shall be limited to no more than 16,000 sq.ft. of building area as a principal use
of property.
5.6.2 Cemetery159
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit and
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) Evidence that the requirements of the North Carolina General Statutes
Chapter 65 can be achieved and that the standards of the N.C,
Cemetery Commission shall be met.
(2) Standards of Evaluation
(a) A minimum lot size of two acres is provided.
(b) The site shall have direct access to a collector or arterial street.
(c) There shall be adequate space within the site for the parking and
maneuvering of funeral cartilages.
(d) No interments shall take place within 30 feet of any lot line.160
5.6.3 Eating and Drinking Establishments161
(A) Use Standards
(1) Shall have frontage, and obtain access from, a public roadway.
(2) Buildings housing nightclubs, bars, and pubs shall not be located within 200 ft. of
a residential structure.162
(3) Drive-thru facilities shall only be permitted within the CC-3, GC-4, EDE-2, EDB-2,
158 Combined with the Eating and Drinking Establishment use category.
159 This was moved from the existing Miscellaneous land use category contained in Section 5.17.3.
160 As previously indicated, there are instances where existing standards are shown as Red Underlined Text. This is
due to their relocation within Article 5. If there are changes staff will identify same in Bold Red Underlined Text or
Bold Red Strikethrough Text in instances where existing language is being eliminated. These regulations, for
example, are the existing standards governing the development of a cemetery.
161 This combines restaurants, nightclub, pubs, bars, etc. into one central land use category. Additional
development standards will be added in a future text amendment.
162 Existing regulations taken from Section 5.6.1. Staff added the word structure to the standard for clarification.
73
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-60
EDH-4, and MPD-CZ Zoning Districts.163
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 I-1 and I-2 Zoning Districts.
5.6.5 Garden Center164
(A) Use Standards
(1) Rental of moving vehicles shall be permitted as a customary accessory
use.165
(B) Standards of Evaluation
(1) Outdoor display and storage of goods will be permitted.
(2) Outdoor storage of bulk goods shall be located to the rear or side of the primary
building and screened on three sides by an eight foot high opaque wall or fence.
(3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of
the zoning lot.
5.6.35.6.6 Massage Business
(A) General Standards for Evaluation
(1) Must comply with the Ordinance for the Control of Massage and Massage
Establishments
(2) The submittal of construction plans for all existing and proposed buildings
housing the massage business. The construction plans shall include floor plans
and cross sections showing the proposed use of all portions of such buildings.
(3) For existing buildings, certification by the Orange County Building Inspector that
the structure(s) complies with the North Carolina Building Code and all related
construction codes.
(3) Garden Center166
(B) General Standards for Evaluation167
(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.
163 This reflects existing limitations on where drive‐thru facilities can be developed within the County.
164 Regulations governing the development of a Garden Center were somehow included as part of the regulations
for a Massage Business. Staff is correcting the error and moving the standards to the appropriate location.
165 We have several garden centers in the County that rent vehicles for moving (i.e. U‐Haul trucks, etc.). We are
adding language in Bold Blue 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.
166 When the UDO was created provisions governing the development of a ‘Garden Center’ were included with
regulations associated with a massage business. This error is being corrected.
167 Moved to Section 5.6.5 of the UDO.
74
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-61
5.6.45.6.7 Junkyards/Salvage Yards
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(A)(B) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Detailed plans and specifications for the site screening proposed.
(b) Description of type and number of motorized machines to be employed
upon site.
(c) Indicate on the site plan the extent of area to be used for the storage of
junked or wrecked motor vehicles
(2) Standards for Evaluation -
(a) The site shall be screened from adjacent property by a minimum of an
eight foot high solid fence or equal, uninterrupted except for required
vehicle access points.
(b) No materials shall be stored closer than 50 feet to the public right of way
or 30 feet to the property lines.
(c) Site is of adequate size to protect adjacent properties from adverse
effects of the junkyard.
5.6.55.6.8 Kennels (Class II)
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(2) Allowed as more than 1 principal use if location on a bona fide farm. Refer to
Section 6.2.5 of this Ordinance.
(A)(B) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements –
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.
75
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-62
(i) The 150 foot setback established by this section shall not apply if
all portions of the facility, in which animals are housed, are
wholly enclosed within a building.
(ii) For Class II Kennels developed within the EDE-2 zoning district,
this setback shall not apply to dog training activities where each
dog is under the immediate control of its trainer, owner, or other
responsible individual.
(iii) For Class II Kennels developed within the EDE-2 zoning district,
all buildings, structures, dog runs, pens, or exercise yards in
which animals are housed or exercised shall observe the
principal setbacks established within Section 3.7 of the UDO in
those instances where the property abuts other EDE-2 zoned
property and US Highway 70.
(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(g) All proposed signage shall comply with dimensional requirements as set
forth within Section 6.12.
(h) A Class II Kennel Permit All necessary permits168 shall be obtained
from Orange County Animal Services within the first 30 days of
occupancy. Failure to obtain and maintain a valid Class II Kennel Permit
or other related permits which may be required by the USDA or Wildlife
Resources Commission will result in revocation of the Special Use
Permit.
5.6.9 Short Term Rental Small – Host Occupied169
(A) Use Standards170
(1) Shall be served by either direct access onto a State maintained road or legal
access to a public road by way of a recorded easement.
(2) Short Term Rental Small uses are considered to be residential land uses and
shall be permitted within all protected and critical Watershed Protection Overlay
Districts as detailed in Section 4.2 of this Ordinance.
(3) Allowed as more than 1 principal use if location on a bona fide farm. Refer to
Section 6.2.5 of this Ordinance.
(B) Submittal Requirements171
168 Language in Bold Red Underlined Highlighted text denotes a modification to address a concern from the
County Attorney.
169 A Short Term Rental Small – Host Occupied is consistent with what new now classify as a Rural Guest
Establishment Bed and Breakfast.
170 These are existing use standards for a Bed and Breakfast.
76
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-63
(1) In addition to the information required by Section 2.5 of this Ordinance, the
following information shall be provided on the site plan:
(a) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(b) Location and dimensions of all on site signage.
(c) Boundaries of the site.
(d) Location of well and septic system.
(2) A Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(a) Amount of area allocated to each use.
(b) Number of full and part time employees.
(c) Number of clients and/or occupants expected to use the facility.
(d) Proposed hours of operation for non-residential uses of the site and
within buildings thereon.
(3) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
(4) Landscape plan, at the same scale as the site plan, showing existing or proposed
trees, shrubs, ground cover and other landscape materials. (Landscape
information is often shown on the base plan for small projects. Each tree
does not have to be individually identified; showing an “existing tree line”
is often sufficient for large lots, where the bulk of the property remains
wooded.)172
(5) Statement from the appropriate public service agencies concerning the method
and adequacy of water supply and wastewater treatment for the proposed uses.
(6) Statement from the appropriate public service agencies concerning the provision
of fire, police and rescue protection to the site and structures.
(7) The proposed development schedule for the site.
(8) Applicants requesting a full or partial waiver of the right-of-way land use buffer
shall submit evidence that the property is listed on the National Historic Register
or recognized by the State of North Carolina or the County of Orange as a place
of historic interest. Applications incorporating historic sites shall provide a
description of how the historical style and character of the building and/or
property is to be enhanced through the project.
(B)(C) Standards of Evaluation
Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given character
of surrounding development.
Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and facilities.
Recreational areas, service areas, parking and screening are adequate for
the proposed use(s).
Internal vehicular and pedestrian circulation is adequate for the proposed
171 Submittal standards are consistent with the requirements for a Bed and Breakfast as detailed in Section 5.6.6 of
the UDO.
172 Staff is recommending deleting the Bold Blue Strikethrough language. This is redundant and unnecessary
information.
77
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-64
use(s). 173
(1) Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Building Inspections Division prior to issuance
of any Certificates of Occupancy.
(2) In those cases where a Certificate of Occupancy is not required, the applicant
shall schedule a site inspection with the Fire Marshal and Building Inspections
Division and submit documentation of site approval to the Planning Department
prior to commencing operation.
(3) The applicant shall be permitted to construct one sign not to exceed 16 square
feet in size. Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent night-time
glare.
On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance.
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.
The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to NCDOT
driveway permits.
(4) 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. 174
(5) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a Certificate of
Occupancy to begin operations, shall submit documentation from the Fire
Marshal and Building Inspections Division that all areas open to the public meet
state regulations.
5.6.10 Short Term Rental Large – Host Occupied175
(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:176
(a) Five acres with no on-site eating establishment;
173 As part of addressing concerns from the County Attorney over giving staff discretionary authority in the UDO,
staff is now recommending deleting the Bold Red Strikethrough language. Staff does not have the authority to
make the determinations referenced herein. As a result, same is being eliminated.
174 Ibid.
175 This combines Bed and Breakfast Inn and County Inn into a single land use category that will be processed
through the Class A Special Use Permit process.
176 Minimum acreage requirements are consistent with existing regulations contained within Section(s) 5.6.6 (A) (2)
(n) and 5.6.7 (A) (2) (n).
78
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-65
(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 Requirements177
(1) In addition to the information required by Section 2.5 of this Ordinance, the
following information shall be provided on the site plan:
(a) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(b) Location and dimensions of all on site signage.
(c) Boundaries of the site.
(d) Location of well and septic system.
(2) A Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(a) Amount of area allocated to each use.
(b) Number of full and part time employees.
(c) Number of clients and/or occupants expected to use the facility.
(d) Proposed hours of operation for non-residential uses of the site and
within buildings thereon.
(3) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
(4) Landscape plan, at the same scale as the site plan, showing existing or proposed
trees, shrubs, ground cover and other landscape materials.
(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).
177 Submittal requirements are consistent with existing regulations contained within Section(s) 5.6.6 (A) (1) and
5.6.7 (A) (1).
79
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-66
(4) Internal vehicular and pedestrian circulation is adequate for the proposed use(s).
(5) Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Building Inspections Division prior to issuance
of any Certificates of Occupancy.
(6) In those cases where a Certificate of Occupancy is not required, the applicant
shall schedule a site inspection with the Fire Marshal and Building Inspections
Division and submit documentation of site approval to the Planning Department
prior to commencing operation.
(7) The applicant shall be permitted to construct one sign not to exceed 16 square
feet in size. Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent night-time
glare.
(8) On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance. The Fire Marshal shall approve the site plan indicating there is
sufficient area for EMS and fire truck accessibility.
(9) The site shall meet the landscaping and buffer requirements established in
Section 6.8 of this Ordinance. However, property recognized by the state or the
county as a historic site, or as containing a significant historic structure, shall
receive a full or partial waiver of the road-front land use buffer to maintain the
historic character of the site and the traditional view of the house from the
roadside.
(10) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to NCDOT
driveway permits.
(11) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient overflow
parking available on site. Overflow parking does not have to be paved or
graveled but must be on a suitable (even) surface.
(D) Expiration and Re-approval of Special Use Permit178
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.
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.
The Board of County Commissioners shall not renew the Special Use Permit if it
is determined that the applicant has failed to comply with the conditions of
approval.
If the Board of County Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit.
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.
178 This was existing language, as contained within Section 5.6.7 (A) (3) of the UDO, staff was reviewing. After
conferring with the Attorney, it is being eliminated. The standard is inconsistent with how special use permits are
processed per other relevant sections of the UDO.
80
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-67
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
(1) Submittal Requirements
(a) A site plan, prepared in accordance with the requirements of Section 2.5,
containing the following: (Per Section.2.5.2 professional design and
certification is not required for Rural Guest Establishments with three
guestrooms or less—bed & breakfasts.)
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site.
(iv) Location of well and septic system.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) The proposed development schedule for the site.
(h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
81
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-68
(i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the Planning Director. Such documentation
shall not be limited to the easement deed, but may also include copies of
road maintenance agreements as determined by the Planning Director.
(j) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
(k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register or recognized by the State of North Carolina or the
County of Orange as a place of historic interest. Applications
incorporating historic sites shall provide a description of how the
historical style and character of the building and/or property is to be
enhanced through the project.
(2) Standards of Evaluation
(a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(d) The site is served by direct access to a State maintained road, or has
legal access to a public road by way of a recorded easement.
(e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
(f) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site.
(g) Bed & Breakfast establishments shall be allowed in all protected
watersheds, and critical areas.
(h) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
(i) In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
(j) The applicant shall be permitted to construct one sign not to exceed 16
square feet in size. Such identifying signs shall be installed with
landscaping around the base. All illumination shall be installed as
ground lighting to prevent night-time glare.
(k) On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance.
82
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-69
(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
5.6.7 Rural Guest Establishment: Bed & Breakfast Inn
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
(a) A site plan, prepared by an appropriately licensed professional in
accordance with the requirements of Section 2.5, containing the
following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Location of well and septic system.
(iv) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) The proposed development schedule for the site.
(h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
83
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-70
(i) Any bed & breakfast inn that is not located on a state maintained road
shall furnish a copy of the deed establishing the ingress/egress
easement to the County. Such documentation shall not be limited to the
easement deed, but may also include copies of road maintenance
agreements as determined by the County.
(j) Any application for a bed & breakfast inn operation that does not include
any changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
(k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
historic sites shall provide a description of how the historical style and
character of the building and/or property is to be enhanced through the
project.
(2) Standards of Evaluation
(a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(d) The site is served by direct access to a State maintained road.
(e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
(f) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site.
(g) Bed & Breakfast Inns shall be considered commercial operations and
therefore may not be allowed in all protected watersheds, and critical
areas.
(h) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
(i) In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
(j) The applicant shall be permitted to construct one sign not to exceed 16
square feet in size. Such identifying signs shall be installed with
landscaping around the base. All illumination shall be installed as
ground lighting to prevent night-time glare.
(k) On-site parking shall be provided in accordance with Sections 6.9 of this
Ordinance.
84
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-71
(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
(n) The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five acres. A Bed & Breakfast Inn
may be permitted on lots of less than five acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the Staff Engineer.
(3) Expiration and Re-Approval of SUP
(a) The Class B Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of Adjustment after
receiving a report from the Planning Department that the use is, and has
been continuously since it was issued, in compliance with provisions of
the Special Use Permit.
(b) The Orange County Planning Department shall present its report on the
compliance of the special use no later than 90 days before the expiration
of the Special Use Permit.
(c) The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval.
(d) If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit.
(e) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.6.8 Rural Guest Establishment: Country Inn
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
(a) A site plan, prepared by an appropriately licensed professional in
accordance with the requirements of Section 2.5, containing the
following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Location of well and septic system.
(iv) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
85
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-72
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) The proposed development schedule for the site.
(h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
(i) Any application for a Country Inn that does not include any changes to
an existing structure, and therefore does not require a Certificate of
Occupancy to begin operations, shall submit documentation from the
Fire Marshal and Building Inspections Division that all areas open to the
public meet state regulations.
(j) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
historic sites shall provide a description of how the historical style and
character of the building and/or property is to be enhanced through the
project.
(2) Standards of Evaluation
(a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(d) The site is served by direct access to a State maintained road.
(e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
86
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-73
(f) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site.
(g) Country Inns shall be considered commercial operations and therefore
may not be allowed in all protected watersheds, an critical areas.
(h) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
(i) In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
(j) The applicant shall be permitted to construct one sign not to exceed 16
square feet in size. Such identifying signs shall be installed with
landscaping around the base. All illumination shall be installed as
ground lighting to prevent night-time glare.
(k) On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance. The Fire Marshal shall review and approve the site plan to
ensure EMS and fire truck accessibility.
(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
(n) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten acres. A Country Inn may be permitted
on lots of less than ten acres if the tract is currently served by public
water and sewer subject to the review and approval of the appropriate
agencies, and the Staff Engineer; or if the tract will receive public
services as part of a larger development project such as a planned
development or village flexible development.
(3) Expiration and Re-Approval of SUP
(a) The Class A Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of County
Commissioners after receiving a report from the Planning Department
that the use is, and has been continuously since it was issued, in
compliance with provisions of the Special Use Permit.
(b) The Orange County Planning Department shall present its report on the
compliance of the special use no later than 90 days before the expiration
of the Special Use Permit.
(c) The Board of County Commissioners shall not renew the Special Use
Permit if it is determined that the applicant has failed to comply with the
conditions of approval.
87
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-74
(d) If the Board of County Commissioners does not renew the permit, the
permit shall become null and void upon the expiration of the time limit.
(e) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.6.9 Microbrewery with Minor Events179
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
179 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.
88
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-75
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
5.6.10 Microbrewery with Major Events180
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
180 Moved to the central Microbrewery use under the Manufacturing, Assembly, Processing, and Distribution Uses
– Food land use category in Section 5.14.2 of the revised UDO.
89
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-76
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
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
(a) Shall be limited to no more than 24,000 sq.ft. 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 I-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.
(A)(B) Standards of Evaluation for Class B Special Use Permit
(1) Enterprises located in an AR zoning district must be located on a bona fide farm.
(2) If located adjacent to residentially zoned property, all buildings, structures,
facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100
feet from the property line.
90
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-77
5.6.12 Winery with Minor Events
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
91
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-78
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
5.6.13 Winery with Major Events
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
92
Article 5: Uses
Section 5.6: Standards for Commercial Service Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-79
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.6.14 Country Store181
(A) General Standards for Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
spaces.
(3) All structures and outdoor storage areas shall be located a minimum of 100 feet
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.6.155.6.14 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:
181 Moved to the Retail Use category.
93
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-80
(i) Residential land use including any open space established as
part of the residential subdivision approval process,
(ii) Church and/or place of worship,
(iii) School (public, private, or specialty),
(iv) Public or private library,
(v) State licensed child care facility, or
(vi) Public park or recreational facility.
(c) Measurement shall be made in a straight line, without regard to the
intervening structures or objects, from the nearest portion of the building
or structure used as the part of the premises where a sexually oriented
business is conducted to the nearest portion of a building, structure, or
open space area of a use listed above.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Uses as Accessory Uses
(A) Use Standards - Residential Land Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a residence shall abide by the following:
(1) General Standards
(a) Accessory recreational uses shall not be open to the public or serve as a
recreation amenity for other lots.
(b) Amenities, equipment, and/or facilities intended for spectators such as
bleachers or public address systems shall not be permitted.
(c) Outdoor sports field lighting, as detailed within Section 6.11, shall be
prohibited.
(2) Specific Standards
(a) Motor Cross and Go-Kart Tracks
(i) All tracks and/or paths shall be located a minimum of 100 feet
from a property line.
(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.
94
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-81
(3) Facilities may include such features as play and training areas, athletic field
lights, public address systems, parking for patrons and staff, storage/office
facilities, and restroom/locker facilities.
(4) No building shall be closer than 20 feet from any right-of-way or property line or
the minimum requirements of the district in which it is located.
(5) Outdoor athletic fields shall comply with the provisions of Section 6.11 and shall
be located a minimum of 50 feet from a property line.
(6) All outdoor recreational facilities shall utilize a combination of screens, fences,
nets, berms, or vegetation to keep equipment on the property.
(B) Standards for Specific UsesUse Standards
(1) Shooting Ranges
(a) Shooting ranges, including skeet shooting activities, shall be designed or
oriented to keep projectiles on the property.
(b) Outdoor shooting ranges shall:
(i) Be located a minimum of 300 feet from all property lines, street
rights-of-way, or access easements;
(ii) Be located a minimum of 1,000 feet from occupied dwelling units
external to the property; and
(iii) Direct all stationary target shooting activities into a projectile-
proof backstop a minimum of 15 feet in height and 30 feet in
depth.
(iv) Operate only from 10:00 a.m. to 6:00 p.m. daily.
(v) Maintain a Type F land use buffer, as detailed in Section 6.8,
around the perimeter of the range.
(c) Indoor shooting activities shall:
(i) Be located a minimum of 50 feet from all property lines, street
rights-of-way, or access easements;
(ii) Be located a minimum of 500 feet from occupied dwelling units
external to the property; and
(iii) Direct shooting activities into a projectile proof backstop to keep
the shot within the structure.
(iv) Maintain a Type B land use buffer, as detailed in Section 6.8,
around the perimeter of the property.
(d) Nothing in Section 5.7.2 (B) shall be construed as regulating hunting
activities or the operation of a shooting range developed for, and
exclusively utilized by, local, State, and/or Federal law enforcement
agencies.
(e) Nothing in Section 5.7.2 (B) shall be construed as regulating or
prohibiting:
(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
95
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-82
in self-defense, or engaging in target shooting activities on a
parcel of property no more than 2 days in a given month.
(2) Outdoor Paintball
(a) Areas where outdoor paintball activities occur shall be a minimum of 50
feet from all property lines, street rights-of-way, or access easements.
(b) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the portion of property where outdoor paintball
activity occurs.
(3) Pitch and Putt Courses
(a) Pitch and putt areas shall be located a minimum of 40 feet from all
property lines, street rights-of-way, or access easements.
(b) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the portion of property where pitch and putt
course activity occurs.
(C) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the exact type facility planned, the amount of area,
including and number of members or participants expected, a site plan
showing siting and size of existing and proposed building.
(b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
(c) Plans, and elevation for all proposed and existing structures and
descriptions of the color and nature of all exterior materials.
(d) A landscape plan showing, at the same scale as the site plan, existing
and proposed trees, shrubs, ground cover and any other landscape
materials.
(e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of all recreational activities
that will take place on the site.
(2) Standards of Evaluation
(a) The property shall have direct frontage on, and obtain vehicular access
from, a public road.
(b) Lot size shall be adequate for the method of sewage disposal proposed,
and for the proposed recreational uses.
(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.
96
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-83
(f) There are no adverse impacts on the adjacent roads or residential
property.
5.7.3 Golf – Driving and Practice Range
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing or proposed buildings, tee areas, lawn areas,
(ii) Distances to nearest residential structures,
(iii) Access road(s) to the site, with an indication of type of proposed
surface;
(iv) On-site parking and roads, with an indication of type of proposed
surface; and
(v) All other requirements as indicated in section 2.5.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
(b) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A Type D 50 foot buffer, as indicated in Section
6.8, shall be observed around the perimeter of the property. This buffer
shall be located outside of the required dimensional area indicated in d.
below.
(c) The site plan, as required in Section 2.7, shall be reviewed by the
Orange County Recreation and Parks Director.
(d) The depth of a range along the driving axis shall be not less than 350
yards measured from the locations of the tees and the breadth not less
than 200 yards at a distance of 350 yards from the tees.
(e) Service to customers shall be halted at dusk. Lighting of the driving and
practice range is not permitted.
5.7.4 Golf Courses
(A) Intent
The purpose of this Subsection is to protect natural, visual, and cultural resources by
regulating the location, planning, design, construction, operation, and maintenance of golf
courses and associated uses.
(B) Applicability
The standards contained herein shall apply to all new golf courses, whether proposed as
a principal use or as an accessory use which is part of a residential subdivision, or
included in a Conditional Use District or Conditional Zoning District.
97
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-92
5.7.5 Camp / Retreat Center182
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan prepared in accordance with Section 2.5, also showing the
following (existing or proposed):
(i) Buildings,
(ii) Campsites,
(iii) Storage areas,
(iv) Fencing and gates,
(v) Outdoor recreation areas
(vi) Access road(s) to the site, as well as on site roads, with an
indication of type of proposed surface.
(b) A description of the type of facility planned, the size, capacity, and use of
proposed buildings; a signed statement from the owners or operators
that there shall be no activity allowed that will have adverse effects on
adjacent property. The statement shall also include a complete list of all
recreational activities that will take place on the site.
(c) A phasing plan, when necessary, indicating the area to be developed in
each phase with time periods for construction of each phase. This may
be indicated on the site plan.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
(b) The site plan shall show the distances to the nearest residential
structures.
(c) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A minimum 30 foot Type B buffer, as indicated
in Section 6.8 shall be observed around the perimeter of the property.
(d) If private recreational facilities are proposed, the improvements must
meet the site improvement requirements in Section 7.11 of this
Ordinance. The site plan for recreational facilities shall be reviewed by
the Orange County Recreation and Parks Director.
(e) Off street parking requirements shall be provided in accordance with
Section 6.9 of this Ordinance.
5.7.6 Race Track (Motorized, etc.) and Go-Kart Track Facilities
(A) Submittal Requirements
182 3/5/2019 – Retreat Center is being moved to the ‘Assembly’ land use category.
98
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-93
A formal site plan shall be submitted showing the current and proposed conditions of the
property, including:
(1) Existing impervious surface calculations,
(2) Location of stormwater retention sites,
(3) The location of all structures and their distance from all property lines,
(4) The location of the septic field and repair areas,
(5) The location of petroleum storage containers and re-fueling areas,
(6) The location of all existing vegetation and buffer areas,
(7) All parking areas including internal traffic circulation patterns for the property, and
(8) All other required information outlined within Section 2.5 of this Ordinance.
(B) Standards of Evaluation
Prior to any land disturbing activity on the property, including the expansion of any
existing uses, the property shall be brought into compliance with Section 6.15 of this
Ordinance.
(9)(1) A 50-foot wide landscaped buffer shall be installed along any portion(s) of
property with public road frontage in accordance with the provisions of Section
6.8 of this Ordinance. In those instances where there are existing structures,
raceways, or vehicular use areas already encroaching into the required
landscaped area, the applicant shall condense the required plantings into the un-
encroached landscaped area. The ultimate intent of this landscape area, for
existing and new facilities, is to:
(a) Provide noise attenuation,
(b) Shield the direct view of the activities from surrounding residential uses,
(c) Provide formal, defined, entries into the facility, and
(d) Naturalize the perimeter.
(10)(2) A 200-foot landscape and conservation buffer/easement shall be established
along all other property perimeters. The entire forest canopy shall be actively
maintained and managed at all height levels as a semi-opaque, intermittent
visual buffer. Land use buffers may be modified to improve their appearance,
functions and overall condition. Permitted modifications may include
reforestation, woodland management, landscape enhancement, or stream buffer
protection.
(11)(3) Existing and proposed signage shall comply with Section 6.12 of this Ordinance.
(12)(4) The facility owner shall demonstrate compliance with Section 6.9 of this
Ordinance and, specifically, complete the following:
(a) Properly define and delineate the parking and travel lanes on the
property, and
(b) Define and delineate emergency vehicle access points and fire lanes on
the property.
(13)(5) The facility owner shall work with NCDOT to complete a traffic intersection
analysis for access points along any state-maintained road or highway to
determine need for access improvements such as left turn lanes or deceleration
lanes.
(14)(6) The facility owner shall work with NCDOT, the State Highway Patrol, and County
officials to address traffic management issues to coordinate acceleration and
deceleration lanes at approved entrance and exit points on the property during
major events.
99
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-94
(15)(7) The facility owner shall work with NCDOT and County officials to post proper
signage on the property directing traffic through a one-way ingress and egress
location.
(16)(8) A litter collection and recycling system shall be developed throughout the
grounds and at all points of egress. During events facility employees shall
remove trash from the receptacles in a timely manner.
(17)(9) All new facilities shall install noise abatement systems to ensure compliance with
applicable County noise regulations. For existing facilities, the property
owner/managers shall provide a noise abatement system to reduce sustained
noise levels at the property lines to the lowest practical level. To accomplish this
goal, the owners/managers have the option of employing, either singly or in
combination, any of the following:
(a) Requiring all competition vehicles to have functional noise mufflers
attached at all times;
(b) Installing a system of noise baffles, berms, or walls on the perimeter of
the racetrack facility incorporated into the design and placement of any
lighting system and viewing stands, and/or
(c) Depressing the elevation of the raceway track surface, or
(d) Some other innovative noise abatement system.
(18)(10) Limits on racing activities shall be such that no race shall extend beyond 11:00
p.m. on Friday and Saturday nights, or beyond 9:00 p.m. on other evenings.
Practice activities shall not commence before 10:00 a.m. on any day and shall
cease by 9:00 p.m.
(19)(11) All external lighting fixtures shall comply with Orange County lighting standards
(Section 6.11).
(20)(12) No storage of hazardous materials shall be permitted, except for racing fuel and
lubricants. Such material storage areas shall be enclosed and posted and the
Orange County Fire Marshal shall approve a pollution incident prevention plan for
the storage facility prior to final occupancy permits.
(21)(13) If additional or accessory land uses are desired, the facility owner shall cause a
new site plan to be created outlining the location and nature of the proposed new
land use, demonstrating compliance with this Ordinance.
(22)(14) The County shall approve a construction schedule to complete the items listed
above.
5.7.7 Guest Ranch
(A) Standards of Evaluation for ASE-CZ Zoning District
(1) Minimum lot size: 25 acres.
(2) Application materials shall include a comprehensive groundwater study, for
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:
100
Article 5: Uses
Section 5.8: Standards for Childcare & Educational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-95
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
(3) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(4) All structures, facilities, storage areas, and parking areas shall be located a
minimum of 100 feet from all property lines.
(5) Special events are not allowed unless approved in the permit and may be limited
in duration, frequency, number of people in attendance, or other aspects.
(6) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
Theater 183184
Use Standards
Drive-in Theaters shall not be permitted as a Conditional Use District. Refer to
Section 5.1.3 of this Ordinance.
Standards for the NC-2 and CC-3 Zoning Districts
Shall be located in-doors. No outdoor performances or drive-in theater facilities
shall be permitted.185
Limited to 100 patrons per individual performance. 186
SECTION 5.8: STANDARDS FOR CHILDCARE & EDUCATIONAL FACILITIES
5.8.1 Daycare Center in a Residence
(A) Use Standards
(1) No more than 12 clients, at any given time, can be served by the facility.187
(A)(B) Submittal Requirements
(1) In addition to the information required by Section 2.4.3, the plot plan shall show
the following:
183 As previously indicated this is a ‘catch all’ category for: movies, plays, performances, drive‐in, etc.
184 3/5/2019 – Theater moved to the ‘Assembly’ land use category.
185 Inclusion of language addressing existing prohibitions and limitations within the districts.
186 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.
187 Staff is adding language, currently contained with the table of permitted uses and definition, outlining the
number of clients that can be served by the facility. Further we are eliminating references to ‘children’ as the use
is being modified to serve adolescents and adults.
101
Article 5: Uses
Section 5.8: Standards for Childcare & Educational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-96
(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 spacearea.188
(2) A floor plan of the proposed child care facility, showing the use and dimensions
of each room and the location of entrances and exits.
(3) Where a State license is required to operate the facility, evidence that the
minimum requirements to qualify for a state Center in a Residence for 3 to 12
Children license have been satisfiedfor said license have been, or will be, met
shall be submitted.
(B)(C) Standards of Evaluation
(1) The Daycare Center in a Residence is to be located in an area, which is free
from conditions dangerous to the physical and moral welfare of the children.189
(2) The minimum requirements to qualify for a State of North Carolina child care
license are satisfied.190
(3)(1) There is direct frontage and access on a public state maintained road.
(4)(2) Adequate access to and from the site, as well as adequate space off the road
right-of-way, is provided for the safe pickup and discharge of children clients and
is provided in such a manner that traffic generated by the Daycare Center in a
Residenceuse is not disruptive to adjacent residentially developed properties.
(5)(3) The plot plan shall show how the facilities will be screened from adjacent
properties. A Type B 30-foot buffer shall be provided around the Daycare Center
in a Residenceuse and play/exercise area in accordance with Section 6.8.6.
These buffers will effectively screen the view of any outdoor play area, and
reduce noise associated with the child careoperation.
(6)(4) Each Daycare Center in a Residence is required to provide at leasta minimum of
75 square feet of outdoor play space for every childclient in care. This space
may not be located in a required buffer or in an area, which is used or reserved
for use as a sewage disposal nitrification field.
(7)(5) Fencing is to be provided around the outdoor space, which ensures the
protection of the children clients receiving child care and protects adjacent
residentially developed properties from trespass.
(8)(6) All gates shall be self-closing and self-latching.
(D) Additional Standards of Evaluation – Care of Children and Adolescents
(1) The Center in a Residence is to be located in an area, which is free from
conditions dangerous to the physical and moral welfare of the children.191
188 Again, staff is adding clarifying language about the outdoor area.
189 Language has been moved to a new sub‐section dealing with specific standards of evaluation for the care of
children and adolescents.
190 Same as above.
191 Existing regulations moved from previous section. While staff is uncertain how such a provision can be
enforced we are recommending, at this time, the provision be maintained. It is likely the condition will be
eliminated in future amendment proposals to address the ambiguous nature of the ‘standard’.
102
Article 5: Uses
Section 5.8: Standards for Childcare & Educational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-97
5.8.2 Child Care Facilities
(A) Use Standards
(1) Standards in Commercial and Industrial Districts
(a) At least 100 square feet of outdoor play space per child client shall be
provided.
(b) Outdoor play/exercise space shall be fenced or otherwise enclosed on all
sides and shall not include driveways, parking area or land unsuited by
other usage or natural features for children's play space. All required
fences shall comply with the regulations of this Ordinance. The minimum
height in any case shall be three feet.
(c) The minimum lot area for the first eight children clients shall be 10,000
square feet. The minimum additional area for multiples of eight children
clients shall be 2,000 square feet.
(B) Standards for of Evaluation for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) Where a State license is required to operate the facility, Eevidence that
the minimum requirements to qualify for a State of North Carolina child
care facility license have been satisfiedsaid license have been, or will be,
met shall be submitted.
(b) A floor plan of the proposed child care facility, showing the use and
dimensions of each room and the location of entrances and exits.
(2) Standards of Evaluation
(a) Facilities involving the care of children and adolescents shall The child
care facility is to be located in an area which is free from conditions
dangerous to the physical and moral welfare of the children. 192
(b) Where a State license is required to operate the facility, the applicant
shall demonstrate Tthe minimum requirements to qualify for a State of
North Carolina child care facility licensesaid license are satisfied.
(c) There is direct frontage and access on a public State-maintained road.
(d) Adequate access to and from the site as well as adequate space off the
road right of way, is provided for the safe pick up and discharge of
children clients and is provided in such a manner that traffic generated
by the child care facility is not disruptive to adjacent residentially
developed properties.
(e) All child pickclient pick up and drop offs shall be on site, with proper
vehicle stacking area equivalent to three cars.
(f) The site plan shall show how the facilities will be screened from adjacent
properties. A Type-B, 30-foot buffer shall be provided around child care
buildingthe facility and play outdoor area in accordance with Section
6.8.6. These buffers will effectively screen the view of any outdoor play
area, and reduce noise associated with the child carefacility.
192 All standards geared towards uses involving the care of children and/or adolescents are being moved to a new
section herein.
103
Article 5: Uses
Section 5.8: Standards for Childcare & Educational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-98
(g) Each child carefacility is required to provide at leasta minimum of 75
square feet of outdoor play space for every child client in care. This
space may not be located in a required buffer or in an area, which is
used or reserved for use as a sewage disposal nitrification field.
(h) Fencing and/or screening is to be provided which ensures the protection
of the children clients receiving child care and protects adjacent
residentially developed properties from trespass.
(i) All gates shall be self-closing and self-latching.
(j) Each child care facility approved by the Board of Adjustment shall be
reviewed annually by the Planning Director to ensure compliance with
the standards of evaluation for such facilities and any conditions
attached to the application by the Board of Adjustment. Any change in
the operation of the facility, which deviates from the original standards
and conditions will constitute a modification and will require the approval
of the Board of Adjustment. In determining whether a change in the
operation of the facility has occurred, the Planning Director shall be
guided by the procedures and criteria contained in Sections 2.7.1 and
5.8.2(B)(2).
5.8.3 Non-Profit Educational CooperativeSchools: Universities, Colleges, and Institutes 193
General Standards:Standards for Class A Special Use Permit
Where identified within the Section 5.2, use shall be permitted with the issuance
of a Class A Special Use Permit in accordance with the provisions of this
Ordinance.
(A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit or CC-3, GC-4, O/RM, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ Zoning
Districts
(1) Submittal Requirements
In addition to the information required by either Section(s) 2.5 and/or 2.7, the
following shall be submitted as part of the application:
(a) The site plan, in addition to other requirements detailed within this
Ordinance shall prepared in accordance with Section 2.5, also showing
denote the following:
(i) Location, width and type of all internal vehicular and pedestrian
circulation.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings therein,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients students and staff expected to use the facility.
(iv) Proposed hours and days of operation.
193 Staff is recommending existing regulations for the Non‐profit Educational Cooperative, which is recommended
for deletion, be utilized to establish standards for the identified land use.
104
Article 5: Uses
Section 5.8: Standards for Childcare & Educational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-99
(c) Building plans for all existing or proposed structures to include floor
plans, elevations and sections showing proposed use.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape
materials.
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) Copy of the organization By Laws and/or Articles of Incorporation.
(h)(g) A detailed description of the organization, its staff, membership,
affiliations and activities.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in applicable
Subsections 2.5, 2.7.3 and 5.8.3(A)(1).
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c) The site has frontage and access on to a paved State maintained road.
The developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
(d) Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
(e) All access roads and employee/visitor parking areas shall be paved.
(f) Development of the site as proposed would have no adverse impact
beyond the building, except for appropriate parking facilities.
(g) The floor area of a building or group of buildings housing a Non- Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance.
(h) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
(i) The applicant must demonstrate its compliance with the definition of
"Non-Profit Educational Cooperative" as contained in Article 10 of this
Ordinance.
5.8.4 Schools: Elementary, Middle and SecondaryPreparatory
(A) Submittal Requirements andStandards forof Evaluation for Class A Special Use
Permit and MPD-CZ
(1) Submittal Requirements
In addition to the information required in by either Section(s) 2.5, 2.7.3 and/or
5.3.2, the following information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of
this Ordinance and with the following additional information shown on the
plan:
(i) Total student capacity of school as designed;
105
Article 5: Uses
Section 5.8: Standards for Childcare & Educational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-103
(k) Public Road Access
(i) Access to the school project shall be via existing public roads
and shall conform to and be in compliance with any public road
access management plan adopted by Orange County.
(l) 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. Maintenance
specifications, if any, for on-going site management (including
provisions for handling of storm debris in open space areas)
shall be submitted as part of the Resources Management Plan
as defined in Definitions (Article 10).
(m) Additional Standards
(i) For non-charter public schools, the minimum lot size shall be, as
required by the School Construction Standards adopted from
time to time by the Board of County Commissioners, the Orange
County Board of Education and the Chapel Hill-Carrboro Board
of Education.
(ii) For all schools, the lot size shall be adequate to accommodate
all activities. The proposed methods to handle the maximum
number of participants and patrons for any single event shall be
provided while also adhering to safe vehicular and pedestrian
circulation.
(iii) Negative visual impacts shall be minimized along any major
roadway. Negative visual impacts include, but are not limited to,
loading/unloading areas, delivery areas, air handling units (roof
top and other), parking areas for machinery, and storage
buildings. Appropriate screening methods shall be used to
enhance the aesthetic value of a project.
(iv) Transportation improvements as deemed necessary by the
Traffic Impact Study.
(v) The site shall be designed to take advantage of multiple shared
use opportunities, which may include a Park and Ride facility for
public transportation.
(vi) Site Access
a. There shall be a minimum of two access points to the
site.
b. Access points shall separate student drop-off areas and
visitor parking from bus traffic.
c. If school buses are used, then at least one access shall
be limited to school employee and bus use during
normal school hours.
d. All access points shall be located to provide maximum
visibility and safety.
e. No driveway shall be permitted in a location that will
hinder or congest traffic movement on a public street.
5.8.5 Schools: Technical, Trade, and Skill Training
(A) Use Standards
(1) Standards for the LC-1, NC-2, CC-3, EC-5, EDH-4, and EDH-5 Zoning
106
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-104
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, I2, I-3, EDB-2, and EDE-2 Zoning Districts
(a) Schools shall involve only activities associated with Continuing
Education, Performing/Fine Arts, Sports and Recreation, and Trade
schools as defined herein.
(3) Standards for the O/RM or MPD-CZ Zoning Districts
(a) All School: Technical, Trade, and Skill Training land uses, as defined
herein, shall be permitted.
(4) Applications proposing flight training schools shall submit documentation
identifying where actual flying activities are intended to occur. No on-site flying
activities, other than the use of simulators, shall be permitted.
(4)(5) Applications proposing a Community College shall require prior approval, and
budgetary allocation of funds by, the Orange County Board of County
Commissioners before being submitted for processing if County funding is
required.
(B) Standards of Evaluation
(1) All outdoor activity areas shall be buffered by a Type B land use buffer around its
perimeter in accordance with Section 6.8.6 of this Ordinance.
SECTION 5.9: STANDARDS FOR UTILITIES
5.9.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations
(A) General StandardsStandards of Evaluation
(1) The design of structures shall conform as closely as possible to the character of
the area in which it is located.
(2) Building or structures shall conform to the minimum building setback distances
for the applicable zoning district and shall not exceed 800 square feet in area.
(3) All buildings and structures shall be landscaped and screened according to the
standards that follow:
(a) Buildings and structures which resemble residential accessory structures
must be landscaped and maintained in the character of a residential
area.
(b) Any outside storage areas must be fenced with a minimum five foot
fence and the area screened from adjacent property according to the
standards in this section.
(c) Lighting in and around these facilities shall be constructed and shielded
so as not to shine directly on adjoining property used for or zoned for
residential purposes. Electrical and telephone service to the structure
shall be placed underground. Types of lighting to be considered shall
include, but not be limited to, indoor lights when visible through windows,
outdoor lighting, automobile headlights and signs. Devices to shield
lighting may include shades, fences, shrubs, trees and natural
conditions.
107
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-105
(d) Parking areas and driveways used in connection with facilities
constructed pursuant to this Section shall either be surfaced or shall be
located and maintained in a condition so that dust and dirt will not settle
on adjoining properties as a result of their use. Driveway entrances shall
be located in a manner that will create as few additional traffic hazards
as possible.
(e) Screening
(i) Buildings, structures, equipment or material shall be screened by
either a durable masonry wall, or a fence, or by natural planting,
designed to be compatible with the character of adjoining
properties, in order to materially screen the uses within the
subject property from the view of adjacent properties.
(ii) Screening shall be required along any portion of the perimeter of
the parcel, easement, or leasehold located adjacent to property
zoned for residential use, except where such property is owned
or leased by a utility, and used by the utility for public utility
purposes.
(iii) Where screening is required, walls and fences shall be at least
five feet in height, but need not be greater than seven feet in
height, measured from the ground along the common lot line of
adjoining properties. Walls and fences shall be constructed and
maintained in a safe and sound condition.
(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.
108
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-106
(3) The facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility) which has been recorded with the Orange County
Register of Deeds.
(4) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
(5) A Type E Land Use Buffer shall be provided along any portion of the perimeter of
the parcel, easement, or leasehold located adjacent to property zoned for
residential use, except where such property is owned, leased or consists of other
utility easements currently used for electrical distribution or transmission
purposes or no other purposes.
(6) Existing vegetation within an easement, leasehold or parcel of a public utility may
be used to satisfy the landscaping requirements.
(7) Modification to or replacement of existing facilities shall be subject to the
requirements set forth in this Section. Pre existing facilities may remain during
construction of replacement facilities, but shall be dismantled after the
replacement facility is in operation.
(8) The parcel or easement across the parcel, (whether owned or leased by the
utility) on which the facility is located shall contain a minimum area of 5000
square feet.
(9) The applicant shall submit proof of liability insurance covering bodily injury and
property damage demonstrating a minimum coverage limit of $ 500,000.00 per
occurrence.
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.
109
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-107
(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.
(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.
110
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-108
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing and proposed structures within the site of the line,
(ii) All existing structures within 50 feet of the boundaries of the site,
and
(iii) Officially designated floodways and floodplains.
(b) A plan of erosion and sediment controls for the site.
(c) Typical cross sections for the installation showing elevation of all
structures and existing and proposed topography.
(d) Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
(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 StandardsStandards 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
111
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-110
(2) Standards for Building Mounted Devices:
(a) An array may be mounted on the roof of a principal or an accessory
structure located on the property.
(b) The array shall be viewed as an extension of the roof structure and, as a
result, shall not exceed the maximum building height detailed within
Article 3 for the underlying zoning district where the property is located.
(c) As part of the building permit review process, structural engineering shall
be provided demonstrating the roof can support the weight of the
proposed array.
(3) Standards for Ground Mounted Devices:
(a) Ground mounted system shall not exceed a maximum height of 15 feet
from finished grade.
(b) The surface area of a ground mounted system, regardless of the
mounted angle, shall be calculated as part of the overall impervious
surface area for the parcel in accordance with the provisions of Section
4.2.
(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
112
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-111
(a) The proposed array shall not require the alteration of existing land use(s)
to accommodate development.
(b) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(c) The height of proposed arrays and support structures shall not exceed
the height requirements of the underlying zoning district where the
property is located as detailed within Article 3.
(d) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(e) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(f) All mechanical equipment, including any structure for batteries or storage
cells, shall be completely enclosed by a minimum eight (8) foot high
fence with a self-locking gate, and provided with screening in accordance
with the provisions of Section 6.8.
(g) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
(h) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
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.
113
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-112
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight (8) foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
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.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
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.
114
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-116
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards of Evaluation for Stealth Rooftop or Building, Water Tower, or
Transmission Line Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
line;
(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;
115
Article 5: Uses
Section 5.11: Standards for Waste Management Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-135
(2) If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the bond.
5.10.10 Ham Radio Antenna 194
(A) Standards of Evaluation
(1) Shall be for the private use of the property owner on which they are located.
(2) Shall not exceed 90 ft. in height.195
(3) Minimum setbacks from the base of the antenna to the property boundary shall
be equal to 110% of the tower height. 196
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
(A) General StandardsStandards of Evaluation
(1) The site shall consist of a parcel, or easement across a parcel, (whether owned
or leased by the public agency) which has been recorded by the Orange County
Register of Deeds.
(2) The parcel or easement across the parcel, (whether owned or leased by the
public agency) on which the facility is located shall contain a minimum area of
40,000 square feet.
(3) The parcel or easement shall have frontage on a State maintained road.
(4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of
the parcel or easement.
(5) Fencing at least six feet in height shall be provided between the landscape buffer
and the improved portion of the parcel or easement.
(6) An entrance sign shall identify site as a sanitation collection site, and shall
identify the responsible public agency. The sign shall contain a maximum of nine
square feet and shall not exceed eight feet in height. Instructional signs may be
erected as needed within the facility.
(7) The entrance to the site shall contain a travelway a minimum of 30' in width.
5.11.2 Landfills
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(A)(B) Submittal Requirements and Standards of Evaluation for Class A and Class B
Special Use Permits197
(1) Submittal Requirements
194 As indicated herein there was a 2007 State law requiring local government to allow for reasonable access to
personal ham radio antenna. Staff is proposing to modify the UDO to ensure this allowance is provided for.
195 90 ft. of allowable height is specifically referenced in the State law. Staff is again incorporating the specific
allowance with the UDO as part of this amendment package.
196 Setback standards are the same for a telecommunication facility (i.e. cell tower).
197 Under existing regulations a landfill operation less than 2 acres in area is required to obtain a Class B Special Use
Permit. Staff is recommending the elimination of this distinction and requiring landfills, regardless of size, to
obtain a Class A Special Use Permit.
116
Article 5: Uses
Section 5.12: Standards for Extractive Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-138
(c) Letters from the appropriate agencies that the facility has adequate
protection against fire, vandalism and personal injury.
(d) Survey of floodplain and floodway location on the site plan.
(e) An emergency management plan that has been submitted to the
appropriate North Carolina State agency, and approved.
(2) Standards of Evaluation
(a) All necessary State permits have been applied for and granted to the
applicant.
(b) The description of the type facility planned, including a detailed
description of the type wastes to be stored or disposed of on the site, the
size of the finished project, method of storage or final disposal.
(c) Adequate fire, police and rescue protection can be provided. The
appropriate agencies have written letters confirming adequate protection.
(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.
SECTION 5.12: STANDARDS FOR EXTRACTIVE USES
5.12.1 Borrow Pits for Federal and State Highway Projects
(A) Use Standards
(1) Permitted by right in all districts in accordance with the provisions of Section
5.1.1 of this Ordinance
(A)(B) General Standards of Evaluation
(1) The borrow pit is located within one-half mile of the construction site;
(2) An Erosion Control Plan has been approved by the Department of Environment,
Health and Natural Resources;
(3) The material extracted is to be used solely for a State or Federal road
construction project; and
(4) Road construction plans include provision for reclaiming the excavated area. If
the reclamation plan involves filling the excavated area, the fill material must be
inert material defined as beneficial fill by the Solid Waste Branch of the
Department of Environment and Natural Resources, provided that the debris is
also associated with a State or Federal Highway road construction project.
Inclusion of reusable or recyclable materials in the reclamation or filling of the
borrow pit should be minimized. A proposed debris recycling program or a
statement as to why material will not be recycled must be submitted for review by
Orange County.
5.12.2 Extraction of Earth Products
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
117
Article 5: Uses
Section 5.12: Standards for Extractive Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-139
this Ordinance.
(2) Processing of materials on-site, beyond incidental mechanical consolidation or
sorting to facilitate transportation off-site for further processing, is prohibited. 198
(B) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) 26 copies of the site plan, prepared by an appropriately licensed
professional, which shall contain the following:
(i) Extent of area to be excavated or mined.
(ii) Aerial photograph of site and all areas within 1,000 feet of the
perimeter of the property flown within two months of the
application for a Special Use Permit.
(iii) Existing topography at a contour interval of two feet based on
mean sea level datum.
(iv) Land use, road system, natural features and topographical ten
foot contour intervals) details for the area within 1,000 feet of the
perimeter of the property.
(v) Typical cross sections showing extent of overburden, extent of
sand and gravel deposits, and water table.
(vi) Proposed handling and storage areas for overburden, by
products and excavated materials.
(vii) Location and results of groundwater borings showing depth of
groundwater.
(viii) Any areas proposed for ponding.
(ix) Wind pattern details and on site windbreaks.
(x) Soils details and statement addressing agricultural productivity
and reclamation.
(xi) Traffic impact analysis addressing the capacity of the roads to
serve the site.
(xii) Access roads to the site, as well as on site roads, with indication
of surface treatment to limit dust. Sight distances on all roads
used for access to the site.
(xiii) Required setback areas, including screening/buffering existing
and/or proposed. If plant materials are to be installed, the
number, location, size and type of plants are to be identified.
(b) An Operations Plan which shall include:
(i) The date proposed to commence operations and their expected
duration.
(ii) Proposed hours and days of operations.
(iii) Estimated type and volume of extraction.
198 This is an existing prohibition contained within the definition of Extraction of Earth Products within Article 10 of
the UDO. Staff is including language herein to specifically denote the prohibition.
118
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-142
(k) The Operations Plan and the Rehabilitation Plan shall be coordinated so
that the amount of disturbed land is kept to the absolute minimum
consonant with good practices and so that rehabilitation proceeds in
concert with extraction.
(l) No land disturbance shall take place within 250 feet of the zoning lot line
or the property line where the zoning line and the property line are one
and the same. Within the 250 foot setback area, existing vegetation
shall be retained for the purpose of providing a visual screen and noise
buffer. No disturbance or removal of vegetation shall be permitted
except for access roads leading from the excavation area to public
roads. Where vegetation within the 250 foot setback does not exist, the
applicant shall be required to provide a dense, evergreen buffer
consistent with the purpose cited above. The buffer shall be in place
prior to the initiation of any excavation activities.
(m) The applicant shall submit operational reports, prepared on an annual
basis, detailing the amounts of materials extracted, extent of extractive
area, depth of extractive area, and results of groundwater test borings.
(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 5.13: STANDARDS FOR AGRICULTURAL USES
5.13.1 Agricultural Processing Facility
(A) Use Standards
(1) Shall not be permitted:
(a) As a Conditional Use District. Refer to Section 5.1.3 of this Ordinance.
199
(b) Within the Rural Buffer land use classification, as designated by the
adopted Comprehensive Plan, as part of a Conditional Zoning District
application. 200
(A)(B) General Standards for of Evaluation
(1) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
199 As previously indicated the County’s Attorney office has advised symbols should only be utilized to denote
review/approval processes for land uses. Regulatory allowances/prohibitions, such as the aforementioned
language, is being moved into the individual land use standards contained in Article 5.
200 This is existing language from Section 5.2.3 Table of Permitted Uses – Conditional Zoning Districts incorporated
herein consistent with advice from the County’s Attorney office to limit the use of symbols within the proposed
revision.
119
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-143
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
(2) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(3) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
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.
(A)(B) General Standards for of Evaluation
(1) If located in an AR or RB zoning district, facility shall be located on the bona fide
farm of one of the cooperative farm partners or must be permitted as an ASE-CZ.
(2) The building shall not exceed 10,000 square feet in size.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
(4) If located adjacent to residentially zoned property, all buildings and outdoor
120
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-144
storage areas shall be located a minimum of 100 feet from the property line.
(5) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
5.13.3 Cold Storage Facility
(A) General Standards for of Evaluation
(1) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(2) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
5.13.4 Community Farmers’ Market
(A) Use Standards
(1) Allowed as more than 1 principal use if located on a bona fide farm. Refer to
Section 6.2.5 of this Ordinance.
(A)(B) General Standards for of Evaluation
(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.
201
(a)(b) Within the Rural Buffer land use classification, as designated by the
adopted Comprehensive Plan, as part of a Conditional Zoning District
application. 202
(B) General Standards for of Evaluation for Class A Special Use Permit or ASE-CZ
Zoning District
(1) The minimum lot size shall be 10 acres unless permitted as an ASE-CZ.
(2) All operations shall be located a minimum of 150 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage areas shall be screened from view of adjacent properties and
the road right-of-way.
(5) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
201 Again, the proposed amendment is designed to include existing prohibitions currently denoted using symbols.
202 As previously indicated this is existing language from Section 5.2.3 Table of Permitted Uses – Conditional Zoning
Districts incorporated herein consistent with advice from the County’s Attorney office.
121
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-145
(6) Compost piles shall not exceed 15 feet in height.
(7) Operations that include grinding shall adhere to the following:
(a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or
as otherwise specified on the permit.
(b) Grinding area shall be located a minimum of 1,000 feet from any existing
dwelling unit located on adjacent properties.
(c) Grinding area shall be located a minimum of 300 feet from all property
lines.
(8) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.13.6 Cooperative Farm Stand
(A) Use Standards
(1) Shall be permitted as more than 1 principal use if located on a bona fide farm.
Refer to Section 6.2.5 of this Ordinance.
(A)(B) General Standards for of Evaluation
(1) In addition to the application materials required in Sections 2.5.2 and 2.4.3, the
following shall also be required:
(a) The number and location of participating cooperative farm partners.
(b) A description of the facility, including size of structure(s) and access
locations.
(c) Number of employees, if any.
(d) Frequency and hours of operation.
(2) Sales of any products not produced on the farm(s) of one of the cooperative farm
partners shall be incidental, related to, and a subordinate component of farm
stand sales in scale and profit.
5.13.7 Equestrian Center
(A) Standards of Evaluation for Class A Special Use Permit or ASE-CZ Zoning District
(1) Minimum lot size: 15 acres.
122
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-146
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) All structures, facilities, storage areas, and parking areas shall be setback a
minimum of 100 feet from all property lines.
(4) Parking area(s) shall include sufficient space for parking and maneuvering trucks
and horse trailers.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(7) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.13.8 Farm Equipment Rental, Sales and Service
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(A)(B) General Standards for of Evaluation
(1) Outdoor display and storage of equipment shall be permitted in the side and rear
yards of the primary structure and shall be screened from view of adjacent
properties.
(2) Service bays shall be located at the side or rear of a structure and shall not be
visible from adjacent residential property or the road right-of-way.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Parking shall not be located in the front yard space.
123
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-147
(5) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.13.9 Farm Supply Store
(A) General Standards for of Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
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.
124
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-148
5.13.10 Feed Mill
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(A)(B) General Standards for of Evaluation
(1) The minimum lot size shall be 3 acres, unless permitted as an ASE-CZ.
(2) All structures, equipment, and outdoor storage areas shall be located a minimum
of 100 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage shall be permitted in the rear yard of the primary structure and
shall be screened from view of adjacent properties.
(5) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.13.11 Greenhouses with On Premise Sales
(A) Use Standards
(1) Shall be permitted as more than 1 principal use if located on a bona fide farm.
Refer to Section 6.2.5 of this Ordinance.
(A)(B) General Standards for of Evaluation
(1) If located in an AR zoning district, the minimum lot size shall be 3 acres, unless
permitted as an ASE-CZ.
(2) If located in an AR zoning district, outdoor storage shall be located in the side or
rear yards and shall be setback a minimum of 100 feet from the property line.
5.13.12 Meat Processing Facility, Community
(A) Use Standards
(1) Shall be permitted as more than 1 principal use if located on a bona fide farm.
Refer to Section 6.2.5 of this Ordinance.
(A)(B) General Standards for of Evaluation
125
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-149
(1) The building shall not exceed 10,000 square feet in size.
(2) If located adjacent to residentially zoned property, all buildings, outdoor storage
areas, and animal pens shall be located a minimum of 100 feet from the property
line.
(3) Outdoor storage of products shall be permitted in to the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(4) In addition to the application materials required in Section 2.5 or 2.9, as
applicable, the following shall also be required:
(a) The number of location of participating cooperative farm partners.
(b) Number of employees, if any.
(c) Frequency and hours of operation.
(d) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
5.13.13 Meat Processing Facility, Regional
(A) Use Standards
(1) Use shall not be:
(a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this
Ordinance; or
(b) Permitted within the Rural Buffer land use classification, as designated
by the adopted Comprehensive Plan, as part of a Conditional Zoning
District application.
(A)(B) Standards for of Evaluation for Class A Special Use Permit or ASE-CZ Zoning
District
(1) The minimum lot size shall be 15 acres.
(2) If located adjacent to residentially zoned property, all buildings, outdoor storage
areas, and animal pens shall be located a minimum of 300 feet from the property
line.
(3) Outdoor storage of products shall be permitted in the rear yard of the primary
126
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-150
structure and shall be screened from view of adjacent properties.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(5) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(6) In addition to the information required by Sections 2.7 or 2.9, as applicable,
application materials shall also include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.13.14 Non-Farm Use of Farm Equipment
(A) Use Standards
(1) Shall be permitted as more than 1 principal use if located on a bona fide farm.
Refer to Section 6.2.5 of this Ordinance.
(A)(B) General Standards for of Evaluation
(1) Equipment shall be screened from view from adjacent properties and road(s).
(2) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both
area and duration.
(3) On-site retail sales shall not be permitted.
5.13.15 Stables, Commercial
(A) Use Standards
(1) Use shall not be permitted as a Conditional Use District. Refer to Section 5.1.3
of this Ordinance.
(A)(B) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit or ASE-CZ or MPD-CZ Zoning Districts203
(1) Submittal Requirements –
203 In a future text amendment, staff will be recommending breaking out ‘submittal requirements’ and ‘standards
of evaluation’ into separate subsections to avoid confusion. As part of this amendment package staff is adding
additional wording to ensure consistency within the UDO.
127
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-151
In addition to the information required by Sections 2.7 or 2.9, as applicable, the
following information shall be supplied as part of the application for approval of
this use:
(a) Plans for all barns, boarding facilities, exercise yards, riding arenas, and
related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(c) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Standards of Evaluation –
(a) Minimum lot size: 5 acres for up to 10 horses, increasing by ½ acre for
each horse over 10.
(b) No part of any building, structure, exercise yard, or riding arena, in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
5.13.16 Stockyards / Livestock Markets
(A) Use Standards
(1) Use shall not be:
(a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this
Ordinance; or
128
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-152
(b) Permitted within the Rural Buffer land use classification, as designated
by the adopted Comprehensive Plan, as part of a Conditional Zoning
District application.
(A)(B) General Standards for of Evaluation
(1) The minimum lot size shall be 10 acres.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) All structures, facilities, storage areas, and parking areas shall be setback a
minimum of 100 feet from all property lines.
(4) Parking area(s) shall include sufficient space for parking and maneuvering trucks
and stock trailers.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(7) If located adjacent to residentially zoned property, all animal pens shall be
located a minimum of 300 feet from the property line.
(8) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
SECTION 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY, &
PROCESSING, AND DISTRIBUTION USES - FOOD
5.14.1 Metal Fabrication Shop 204
(A) Standards for ASE-CZ Zoning District
(1) Facility must be located on a bona fide farm.
(2) Minimum lot size: 3 acres.
204 Moved to Section 5.15 Standards for Manufacturing, Assembly, Processing, and Distribution – Other than Food.
129
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-153
(3) Maximum building size: 3,000 square feet.
(4) If located adjacent to residentially zoned property, all buildings and operations
must be located a minimum of 200 feet from the property line.
5.14.1 Manufacturing, Assembly, Processing and Distribution Uses Food
(A) Standards For NC-2 Zoning District
(1) Uses shall be limited to 10,000 sq.ft. of building area.205
(B) Standards for EDB-1 and EDE-1 Zoning Districts
(1) Uses shall be limited to 20,000 sq.ft. of building area.206
5.14.2 Microbrewery, production only
(A) Use Standards
(1) Microbrewery Production Only and Microbrewery with Minor Events land uses, as
defined within this Ordinance, shall be permitted as more than 1 principal use if
located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance.
(2) 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);
205 As indicated in a previous footnote, staff is recommending a 10,000 sq.ft. limitation on buildings for uses in the
NC‐2 zoning district.
206 As indicated in a previous footnote, staff is recommending a 20,000 sq.ft. limitation on buildings for uses in
these districts. The recommended size limitation is based on the overall purpose and intent of the district to serve
low intensity land uses.
130
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-154
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.207
(2) Additional Submittal Requirements for Microbrewery with Minor Events and
Microbrewery with Major Events208
(d)(a) In addition to the requirements in Sections 2.7 and/or 2.9, as applicable,
the following information shall be submitted with the application
materials:
(i) Description of special events to be held on-site, including
frequency of events, hours of operation, anticipated attendance,
and any other pertinent details.
(ii) Location of overflow parking area(s) if required parking is not
anticipated to accommodate all special events.
(iii) A map depicting surrounding uses and the distance to residential
structures.
(iv) A description of retail sales and facility tours, if proposed.
(B)(C) Standards for of Evaluation for Microbrewery, Production Only Class B Special Use
Permit or OR/M, I-1, I-2, I-3, ASE-CZ, and MPD-CZ Zoning Districts
(1) If located in an AR or RB zoning district, the microbrewery must be located on a
bona fide farm.
(a) A microbrewery, production only, that is located on a bona fide farm, and
which utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A microbrewery, production only, that does not utilize primarily crops
produced on-site, regardless of whether it is located on a bona fide farm,
is not considered a bona fide farming use and is subject to the
regulations contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
207 Existing regulations governing the evaluation of a Microbrewery (production only, with minor events, with
major events) all require the submitted of a groundwater study. This language is repeated in 3 separate sections of
the UDO and is now unnecessarily redundant as we are combining all 3 activities within the Manufacturing,
Assembly, Processing, and Distribution Uses – Food land use category. Staff is recommending the existing
condition be placed under a central submittal requirement where we can indicate all activities have to abide by the
requirement rather than list the same standard 3 separate times.
208 Submittal requirements for a Microbrewery with Minor Events and Microbrewery with Major Events are
identical. Staff is combining both into a central section to eliminate unnecessary duplication.
131
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-155
Said study shall detail: 209
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(a) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
(D) Standards of Evaluation for Microbrewery with Minor Events Class B Special Use
Permit or ASE-CZ and MPD-CZ210
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4)(3) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
(C)(E) Standards of Evaluation for a Microbrewery with Major Events for ASE-CZ or MPD-
CZ Zoning Districts211
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4)(3) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
209 Language moved to Section 5.14.2 (A) (3) above.
210 Moved from Section 5.6.8 of the UDO and renumbered. Standards have not been modified.
211 As previously indicated submittal standards for a Microbrewery with Minor and Major events are identical.
Staff has combined and moved them to Section 5.14.2 (B) of this Ordinance. Evaluation standards have been
moved and renumbered accordingly.
132
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-156
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) The permit may limit the frequency of events.
(9)(8) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.14.3 Sawmills 212
(A) General Standards for Evaluation and ASE-CZ Zoning District
(1) Minimum lot size: 5 acres.
(2) All structures, equipment, and storage shall be located a minimum of 100 feet
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
5.14.45.14.3 Winery, production only
(A) Use Standards
(1) Winery Production Only and Winery with Minor Events, as defined within this
Ordinance, shall be permitted as more than 1 principal use if located on a bona
fide farm. Refer to Section 6.2.5 of this Ordinance.
(2) Winery with Major Events, as defined within this Ordinance, shall:
(a) Only be permitted within the ASE-CZ and MPD-CZ Zoning Districts.
(b) Shall not be permitted within the Rural Buffer land use classification, as
designated by the adopted Comprehensive Plan, as part of a Conditional
Zoning District application. Refer to Section 5.1.3 of this Ordinance.
(3) Specific Standards for RB and AR Zoning Districts.
(a) Only Winery, Production Only shall be permitted for development.
(B) Submittal Requirements
(1) Applications for a Winery, Production Only; Winery with Minor Events; and
Winery with 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: 213
212 Moved to a new Section 5.15 addressing development of non‐food manufacturing operations.
213 As with Microbrewery uses, Winery uses (production only, with minor events, with major events) all require the
submitted of a groundwater study. Staff is recommending the existing condition be placed under a general
submittal standard where we can indicate all activities have to abide by the requirement rather than list the same
standard 3 separate times.
133
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-157
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
(2) Additional Submittal Requirements for Winery with Minor Events and
Winery with Major Events 214
(a) In addition to the requirements in Sections 2.7 and/or 2.9, as applicable,
the following information shall be submitted with the application
materials:
(i) Description of special events to be held on-site, including
frequency of events, hours of operation, anticipated attendance,
and any other pertinent details.
(ii) Location of overflow parking area(s) if required parking is not
anticipated to accommodate all special events.
(iii) A map depicting surrounding uses and the distance to residential
structures.
(iv) A description of retail sales and facility tours, if proposed.
(B)(C) Standards for of Evaluation for a Winery, Production Only Class B Special Use
Permit or ASE-CZ Zoning District
(1) If located in an AR or RB zoning district, the winery must be located on a bona
fide farm.
(a) A winery, production only, that is located on a bona fide farm, and which
utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A winery, production only, that does not utilize primarily crops produced
on-site, regardless of whether it is located on a bona fide farm, is not
considered a bona fide farming use and is subject to the regulations
contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
214 As with a Microbrewery with Minor and Major Events, application submittal requirements for a Winery with
Minor and Major events are identical. Staff is combining both into a central section to eliminate unnecessary
duplication.
134
Article 5: Uses
Section 5.14: Standards For Manufacturing, Assembly, & Processing, and Distribution Uses - Food
Orange County, North Carolina – Unified Development Ordinance Page 5-158
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
(D) Standards of Evaluation for a Winery with Minor Events Class B Special Use Permit
or ASE-CZ and MPD-CZ Zoning Districts
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4)(3) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.215
(E) Standards of Evaluation for a Winery with Major Events ASE-CZ and MPD-CZ
Zoning Districts
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4)(3) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) The permit may limit the frequency of events.
215 Existing standards moved from Section 5.6.11 of the UDO and renumbered accordingly.
135
Article 5: Uses
Section 5.15: Standards for manufacturing, Assembly, Processing, and Distribution Uses – Other than Food
Orange County, North Carolina – Unified Development Ordinance Page 5-159
(9)(8) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items. 216
5.14.5 Industrial, Light
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Industrial, Light and adhere to the standards of Section
5.14.5(A)(2):
(a) Banks & Financial Institutions
(b) Beauty & Barber Shops
(c) Laundry & Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.14.5(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Industrial, Light must be established on the
site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
SECTION 5.15: STANDARDS FOR MANUFACTURING, ASSEMBLY,
PROCESSING, AND DISTRIBUTION USES – OTHER THAN
FOOD
5.15.1 Manufacturing, Assembly, Processing and Distribution Uses - Other Than Food
(A) Standards For EI and I-1 Zoning District
(1) Uses shall be limited to 10,000 sq.ft. of building area.
(B) Standards for EDB-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 217
(A) Standards for ASE-CZ Zoning District
(1) Facility must be located on a bona fide farm.
(2) Minimum lot size: 3 acres.
(3) Maximum building size: 3,000 square feet.
216 Existing standards moved from Section 5.6.12 of the UDO and renumbered accordingly.
217 Existing regulations from Section 5.14.1 of the UDO.
136
Article 5: Uses
Section 5.15: Standards for manufacturing, Assembly, Processing, and Distribution Uses – Other than Food
Orange County, North Carolina – Unified Development Ordinance Page 5-160
(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 218
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research Facility With Manufacturing and adhere to the
standards of Section 5.15.3(A)(2):
(a) Banks & Financial Institutions Services219
(b) Service land uses limited to Beauty & Barber Shops, Laundry and Dry
Cleaning Services
(c) Eating and Drinking Establishments limited to Nightclubs, Bars,
Pubs, Restaurants Carry Out and General.
(d) Retail, Class 1 limited to 12,000 sq.ft. of building area
(e) Manufacturing, Assembly, Processing, and Distribution Uses –
Other limited to Printing & Lithography
(2) Multiple Uses, identified in Section 5.15.3(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must 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 Sawmills220
(A) Use Standards
(1) Use shall not be:
(a) Permitted as a Conditional Use District. Refer to Section 5.1.3 of this
Ordinance; or
(b) Permitted within the Rural Buffer land use classification, as designated
by the adopted Comprehensive Plan, as part of a Conditional Zoning
District application.
(B) Standards of Evaluation221
(1) Minimum lot size: 5 acres.
(2) All structures, equipment, and storage shall be located a minimum of 100 feet
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m.
218 These are existing standards moved from Section 5.17.10 of the UDO. Please note staff is recommending
modifications to ensure consistency with other proposed changes.
219 Staff is recommending changes denoted in Blue Bold Underlined Text to ensure consistency with other
recommending changes in the references to a specific land use category.
220 Existing regulations from Section 5.14.3 of the UDO.
221 A Sawmill is permitted within the AS and ASE‐CZ districts subject to the aforementioned standards. To ensure
clarity on applicable development standards, staff is recommending modification of existing language signifying
the standards are applicable in all districts.
137
Article 5: Uses
Section 5.16: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-161
(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.
Section 5.15:SECTION 5.16: STANDARDS FOR
AUTOMOTIVE/TRANSPORTATION RELATED USES
5.16.1 Airports, General Aviation, Heliports, STOL 222
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(B) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
(1) Submittal Requirements
In addition to the information required in section 2.7, the following shall be
submitted as part of the application:
(a) A configuration diagram depicting the layout of runways, taxiways,
approach zones and overrun areas. These diagrams should also be on
aerial photographs that show the area within five miles of the proposed
site.
(b) Isotonic contours showing the effects of aircraft operations upon land
within one mile of the boundary of the proposed site.
(c) The number and type of aircraft proposed to be stored including also the
storage areas for aircraft, fuel and motor vehicles, service areas for
aircraft.
(d) How on site fire and rescue services shall be provided and a letter from
the appropriate agency stating services are available and adequate to
protect the proposed facility.
(e) List land uses within the final approach zones of the airport.
(f) Certification that all Federal Aviation Administration (FAA) and State
standards and requirements have been met.
(2) Standards of Evaluation
(a) All F.A.A. and State regulations are met as a condition of approval.
(b) The site and its operation will not adversely affect existing adjacent land
uses.
(c) Land sufficient to provide approach zones and overrun areas is owned or
controlled by the applicant.
(d) Adequate land area is provided for all of the proposed uses, buildings
and storage areas.
(e) Screening of buildings, storage and maintenance areas is provided from
adjacent residential land.
(f) Letters from appropriate fire and rescue agencies that protective services
can be provided at an adequate level.
(g) Access shall be directly onto a State maintained road.
222 Existing standards moved from Section 5.17.5 of the UDO and renumbered accordingly.
138
Article 5: Uses
Section 5.16: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-162
(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.
5.15.15.16.6 Motor Vehicle Sales / Rental (New & Used)
(A) Use Standards223
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(2) Within the NC-2, EC-5, and E-I Zoning Districts the display of vehicles outdoors
shall be limited to 32 vehicles per acre of property.
(3) Within the GC-4, I-1, I-2, I-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)(B) Submittal Requirements
(1) In addition to the information required by Section 2.5, the site plan shall show the
area for the display of vehicles for sale or rental.
(B)(C) General Standards of Evaluation
(1) Property shall have frontage and direct access onto a State maintained roadway.
(2) Areas of the property designated for the display of vehicles for sale or rent shall
be improved with an all-weather surface (i.e. concrete, asphalt, gravel) and shall
not be used for any other purpose.
223 There are existing regulations governing the number of vehicles that can be displayed in the various zoning
districts land use is permitted. To ensure consistency and uniformity with proposed revisions to Article 5, staff is
moving this existing language to the new ‘Use Standards’ section.
139
Article 5: Uses
Section 5.17: Standards for Medical Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-163
(3) Additional vehicles, other than those offered for sale, rent or staff/customer
designated parking as required under Section 6.9 of this Ordinance, can be
stored on-site and shall be screened from view from adjacent properties and
public rights-of-way. Such vehicles shall not be included in the display limit
calculation.
(C) Standards for the NC-2, EC-5, and E-I Zoning Districts224
(1) The display of vehicles outdoors shall be limited to 32 vehicles per acre of
property.
(D) Standards for GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-2
The display of vehicles outdoors shall be limited to 45 vehicles per acre of
property.
5.16.7 Motor Vehicle Service
(A) Use Standards
(1) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of
this Ordinance.
(B) Standards for the LC-1, NC-2, and EC-5 Zoning Districts
(1) Shall be limited to no more than 10,000 sq.ft. of building area.
Section 5.16:SECTION 5.17: STANDARDS FOR 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
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.225
5.16.15.17.3 Veterinary Clinic
(A) Standards for of evaluation for Class B Special Use Permit or ASE-CZ or MPD-CZ
Zoning District
(1) In the AR and ASE-CZ zoning districts, this use is intended primarily for large
animal facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
224 Subsections (C) and (D) have been relocated, as currently written, to Subsection (A) as detailed herein.
225 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.
140
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-164
5.16.2 Veterinary Clinic, mobile226
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR, R-1, and ASE-CZ zoning districts, this use is intended to be located
on the same property as the operator’s residence. The mobile clinic shall be
parked to the side or rear of the residence, not in front of the residence, unless
permitted otherwise in the permit.
(2) For all zoning districts in which this use is permitted, observation shelters for up
to three large or small animals shall be considered an accessory use. The permit
may specify a greater number of observation shelters and may limit the
maximum number of days an individual animal may be observed.
(3) If adjacent to residentially zoned property, all mobile clinic operations shall be
located a minimum of 100 feet from the property line.
(4) Veterinary services whereby the public brings their animal to the mobile clinic
location shall not be permitted, unless specifically permitted in the permit.
5.16.35.17.4 Veterinary Hospital
(A) Standards for of Evaluation for ASE-CZ Zoning District
(1) In the ASE-CZ zoning district, this use is intended primarily for large animal
facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
Section 5.17:SECTION 5.18: STANDARDS FOR MISCELLANEOUS ASSEMBLY
USES
5.17.15.18.1 ChurchesAssembly Uses
(A) General StandardsUse Standards
(1) Assembly uses with an occupancy of 300 or more persons shall not be permitted
within the Rural Buffer land use classification, as designated by the adopted
Comprehensive Plan, as part of a Conditional Zoning District application.227
(B) Standards for all Residential Zoning Districts
(1) Unless otherwise denoted within this section, Assembly l assembly land uses
shall observe the following minimum setbacks in all residential zoning districts:
Churches are required to provide setbacks in residential districts; the minimum shall be
as follows:
TABLE 5.184.1.A: CHURCH ASSEMBLY SETBACK STANDARDS IN RESIDENTIAL DISTRICTS
SETBACK DISTANCE (FEET)
Front 45
Side 50
Rear 50
226 This land use is being recommended for elimination. If someone wants to develop a mobile vet clinic operation,
such a use is best handled through the Home Occupation Permitting process as detailed within Section 5.5.3 of this
Ordinance.
227 There are existing prohibitions within Section 5.2.3 Table of Permitted Uses – Conditional Zoning Districts
limiting certain land uses from being developed on property located within the Rural Buffer land use category.
Staff is including such prohibitions in Article 5.
141
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-165
(C) Standards for LC-1, NC-2, and EC-5 Zoning Districts.
(1) Assembly Uses shall not exceed 100 persons at any given time.
(2) All activities shall be conducted in doors.
5.17.25.18.2 Community Center
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the exact type of facility planned, the size of the building,
the number of participants; a signed statement from the owners or
operators that the facility will be operated by a non-profit organization.
(b) A site plan showing the location of the existing and proposed buildings,
access points, parking, service areas, and outdoor recreation areas.
(c) Building plans for all existing or proposed structures.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape
materials.
(2) Standards of Evaluation
(a) Lot size shall be adequate for the method of sewage disposal, and for
the other improvements proposed or required.
(b) The site plan shall show the boundaries of the site, the distances to the
nearest residential structures, access points, parking areas, service area,
location of proposed existing buildings.
(c) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition, to proposed or existing trees, shrubs, and ground
cover.
(d) Elevations of buildings should show that the buildings preserve the
residential character of the area.
5.17.3 Commercial Cemeteries 228
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) Evidence that the requirements of the North Carolina General Statutes
Chapter 65 can be achieved and that the standards of the N.C,
Cemetery Commission shall be met.
(2) Standards of Evaluation
(a) A minimum lot size of two acres is provided.
(b) The site shall have direct access to a collector or arterial street
228 Relocated to the Service land use category.
142
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-166
(c) There shall be adequate space within the site for the parking and
maneuvering of funeral cartilages
(d) No interments shall take place within 30 feet of any lot line.
5.17.4 General Aviation Airports, STOL and Heliports 229
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in section 2.7, the following shall be
submitted as part of the application:
(a) A configuration diagram depicting the layout of runways, taxiways,
approach zones and overrun areas. These diagrams should also be on
aerial photographs that show the area within five miles of the proposed
site.
(b) Isotonic contours showing the effects of aircraft operations upon land
within one mile of the boundary of the proposed site.
(c) The number and type of aircraft proposed to be stored including also the
storage areas for aircraft, fuel and motor vehicles, service areas for
aircraft.
(d) How on site fire and rescue services shall be provided and a letter from
the appropriate agency stating services are available and adequate to
protect the proposed facility.
(e) List land uses within the final approach zones of the airport.
(f) Certification that all Federal Aviation Administration (FAA) and State
standards and requirements have been met.
(2) Standards of Evaluation
(a) All F.A.A. and State regulations are met as a condition of approval.
(b) The site and its operation will not adversely affect existing adjacent land
uses.
(c) Land sufficient to provide approach zones and overrun areas is owned or
controlled by the applicant.
(d) Adequate land area is provided for all of the proposed uses, buildings
and storage areas.
(e) Screening of buildings, storage and maintenance areas is provided from
adjacent residential land.
(f) Letters from appropriate fire and rescue agencies that protective services
can be provided at an adequate level.
(g) Access shall be directly onto a State maintained road.
(h) Compatible land uses are located in the final approach areas of the
airport.
5.17.5 Major Subdivision
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
229 Relocated to the Automotive and Transportation land use category.
143
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-167
In addition to the information required in Section 2.7, the following shall be
submitted as part of the application:
(a) Notification
Stamped envelopes addressed to each owner of property within 500 feet
of the property proposed for subdivision. The names and addresses of
property owners shall be based on the current listing as shown in the
Orange County Land Records system.
(b) Development Schedule
A statement, from the applicant, indicating the anticipated development
schedule for the build out of the project.
(c) Water and Wastewater
(i) If the proposed lots are to be served by a public water system,
proof of water supply and service availability in the form of a
certified copy of a resolution to that effect enacted by the
governing body of the water system providing the water to serve
the lots in the subdivision.
(ii) If the proposed lots are to be served by a public sewer system
proof of public sewer service availability in the form of a certified
copy of a resolution to that effect enacted by the governing body
of the sewer system providing the sewer service to the lots in the
subdivision.
(iii) If the proposed lots are to be served by a community water
and/or sewer system, proof that the system(s) will be operated
either directly by or through contract with the water and/or sewer
provider whose service area or interest area it is, as defined in
the Water and Sewer Management Planning and Boundary
Agreement and Map adopted December 3, 2001, and as may be
amended from time to time.
(iv) If the proposed lots are to be served by individual wells or
community wells, a professionally prepared groundwater yield
analysis relating the proposed wells to the U.S. Geological
Survey Water Resources Investigations Report 00-4286 and any
later USGS Water Resource Investigation Report data available.
(v) If the proposed lots are to be served by individual septic systems
the Environmental Health Division shall submit a report indicating
approval for each building lot and for the open space if a
homeowners’ association amenity is proposed to be constructed
within the open space.
(d) Open Space Connectivity
A map that demonstrates that the open space composition, accessibility,
shape and size requirements as set forth in Section 7.13 of this
Ordinance are to be met.
(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
144
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-168
(i) If the subdivision is located in a Transition Area designated as
such on the Land Use Element of the Comprehensive Plan, a
plan for sidewalks or pedestrian/bike lanes as part of the public
roads using, where appropriate, alternative North Carolina
Department of Transportation design guidelines that include
pedestrian/bike lanes as part of the public road system.
(ii) For proposals not located in a transition area an off-road,
pedestrian plan shall be submitted.
(g) Landscape Plan Details
A landscape and tree preservation plan that shows the following:
(i) The proposed locations, and types of, plantings,
(ii) The existing natural landscape with existing topography,
(iii) The width of roadside and perimeter buffers to be left
undisturbed,
(iv) The open space (proposed undisturbed and proposed improved)
as well as type of ownership.
(2) Additional Submittal Requirements - For all applications of over 40 lots
(a) Solid Waste
The location within the subdivision of a solid waste convenience
center(s) intended to serve the subdivision and, where appropriate, the
area in which the subdivision is located.
(b) Biological Inventory
(i) A biological inventory which identifies the following:
a. Habitat diversity,
b. Species diversity,
c. Species of special concern such as those designated as
threatened or endangered,
d. Last known sighting,
e. Candidate species likely to be present which may
warrant protection,
f. Specimen trees outstanding in size and/or species, and
g. The status and source of the information compiled in the
inventory.
(ii) The biological inventory shall be accompanied by an analysis
describing the following:
a. Habitat integrity,
b. Relationships between habitats and to ecological
communities offsite,
c. Any existing threats to flora and fauna and
d. Potential for habitat enhancement.
(c) Environmental Mitigation
A mitigation plan is required when any wetland or other environmentally
sensitive area identified in the biological inventory will be altered as a
result of development of the subdivision or construction of homes or
other buildings and structures associated with the subdivision. The
mitigation plan shall include the following:
(i) An assessment of the ecological value of resources that will be
lost and a statement of how that value will be replaced through
mitigation;
145
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-169
(ii) A specific statement of the goals and objectives, i.e., exactly
what steps will be taken to compensate for lost habitat, etc.;
(iii) Detailed descriptions in the form of grading plans, construction
plans, and planting plans to illustrate how the objectives will be
carried out;
(iv) A monitoring and maintenance plan to measure success of the
mitigation based on stated objectives. Include a list of parties
responsible for monitoring and maintenance, a schedule for
each, and how results will be reported to the Planning and
Inspections Department;
(v) A plan showing how the site will be protected from impacts by
human and unwanted animal intrusion, alternate plant species
and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area
is established; and
(vi) A financial guarantee is required for the total cost of the
mitigation project. Once the installation is complete, 30% of the
amount of the letter of credit or escrow will be held for 12 months
or until the site is established, whichever is greater.
(d) Traffic Study
(i) A traffic impact study is required with all applications for the
following:
a. Subdivisions with more than 40 lots outside of transition
areas, and
b. Subdivisions with more than 80 lots within transition
areas.
(ii) The study shall include an analysis of the need for public road
improvements, including pedestrian-oriented enhancements, for
on-site and off-site improvements as said improvements relate to
the level of service impacted by the development.
(iii) The traffic impact study shall be prepared in accordance with the
requirements of Section 6.17.
(3) Standards of Evaluation
(a) The project meets all applicable design standards and other
requirements of this Ordinance.
(b) The project meets all service provision criteria as set forth below:
(i) Fire – identifies the primary and secondary responders and the
source(s) of water.
(ii) Police – identifies the primary and secondary responders.
(iii) Rescue services – identifies the primary and secondary
responders.
(iv) Water Supply – source and capacity of water supply.
(v) Wastewater Treatment Methods – provider and capacity of
wastewater treatment source.
(c) Habitats shall be identified and evaluated in the biological inventory
required by Section 5.17.6(A)(2)(b)and are subject to the following:
146
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-170
(i) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as shown on
the biological inventory. Buffer width shall be determined by site
evaluation in consultation with the applicant’s biologist and
County staff;
(ii) Habitat enhancements as described in the biological inventory
shall be made for a broad range of species to help mitigate the
loss of wildlife habitat during construction. Examples include:
a. Preserving, planting, and maintaining a variety of native
vegetation (also dead trees and snags);
b. Installing structures conducive for nesting such as bird
houses or bat boxes designed and located for various
species; or
c. Creating wetlands;
(iii) Conservation easements or other acceptable means such as
dedication to a public agency, or conservancy or a homeowner’s
association are required to protect wetlands and other habitats
while insuring proper long-term maintenance; and
(iv) Provide barriers or fencing, and signage at the edge of habitat
buffers to prohibit vehicular and pedestrian access. Limited
access may be allowed if proposed in a sensitive manner for
environmental education purposes.
(d) Landscaping and Buffers
(i) Existing vegetation shall be preserved as indicated on the
approved landscape plan in accordance with the provisions of
Section 6.8 of the this Ordinance;
(ii) Tree protection measures shall be installed and maintained
between all areas of disturbance and trees to be retained as
shown on the approved landscape plan. A detail of the tree
protection barrier proposed shall be included as part of the
landscape plan submitted with the application;
(iii) Corridors connecting habitats identified in the biological inventory
shall be preserved along streams, buffers, or other wooded
areas. If destroyed during construction, such connections shall
be restored using appropriate plant materials;
(iv) Trees and stumps cleared for roads and building construction
shall either be used for timber purposes or shredded for
landscape mulch, composted, buried or otherwise disposed of
BUT NOT BURNED.
(v) Berms, fences and landscaping walls may be used with plant
materials for screening, provided such features are designed and
located in harmony with other site features and functions;
(vi) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
freestanding entrance signs;
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A stormwater management plan shall be prepared and reviewed
in accordance with the provisions of Section 6.14 of this
Ordinance.
147
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-171
(ii) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(iii) Subdivisions that include structural stormwater measures shall
comply with Section 6.14 of this Ordinance.
(f) Grading and Erosion Control
(i) Plans for grading and erosion control comply with standards
contained in the Orange County Erosion and Sediment Control
Manual and this Ordinance;
(ii) Construction is phased to the extent practical to minimize
disturbance and sedimentation;
(iii) Sediment control measures will be properly installed to filter
sediment from runoff during construction and maintained until
grading is complete and a permanent vegetative cover has been
established and all slopes stabilized; and
(iv) Permanent landscaping, groundcover, mulch, etc. will be
installed as soon as practical after construction activities for each
phase are completed.
(g) Solid Waste Management Plan
A solid waste management plan, submitted as part of the Resources
Management Plan, shall include the method(s) of disposal and recycling
of construction debris.
(h) Irrigation
(i) Irrigation systems for the subdivision and the lots in the
subdivision are designed and can be operated according to a
water conservation plan described in the Resources
Management Plan submitted with the application;
(ii) The Resources Management Plan shall identify the source(s) of
water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency; and
(iii) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
(i) Habitat Maintenance
(i) Habitats identified in the biological inventory and habitats created
through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
(ii) Maintenance of habitats shall be minimal, consisting primarily of
maintaining buffers and enhancements, removal of exotic (non-
native) plant species, and keeping drainage ways functioning
properly.
(j) Access
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
148
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-172
(i) All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance.
(ii) Maintenance specifications, if any, for on-going site management
(including provisions for handling of storm debris in open space
areas) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners’ Association
documents.
5.17.65.18.3 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 Ordinance.
(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.
(2)(3) The maximum building size in an AR or RB zoning district shall be 5,000 square
feet.
5.18.4 Retreat Center230
(A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
(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, 231
(iii) Storage areas,
(iv) Fencing and gates,
(v) Outdoor recreation areas
(vi) Access road(s) to the site, as well as on site roads, with an
indication of type of proposed surface.
(vii) Distances to the nearest residential structure.
(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
230 3/5/2019 – Existing regulations moved from the ‘Recreation’ land use category (i.e. Section 5.7.5)
231 3/5/2019 – Language being deleted as ‘camp sites’ are not typically associated with a retreat center.
149
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-173
(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.232
(c) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A minimum 30 foot Type B buffer, as indicated
in Section 6.8 shall be observed around the perimeter of the property.
(d) If private recreational facilities are proposed, the improvements must
meet the site improvement requirements in Section 7.11 of this
Ordinance. The site plan for recreational facilities shall be reviewed by
the Orange County Recreation and Parks Director.
(e) Off street parking requirements shall be provided in accordance with
Section 6.9 of this Ordinance.
5.17.75.18.5 Rural Special Events
(A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts
(1) Must be located on a bona fide farm.
(2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of parking area(s).
(c) A map depicting surrounding uses and the distance to residential
structures.
(3) The temporary or seasonal commercial activities that comprise the special event
must pertain to agricultural or rural-related activities.
(4) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(5) Events permitted by right in the AR, RB, and AS zoning districts shall be limited
to no more than 150 people at one time and shall occur no more than 12 days
per year. Events exceeding these limits must be approved as an ASE-CZ or
MPD-CZ.
(6) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(8) Food services are not allowed unless approved in the permit.
(9) Documentation shall be submitted from the Fire Marshal and Building Inspections
Department stating that all areas open to the public meet state regulations.
232 3/5/2019 This language is being moved to ‘submittal requirements’. It is not a ‘standards of evaluation’ but
required information for the site plan.
150
Article 5: Uses
Section 5.18: Standards for Miscellaneous ASSEMBLY Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-174
5.18.6 Theater233
(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.234
(2) Limited to 100 patrons per individual performance. 235
5.17.8 Research Facility 236
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research Facility and adhere to the standards of Section
5.17.9(A)(2):
(a) Banks & Financial Institutions
(b) Beauty & Barber Shops
(c) Laundry & Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.17.9(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Research Facility must be established on the
site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
5.17.9 Research and Manufacturing Facility 237
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research and Manufacturing Facility and adhere to the
standards of Section 5.17.10(A)(2):
233 3/5/2019 – moved from what was supposed to be Section 5.7.8 of the revision.
234 Inclusion of language addressing existing prohibitions and limitations within the districts.
235 Standards are designed to address existing size limits for the identified districts contained in the UDO,
specifically limits on the number of daily travel trips that the use can generate within the NC‐2 and CC‐3 Zoning
Districts.
236 Research operations without manufacturing components have been moved to the Office land use category. As
a reminder Research operations with a manufacturing component have been moved to the Manufacturing,
Assembly, Processing and Distribution land use category.
237 Ibid.
151
Article 5: Uses
Section 5.19: Standards for government uses
Orange County, North Carolina – Unified Development Ordinance Page 5-175
(a) Banks & Financial Institutions
(b) Beauty & Barber Shops
(c) Laundry & Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.17.10(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Research and Manufacturing Facility must be
established on the site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
Section 5.18:SECTION 5.19: STANDARDS FOR GOVERNMENT USES
5.19.1 Government Uses
(A) Use Standards
(1) Military Installations shall not be permitted as a Conditional Use District. Refer to
Section 5.1.3 of this Ordinance.
SECTION 5.20: STANDARDS FOR OFFICE AND FINANCIAL SERVICE USES
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 238
(a) Uses shall be limited to 15,000 sq.ft. of building area.
(b) No outdoor storage of equipment or materials shall be permitted.
(c) Drive-thru facilities are prohibited.
(2) Specific Standards for EDB-1 and EDE-1 Zoning Districts239
(a) Uses shall be limited to 30,000 sq.ft. of building area.
(b) No outdoor storage of equipment or materials shall be permitted.
5.20.2 Building/Trade Contractors Office with Equipment Storage Yard
(A) Use Standards240
238 Staff is replacing existing ‘standards’ contained in the UDO limiting the total number of daily traffic trips for
these districts and replacing same with an overall building size limit. Further we are including language, currently
referenced in definitions, limiting outdoor storage of materials.
239 Staff is including language establishing a distinction between low intensity economic development districts
(EDE‐1 and EDB‐2) with high intensity economic development districts.
152
Article 5: Uses
Section 5.20: Standards for OFFICE AND FINANCIAL SERVICE USES
Orange County, North Carolina – Unified Development Ordinance Page 5-176
(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.
5.18.15.20.3 Research Facility Without Manufacturing241
(A) Use Standards
(1) Use shall not be permitted as a Conditional Zoning District. Refer to Section
5.1.3 of this Ordinance.
(B) Standards for the NC-2 Zoning District
(1) Uses shall be limited to 12,000 sq.ft. of building area242
(C) Standards for the O/RM Zoning District 243
(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) Banks & Financial Institutions Services244
(b) Service land uses limited to Beauty & Barber Shops, Laundry and Dry
Cleaning Services
(c) Eating and Drinking Establishments limited to Nightclubs, Bars,
Pubs, Restaurants Carry Out and General.
(d) Retail, Class 1 limited to 12,000 sq.ft. of building area
(e) Manufacturing, Assembly, Processing, and Distribution Uses –
Other limited to Printing & Lithography
(2) Multiple Uses, identified in Section 5.15.2(C)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must 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.
240 Existing standards are not specific on setbacks and land use buffer. Staff is taking existing staff interpretations
and incorporating same as the regulation of this land use, which is now being broken out into a separate category
as part of this amendment process.
241 This is the existing Research Facility land use category. The words ‘Without Manufacturing’ have been added to
create a distinction between this category and the ‘Research Facility with Manufacturing’ land use category also
contained herein.
242 As indicated throughout this document there are size and intensity limitations for land uses within various
general use zoning districts. Staff is recommending a specific, measurable, standard to allow the reader to identify
what will and will not be permitted.
243 These are existing standards moved from Section 5.17.9 of the UDO. Please note staff is recommending
modifications to ensure consistency with other proposed changes.
244 Staff is recommending changes denoted in Blue Bold Underlined Text to ensure consistency with other
recommending changes in the references to a specific land use category.
153
Article 5: Uses
Section 5.21: STANDARDS FOR Retail Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-177
SECTION 5.21: STANDARDS FOR RETAIL USES
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.245
(b) No outdoor sales/displays shall be permitted.246
(2) Specific Standards for the CC-3 Zoning District
(a) Uses shall be limited to 24,000 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
following:247
(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 Store248
(A) General Standards for Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
spaces.
(3) All structures and outdoor storage areas shall be located a minimum of 100 feet
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
245 Existing regulations establish limitations on the development of retail uses in these districts to daily traffic trips.
This is not an effective manner of regulating the intensity of the land use. Staff has converted the existing
standard into a square footage limitation to make it easier for the reader to identify what is and is not allowed.
246 There are existing prohibitions on outdoor sales staff is incorporating into the new format.
247 Staff is clarifying and incorporating existing interpretations on the outdoor display/sale of merchandise.
248 Existing standards moved from Section 5.6.4 of the UDO. Staff is recommending keeping the category for now.
154
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-178
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
SECTION 5.22: STANDARDS FOR MISCELLANEOUS USES
5.22.1 Major Subdivision249
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
submitted as part of the application:
(a) Notification
Stamped envelopes addressed to each owner of property within 500 feet
of the property proposed for subdivision. The names and addresses of
property owners shall be based on the current listing as shown in the
Orange County Land Records system.
(b) Development Schedule
A statement, from the applicant, indicating the anticipated development
schedule for the build out of the project.
(c) Water and Wastewater
(i) If the proposed lots are to be served by a public water system,
proof of water supply and service availability in the form of a
certified copy of a resolution to that effect enacted by the
governing body of the water system providing the water to serve
the lots in the subdivision.
(ii) If the proposed lots are to be served by a public sewer system
proof of public sewer service availability in the form of a certified
copy of a resolution to that effect enacted by the governing body
of the sewer system providing the sewer service to the lots in the
subdivision.
249 Standards moved from 5.17.6 of this Ordinance to a new Miscellaneous Uses category. Staff is not proposing
any changes to existing regulations.
155
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-179
(iii) If the proposed lots are to be served by a community water
and/or sewer system, proof that the system(s) will be operated
either directly by or through contract with the water and/or sewer
provider whose service area or interest area it is, as defined in
the Water and Sewer Management Planning and Boundary
Agreement and Map adopted December 3, 2001, and as may be
amended from time to time.
(iv) If the proposed lots are to be served by individual wells or
community wells, a professionally prepared groundwater yield
analysis relating the proposed wells to the U.S. Geological
Survey Water Resources Investigations Report 00-4286 and any
later USGS Water Resource Investigation Report data available.
(v) If the proposed lots are to be served by individual septic systems
the Environmental Health Division shall submit a report indicating
approval for each building lot and for the open space if a
homeowners’ association amenity is proposed to be constructed
within the open space.
(d) Open Space Connectivity
A map that demonstrates that the open space composition, accessibility,
shape and size requirements as set forth in Section 7.13 of this
Ordinance are to be met.
(e) Natural & Human-Made Resources
A written and graphic site analysis illustrating soils, depth to water table,
slope, hydrology, vegetation, natural areas and habitats of special
concern, infrastructure and other constructed features, historic and
archaeological sites, and visual analysis of views into and from the site.
(f) Pedestrian / Bicycle Plan
(i) If the subdivision is located in a Transition Area designated as
such on the Land Use Element of the Comprehensive Plan, a
plan for sidewalks or pedestrian/bike lanes as part of the public
roads using, where appropriate, alternative North Carolina
Department of Transportation design guidelines that include
pedestrian/bike lanes as part of the public road system.
(ii) For proposals not located in a transition area an off-road,
pedestrian plan shall be submitted.
(g) Landscape Plan Details
A landscape and tree preservation plan that shows the following:
(i) The proposed locations, and types of, plantings,
(ii) The existing natural landscape with existing topography,
(iii) The width of roadside and perimeter buffers to be left
undisturbed,
(iv) The open space (proposed undisturbed and proposed improved)
as well as type of ownership.
(2) Additional Submittal Requirements - For all applications of over 40 lots
(a) Solid Waste
The location within the subdivision of a solid waste convenience
center(s) intended to serve the subdivision and, where appropriate, the
area in which the subdivision is located.
156
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-180
(b) Biological Inventory
(i) A biological inventory which identifies the following:
a. Habitat diversity,
b. Species diversity,
c. Species of special concern such as those designated as
threatened or endangered,
d. Last known sighting,
e. Candidate species likely to be present which may
warrant protection,
f. Specimen trees outstanding in size and/or species, and
g. The status and source of the information compiled in the
inventory.
(ii) The biological inventory shall be accompanied by an analysis
describing the following:
a. Habitat integrity,
b. Relationships between habitats and to ecological
communities offsite,
c. Any existing threats to flora and fauna and
d. Potential for habitat enhancement.
(c) Environmental Mitigation
A mitigation plan is required when any wetland or other environmentally
sensitive area identified in the biological inventory will be altered as a
result of development of the subdivision or construction of homes or
other buildings and structures associated with the subdivision. The
mitigation plan shall include the following:
(i) An assessment of the ecological value of resources that will be
lost and a statement of how that value will be replaced through
mitigation;
(ii) A specific statement of the goals and objectives, i.e., exactly
what steps will be taken to compensate for lost habitat, etc.;
(iii) Detailed descriptions in the form of grading plans, construction
plans, and planting plans to illustrate how the objectives will be
carried out;
(iv) A monitoring and maintenance plan to measure success of the
mitigation based on stated objectives. Include a list of parties
responsible for monitoring and maintenance, a schedule for
each, and how results will be reported to the Planning and
Inspections Department;
(v) A plan showing how the site will be protected from impacts by
human and unwanted animal intrusion, alternate plant species
and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area
is established; and
(vi) A financial guarantee is required for the total cost of the
mitigation project. Once the installation is complete, 30% of the
amount of the letter of credit or escrow will be held for 12 months
or until the site is established, whichever is greater.
(d) Traffic Study
(i) A traffic impact study is required with all applications for the
following:
157
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-181
a. Subdivisions with more than 40 lots outside of transition
areas, and
b. Subdivisions with more than 80 lots within transition
areas.
(ii) The study shall include an analysis of the need for public road
improvements, including pedestrian-oriented enhancements, for
on-site and off-site improvements as said improvements relate to
the level of service impacted by the development.
(iii) The traffic impact study shall be prepared in accordance with the
requirements of Section 6.17.
(3) Standards of Evaluation
(a) The project meets all applicable design standards and other
requirements of this Ordinance.
(b) The project meets all service provision criteria as set forth below:
(i) Fire – identifies the primary and secondary responders and the
source(s) of water.
(ii) Police – identifies the primary and secondary responders.
(iii) Rescue services – identifies the primary and secondary
responders.
(iv) Water Supply – source and capacity of water supply.
(v) Wastewater Treatment Methods – provider and capacity of
wastewater treatment source.
(c) Habitats shall be identified and evaluated in the biological inventory
required by Section 5.17.6(A)(2)(b)and are subject to the following:
(i) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as shown on
the biological inventory. Buffer width shall be determined by site
evaluation in consultation with the applicant’s biologist and
County staff;
(ii) Habitat enhancements as described in the biological inventory
shall be made for a broad range of species to help mitigate the
loss of wildlife habitat during construction. Examples include:
a. Preserving, planting, and maintaining a variety of native
vegetation (also dead trees and snags);
b. Installing structures conducive for nesting such as bird
houses or bat boxes designed and located for various
species; or
c. Creating wetlands;
(iii) Conservation easements or other acceptable means such as
dedication to a public agency, or conservancy or a homeowner’s
association are required to protect wetlands and other habitats
while insuring proper long-term maintenance; and
(iv) Provide barriers or fencing, and signage at the edge of habitat
buffers to prohibit vehicular and pedestrian access. Limited
access may be allowed if proposed in a sensitive manner for
environmental education purposes.
(d) Landscaping and Buffers
158
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-182
(i) Existing vegetation shall be preserved as indicated on the
approved landscape plan in accordance with the provisions of
Section 6.8 of the this Ordinance;
(ii) Tree protection measures shall be installed and maintained
between all areas of disturbance and trees to be retained as
shown on the approved landscape plan. A detail of the tree
protection barrier proposed shall be included as part of the
landscape plan submitted with the application;
(iii) Corridors connecting habitats identified in the biological inventory
shall be preserved along streams, buffers, or other wooded
areas. If destroyed during construction, such connections shall
be restored using appropriate plant materials;
(iv) Trees and stumps cleared for roads and building construction
shall either be used for timber purposes or shredded for
landscape mulch, composted, buried or otherwise disposed of
BUT NOT BURNED.
(v) Berms, fences and landscaping walls may be used with plant
materials for screening, provided such features are designed and
located in harmony with other site features and functions;
(vi) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
freestanding entrance signs;
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A stormwater management plan shall be prepared and reviewed
in accordance with the provisions of Section 6.14 of this
Ordinance.
(ii) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(iii) Subdivisions that include structural stormwater measures shall
comply with Section 6.14 of this Ordinance.
(f) Grading and Erosion Control
(i) Plans for grading and erosion control comply with standards
contained in the Orange County Erosion and Sediment Control
Manual and this Ordinance;
(ii) Construction is phased to the extent practical to minimize
disturbance and sedimentation;
(iii) Sediment control measures will be properly installed to filter
sediment from runoff during construction and maintained until
grading is complete and a permanent vegetative cover has been
established and all slopes stabilized; and
(iv) Permanent landscaping, groundcover, mulch, etc. will be
installed as soon as practical after construction activities for each
phase are completed.
(g) Solid Waste Management Plan
A solid waste management plan, submitted as part of the Resources
Management Plan, shall include the method(s) of disposal and recycling
of construction debris.
(h) Irrigation
159
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-183
(i) Irrigation systems for the subdivision and the lots in the
subdivision are designed and can be operated according to a
water conservation plan described in the Resources
Management Plan submitted with the application;
(ii) The Resources Management Plan shall identify the source(s) of
water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency; and
(iii) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
(i) Habitat Maintenance
(i) Habitats identified in the biological inventory and habitats created
through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
(ii) Maintenance of habitats shall be minimal, consisting primarily of
maintaining buffers and enhancements, removal of exotic (non-
native) plant species, and keeping drainage ways functioning
properly.
(j) Access
Access to the subdivision and access to lots within the subdivision to
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County.
(k) Maintenance of Improvements
(i) All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance.
(ii) Maintenance specifications, if any, for on-going site management
(including provisions for handling of storm debris in open space
areas) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners’ Association
documents.
5.18.25.22.2 Historic Sites Non Residential Reuse/Mixed Use 250
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
supplied as part of the application:
(a) The site plan, prepared by an appropriately licensed professional, shall
also contain the following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
250 This is an existing land use that is recommended for elimination.
160
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-184
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for nonresidential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed. Description of how the historical style and character of the
building and/or property is to be enhanced.
(d) Landscape and tree preservation plan, at the same scale as the site
plan, showing existing or proposed trees, shrubs, ground cover and other
landscape materials.
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) Evidence that the property is listed on the National Historic Register or
recognized by the State of North Carolina as places of historic interest.
(h) The proposed development schedule for the site.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in sections 2.7
and 5.17.4(A)(1).
(b) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development. The proposed use of the historic
structure shall be of such a nature so as to preserve the historic
character of the site and the building. Development of the site as
proposed would have no adverse impact beyond the building except for
appropriate parking facilities.
(c) Structural alterations of historic structures shall be of such a nature as to
preserve the historic character of the building(s) and site.
(d) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(e) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(f) The site is served by direct access to a State maintained road.
(g) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
(3) Expiration and Renewals
161
Article 5: Uses
Section 5.22: Standards for miscellaneous uses
Orange County, North Carolina – Unified Development Ordinance Page 5-185
(a) This Class A Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of Commissioners
after receiving a report from the Planning Department that the use is, and
has been continuously since it was issued, in compliance with provisions
of the Special Use Permit. The Orange County Planning Department
shall present its report on the compliance of the special use no later than
90 days before the expiration of the Special Use Permit.
(b) The Board of County Commissioners shall not renew the Special Use
Permit if it is determined that the applicant has failed to comply with the
conditions of approval. If the Board of County Commissioners does not
renew the permit, the permit shall become null and void upon the
expiration of the time limit.
(c) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
162
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-53
SECTION 6.9: PARKING, LOADING & CIRCULATION
6.9.1 Purpose & Intent
The purpose of this Section is to promote the public health, safety and welfare, as well as to
improve the quality of the built environment for Orange County by establishing suitable standards
for motorized vehicle parking and loading areas that are appropriate for the varying urban and
rural forms.
6.9.2 Applicability
No Building Permit, Zoning Compliance Permit or Certificate of Occupancy shall be issued for
uses of land, structures, and buildings, either initially or for a change in use or expansion of an
existing use, unless the off-street parking and loading requirements of this Section are met.
6.9.3 Prohibited Within Special Flood Hazard Areas
Off-street parking and loading facilities are prohibited within Special Flood Hazard Areas.
6.9.4 Use of Required Parking and Loading Spaces
(A) Required parking and loading spaces shall not be used for the storage or sale of
merchandise, vehicle storage, vehicles for sale, or vehicle repair. Non-required spaces
proposed for these uses shall be designated on an approved site plan.
(B) Any area designated for required off-street parking and loading shall not be changed to
another use until other parking and loading facilities in conformance with this section are
established elsewhere to serve the site.
6.9.5 Expansion and Increased Intensity of Existing Use
(A) Whenever there is an increase in the number of dwelling units, the number of employees,
the seating capacity, the floor area, or other applicable unit of measurement for
determining the number of parking and loading spaces required on site, and the increase
will result in the need for additional parking spaces, such additional spaces shall be
provided in accordance with the following and Section 6.9.7 of this Ordinance:
(1) If an existing use, building, or structure is increased by 50% or less, additional
parking and/or loading spaces shall be provided for the addition, in accordance
with the requirements of this Section.
(2) If a use, building, or structure having inadequate parking and/or loading spaces is
increased by greater than 50%, additional parking and/or loading spaces shall be
provided to bring the entire development site into compliance with the
requirements of this Section.
(B) For purposes of this Sub-Section, the expansion or increased intensity shall be
determined based on the current building size and use, and may not be calculated
independently for each separate expansion or intensification.
6.9.6 Change of Use
Additional off-street parking spaces will be required to accommodate a change of use of a
structure or parcel of land only when the new use requires 25% or more parking spaces than the
previous use or 25 or more additional spaces.
6.9.7 Off-Street Parking Requirements
Each use shall provide off-street parking in accordance with the following standards:
163
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-54
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
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
Service One space per 400 square feet of gross floor area
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
Stockyards / Livestock Markets
One space per employee plus one space per 4 spectator seats OR
one space per employee plus one space per 50 square feet of event
area, whichever is greater
CHILD CARE AND EDUCATIONAL FACILITIES
Child Care Facilities One space per staff member and one space per five childrenclients
Daycare Center in a Residence One space per staff member and one space per five childrenclients
Schools: Elementary, Middle & Secondary
Preparatory
One space per staff member
One space per staff member and
One space per four students
Schools: VocationalTechnical, Trade, Skill
Training One space per two students
Schools: Dance, Art & MusicPerforming
Arts, Sports, and Recreation One space per four students
Schools: Universities, Colleges and
Institutes One space per three students at design capacity of building(s)
Libraryies One space per four seats251
COMMERCIAL SERVICE USES
Adult Uses One space per 200 square feet of gross floor area
Banks & Financial Institutions One space per 200 square feet of gross floor area; plus five stacking
spaces per drive-in window
Beauty & Barber Shops One space per 200 square feet
Country Store One space per 300 square feet of gross floor area
Drive-In Theaters no requirement
251 The existing parking standard for a Library does not make a lot of sense. Staff will be recommending a
modification in a future amendment package.
164
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-55
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Eating and Drinking Establishments252
Restaurant: One space per four seats or one space for every 50 feet
of floor area for public use, whichever is greater
Restaurant (Carry Out/Drive-in): 15 spaces plus one space per 50
square feet of gross floor area
Nightclub/Bar: One space per 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
Hotels, Motels, Motor LodgesShort Term
Rental – All Categories
One space per lodging unit, plus one space per employee
Two spaces for the residents of owner occupied Short Term
Rentals253
Junkyards/Salvage Yard One space per employee on shift of maximum employment
Kennels/Riding Stables One space per four pens or stalls
Laundry & Dry Cleaning Services254 One space per 300 square feet of gross floor area
Metal Fabrication Shop255 One space per employee
Microbrewery with Minor Events256 One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Microbrewery with Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Night Clubs, Bars, Pubs One space per four seats
Offices and Personal Services, Class 1257 One space per 300 square feet of gross floor area
Offices and Personal Services, Class 2 One space per 300 square feet of gross floor area
Offices and Personal Services, Class 3 One space per 300 square feet of gross floor area
Repair Services: Electronic & Appliance One space per 300 square feet of gross floor area
Restaurants: Carry Out 15 spaces plus one space per 50 square feet of gross floor area
Restaurants: Drive-In 15 spaces, plus one space per 50 square feet of gross floor area
Restaurants: General One space per four seats or one space for every 50 feet of floor area
for public use, whichever is greater
Retail trade, Class 1 258 One space per 300 square feet of gross floor area
Retail trade, Class 2 One space per 300 square feet of gross floor area
Retail trade, Class 3 One space per 200 square feet of gross floor area
Rural Guest Establishments: Bed &
259Breakfast
One space per guest room, plus one space per employee, plus two
spaces for the residence
Rural Guest Establishments: Bed &
Breakfast Inn
One space per guest room, plus one space per employee, plus two
spaces for the residence
Rural Guest Establishments: Country Inn
One space per guest room, plus one space per employee, plus one
space for every four seats in the restaurant, plus two spaces for the
residence (if applicable)
Petroleum Products: Storage and
Distribution260 One space per employee
252 Restaurant and Nightclub uses have been combined into a single land use category. Staff is recommending
collapsing all parking standards into a central location as well.
253 Space requirement is consistent with existing standards for Bed and Breakfast requiring a minimum of 2 spaces
for residents.
254 Now under the Service Uses section.
255 Moved to Manufacturing, Assembly, Processing and Distribution Uses – Other land use category.
256 Ibid.
257 Now included within the Offices and Financial Services Uses land use category.
258 Moved to a new Retail parking category as detailed herein.
259 Now referred to as Short Term Rental as detailed herein.
165
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-56
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Service Uses261 One space per 300 square feet of gross floor area
Storage & Warehouse: Inside Buildingof
Goods
One space per employee plus 1 space for every 10 individual
storage areas
Storage of Goods: Outdoor One space per employee
Taxidermy One space per 400 square feet of gross floor area
Tourist Home One space per lodging unit
Wholesale Sales One space per employee on shift of maximum employment
Winery with Minor 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 Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
EXTRACTIVE USES
Extraction of Earth Products no requirement
GOVERNMENTAL USE
Governmental Protective ServicesOffices One space per employee on the shift of maximum employment
One
Police and Fire Stations no requirement
Detention Centers262 One space per employee on the shift of maximum employment
One space per 5 inmates held within the facility
Military Installations
(National Guard & Reserve Armory) no requirement
MANUFACTURING, ASSEMBLY & PROCESSING, AND DISTRIBUTION USES
Industrial, Light One space per employee on the shift of maximum employment
Industrial, Medium One space per employee on the shift of maximum employment
Industrial, Heavy One space per employee on the shift of maximum employment
Manufacturing, Assembly, Processing, and
Distribution Uses – Food and Other 263 Once space per employee on the shift of maximum employment
Metal Fabrication Shop One space per employee
Microbrewery, production only One space per employee
Printing and Lithography One space per employee
Sawmills One space per employee
Winery, production only One space per employee
Microbrewery with Minor and Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Winery with Minor and Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Research Facility (with and without
manufacturing) One space per employee
260 Existing parking standard moved from Automotive and Transportation to ensure consistency with
recommended changes in the table of permitted uses.
261 This is now the generic parking requirement for all Service type uses.
262 New parking standard for a newly defined land use included as part of this amendment package.
263 The parking requirement was essentially the same for activities allowed within each land use category. Staff is
recommending we treat all Manufacturing uses (food and other) the same unless as specified herein.
166
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-57
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
MEDICAL USES
Health Services;Medical Uses Under 10,000
Square Feet in area264 One space per 300 square feet of gross floor area
Health Services;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
gross floor area
Veterinary Clinic, mobile One space per employee
Veterinary Hospitals One space per 200 square feet of gross floor area
Office and Financial Service Uses
Offices and Financial Services, without a
drive-thru facility265 One space per 200 square feet of gross floor area
Offices and Financial Services, with a drive-
thru facility
One space per 200 square feet of gross floor area; plus five stacking
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
Guest Ranch
One space per guest room, plus one space per employee.
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
site plus one space for each additional acre thereafter Dedicated Recreational Land
Swimming Pool One space for every five patrons, based on maximum design
capacity
Soccer Fields, Ball Fields Eight spaces per acre
Tennis, Handball, Racquet Ball Courts Two spaces per court
Basketball Courts Five spaces per court
264 Staff is recommending changing existing wording to be consistent with recommended changes in the table of
permitted uses. Parking requirements will remain the same.
265 Staff is recommending breaking out parking to ensure properly capture facilities with a drive‐thru.
167
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-58
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Picnic Shelter Area One space for every ten patrons, based on maximum design
capacity
Swimming Pool One space per 140 square feet
Tennis, squash, Handball or Racquet Ball
Court Two spaces for every court
RESIDENTIAL USES
Dwelling, Multi-family:
One space per dwelling unit
One and one-half space per dwelling unit
Two spaces per dwelling unit
Efficiency
One bedroom
Two bedroom
Dwelling, Single Family One space per dwelling unit
Dwelling, Two Family One space per dwelling unit
Family Care Facilities One space per three residents;
One space per 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 Lodges (Dormitory, Fraternity,
and Sororityes and fraternities)266 One space per lodging resident member
Mobile Homes One space per unit
Rehabilitative Care FacilityHealth and
Personal Care Facility
One space per two beds;
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
TEMPORARY USES
Buildings; Portable See appropriate uses
AUTOMOTIVE AND TRANSPORTATION USES
Airport, General Aviation, Heliports, STOL
One space per 4 air vehicles
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
Shop) One space per each service bay and mechanic
Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area
Motor Vehicles Service Stations One space per each service bay and mechanic
Parking as Principle Use Surface or
Structure no requirement
266 Modifications to ensure consistency with wording in the table of permitted uses.
168
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-59
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Petroleum Products: Storage and
Distribution267 One space per employee
Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one
space per 800 square feet of gross floor area
UTILITIES
Public Utility Stations & Substations,
Pumping Stations, Switching Stations,
Telephone Exchanges
no requirement
Radio & Television Transmitting & Receiving
Towers, Water Treatment & Sanitary
Sewage Treatment Plants, Elevated Water
Storage Tanks
no requirement
Transmission Lines no requirement
WASTE MANAGEMENT
Landfills (2 acres or more) no requirement
Waste Management Facility, Hazardous and
Toxic One space per employee on shift of maximum employment
Wholesale Trade
Wholesale Trade One space per employee on maximum shift plus 12 spaces
MISCELLANEOUSASSEMBLY USES
Airport General Aviation One space per four air vehicles
Assembly Facility Greater than 300 One space per two four seats268
Assembly Facility Less than 300 One space per two seats
Cemetery no requirement
Church One space per four seats
Clubs or Lodges, Social One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria One space per employee
Research Facility269 One space per employee
Research Lands & Installations , Non-Profit no requirement
Rural 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
267 Moved to the Services land use category parking standard.
268 This is the catch all category for assembly uses, which will include Place of Worship (i.e. church). Staff is
recommending changing the number to be more consistent with how other jurisdictions assess required parking
for such land uses.
269 Moved to Manufacturing, Assembly, Processing and Distribution Uses category.
169
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
170
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-3
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
171
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-4
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. 270
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
Auditorium 271
A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums,
coliseums, athletic centers, theaters and arenas.
Bed and Breakfast Inn272
See “Rural Guest Establishments.”
Base flood
The flood having a 1% chance of being equaled or exceeded in any given year. It is often referred to as
the 100-year flood.
Base flood elevation (BFE)
A determination of the water surface elevations of the base flood as published in the Flood Insurance
Study. When the BFE has not been provided in a “Special Flood Hazard Area” it may be obtained from
engineering studies available from a Federal, State, or other source using FEMA approved engineering
methodologies. This elevation, when combined with the “Freeboard” establishes the “Regulatory Flood
Protection” elevation.
Basement
Any area of the building having its floor sub grade (below ground level) on all sides.
Best Management Practices (BMPs)
A structural or non-structural management-based practice used singularly or in combination to reduce
non-point source pollution to receiving waters in order to achieve water quality protection goals. (See
also, Detention Pond and Engineered Stormwater Controls) (Unless otherwise specified, “BMP”, when
used in this Ordinance, refers to structural BMPs.)
Biosolids
Solid, semi-solid, or liquid residue (sewage sludge) generated during primary, secondary or advanced
wastewater treatment processes of domestic sewage that is treated to state and/or federal standards for
beneficial use (such as land application as fertilizer).
270 Blue Underlined text being deleted. Retreat Centers are being moved to the ‘Assembly’ land use category to
address proper delineation of what ‘assemblies of persons’ are allowed within the County and how same are
permitted.
271 Now part of the definition of ‘Assembly Use’ as detailed herein.
272 Now part of the definition of ‘Short Term Rental’ as detailed herein.
172
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-5
Buffer
A screening device used to moderate the adverse impacts of one land use upon another. Buffers may
include walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the above.
Buffer, Stormwater
A natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff
does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.
Building Definitions
(See Structure, Structural Alterations, Mobile Home, Recreational Vehicle.)
Building Height
The vertical distance measured from the mean elevation of the proposed or completed finished grade at
the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Building Measurement Definitions
(See Building Height, Story, Residential Floor Area, Length of Wall.)
Built-Upon Area
That portion of a development project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts)
etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
Building Wall
Any vertical surface of a building or structure (other than a pitched roof) that is integral to and could
reasonably be constructed as part of the architecture of the building when a sign(s) are not being
contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees,
the vertical portion of gable roofs, parapets, mechanical penthouses, etc.
Camp
A recreation use which may include locations for tents, cabins, or other recreational sleeping structures,
but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not-for-
profit corporation.
Canal
See “Ditch.”
Canopy, Service Station
A structure made of metal, aluminum, or other material intended to be free standing or affixed to a
building that serves as an overhang intended to shield persons from the elements while using the service
station.
Center in a Residence for 3 to 12 Children
Use type located within Aa residence in whichoffering temporarychild care to clients, including children,
adolescents, and adults, for no more than eight hours in a 24 hour period is provided, which is located on
a public state maintained road, and which provides child care for more than three but, no more than 12
children.
Cessation of Use
For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the
use of a structure or parcel of property. A use shall not be considered ceased if the use is being
marketed for sale or other forms of conveyance and documentation of such activities is provided.
Channel
173
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-6
A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of
concentrated flowing water or a ditch or canal excavated for the flow of water.
Channel, Effluent
A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a
receiving stream or other body of water.
Chemical storage facility
A building, portion of a building, or exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
Child Care
A program or arrangement where three or more children less than 13 years old, who do not reside where
the care is provided, receive care on a regular basis of at least once per week for more than four hours
per day from persons other than their guardians or full-time custodians, or from persons not related to
them by birth, marriage, or adoption. Child care does not include the following:
a) Arrangements operated in the home of any child receiving care if all the children in care are
related to each other or no more than two additional children are in care;
b) Recreational programs operated for less than four consecutive months in a year;
c) Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding,
gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups, or boys
and girls clubs;
d) Drop-in or short-term care provided while parents participate in activities that are not employment
related and where the parents are on the premises or otherwise easily accessible, such as drop-
in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or
churches;
e) Public schools;
f) Non-public schools described in Part 2 of Article 39 of Chapter 115C of the North Carolina
Statutes that are accredited by the Southern Association of Colleges and Schools and that
operate a child care facility as defined under Child Care Facility for less than six and one-half
hours per day either on or off the school site;
g) Bible schools conducted during vacation periods;
h) Care provided by facilities licensed under Chapter 110, Article 7 of the North Carolina General
Statutes;
i) Cooperative arrangements among parents to provide care for their children as a convenience
rather than for employment; and
j) Any child care program or arrangement consisting of two or more separate components, each of
which operates for four hours or less per day with different children attending each component.
Child Care Facility
Use type offering temporary care to clients, including children, adolescents, and adults, for no more than
eight hours in a 24 hour period. Care can be offered regardless of the time of day and whether or not
operated for profit. Term Iincludes child care centers, and any other child care arrangement not excluded
by General Statute 110-86(2), that provides child care.
a) A child care center is an arrangement where, at any one time, there are three or more pre-school
children or nine or more school-aged children receiving child care.
b) A family child care home is a child care arrangement located in a residence where, at any one
time, more than two children, but fewer than nine children, receive child care.
Church273
A structure in which persons regularly assemble for religious worship, which is maintained and controlled
by a religious body organized to sustain public worship.
Chemical Manufacturing and Processing – Pharmaceutical and Medicine274
273 Now defined as a ‘Place of Worship’.
274 Definition of a new land use we are recommending for inclusion in several Economic Development districts.
174
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-7
A land use involved with the transformation of organic and inorganic raw materials by various processes
for the formulation of pharmaceutical and medical products for eventual distribution and sale off-site.
Chemical Manufacturing and Processing – Other than Pharmaceutical and
Medicine275
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, Private276
An establishment operated An assembly land use, by a corporation or association of persons operated
by a non-profit group, for social, recreational, fraternal or charitable purposes, members and guests,
but which is not operated for profit or to render a service which is customarily conducted as a
business.277
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
275 Staff is recommending including a definition to distinguish between chemical manufacturing associated with
pharmaceuticals and non‐pharmaceutical products.
276 Staff is recommending deleting the word ‘Private’ as there is no practical distinction between public and private
clubs in the UDO.
277 Red Underlined Bold Highlighted text deleted as part of revisions to the Assembly land use category discussed
with the County Attorney after the March 6, 2019 packet was distributed.
175
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-8
These areas have sensitive environmental features and/or significant cultural resource areas, which
may make them legally or practically unbuildable. These areas are reserved for passive uses (e.g.,
forests, pastures, meadows) and low impact active uses (e.g., trails, natural observation).
Secondary Open Space
Secondary Open Space Areas have fewer restrictions with regard to location, allow more flexibility to
improve overall open space design, and have more active uses (e.g., community gardens,
playgrounds).
Active Open Space
A subset or category of open space that defines the type and/or intensity of its use. Active areas are
typically built areas and most often contain equipment and/or infrastructure. They are also frequently
used by the residents. Examples include: trails, community gardens, and recreation fields, plays
areas, pocket parks, and ball courts.
Passive Open Space
A subset or category of open space that defines the type and/or intensity of its use. Passive areas are
typically undisturbed, conserved areas that have little to no direct physical human interaction within
that portion of the open space.
Utility Open Space
A subset or category of open space that defines the type and/or intensity of its use. Utility areas are
typically open but contain public and/or private utilities and services. Examples include utility lines or
easements (e.g., water, sewer, gas, power), septic drain fields, and repair areas. Additional recreation
use of these areas is typically limited based on the type of utility requirements that are in place.
Community Center
An assembly land use new or existing facility that is owned or operated by a non-profit group, offering
social, recreational, or educational activities from the community for as a non-commercial activity.278
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
278 Red Bold Underlined Highlighted text deleted as part of revisions to the Assembly land use category discussed
with the County Attorney after the March 6, 2019 packet was distributed. Part of the revisions is to ensure there is
clear distinctions between what constitutes a ‘club/lodge’ and ‘community center’.
176
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-9
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
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
177
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-10
A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in
meeting personal rather than medical needs, which is not intended to provide specific therapy as the
result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that
does not require the continuing attention or supervision of trained, medical, or paramedical personnel.
Cutoff Fixture
An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light
emitted by the fixture is projected above the horizontal plane of the fixture.
Day Care
Any child care arrangement under which a child less than 13 years of age receives care away from his
own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are
not minors, guardians or full time custodians.
Day Care Facility
Any day care center or child care arrangement that provides day care for more than five children, not
including the operator’s school age children, under the age of 13, on a regular basis of at least once per
week for more than four hours but less than 24 hours per day, and those operating fewer than four hours
per day that provide care for more children per adult care giver than would be permitted in an AA State
licensed center, regardless of the time of day and regardless of whether the same children attend
regularly.
The following facilities are not included:
a) Public schools;
b) Non-public schools whether or not accredited by the State Department of Public Instruction,
which regularly and exclusively provide a course of grade school instruction to children who are of
public school age;
c) Summer camps having children in full-time residence;
d) Bible schools conducted for no more than three weeks during vacation periods; and
e) Cooperative arrangements among parents who care only for their own children in an arrangement
as a matter of convenience rather than to enable any participating parent to be employed.
Day Care Home, Large279
A Day Care Facility located on a public state-maintained road, which provides day care for more than five
but fewer than 16 children, 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
279 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.
178
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-13
Eating and Drinking Establishments
Land uses providing for the consumption of food and/or drink to its clientele on or off site.280
Economic Development Activity Node
Land in Transition areas of the County which has been specifically targeted for economic development
activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are
located adjacent to interstate and major arterial highways, and subject to special design criteria and
performance standards. Flex space typically includes one-story buildings designed, constructed, and
marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom,
manufacturing assembly or similar operations.
Efficiency Apartment
An additional dwelling unit accessory to a single family residence meeting the development criteria
outlined within this Ordinance.
Elevated Building
A non-basement building, which has its reference level raised above ground level by foundation walls,
shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of
hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded
movement of floodwaters.
Encroachment
The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede or alter the flow capacity of a floodplain.
Engineered (or Structural) Stormwater Controls
A structural Best Management Practice (BMP) used to reduce non-point source pollution to receiving
waters in order to achieve water quality protection goals. (See also Best Management Practices and
Detention Pond) (Unless otherwise specified, “BMP”, when used in this Ordinance, refers to structural
BMPs.)
Environmental Document
An EA, EIS, or FONSI, or all of them.
Environmentally Sensitive Areas
Land which is subject to special natural environmental conditions such as flooding that present significant
constraints to built development.
Equestrian Center
A facility designed and intended for the display of equestrian skills and the hosting of events including, but
not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian
disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic
trips per day, and may be held more frequently than once per month. A commercial stable may be
included on the site.
Existing Construction
Structures for which, the “start of construction” commenced before March 16, 1981. This term may also
be referred to as “existing structures.”
Existing manufactured home park or manufactured home subdivision
A manufactured home park or subdivision for which, for flood damage prevention purposes, the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed
280 Originally there were examples of various eating and drinking establishments. These were eliminated as they
were deemed to be unnecessary.
179
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-14
(including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) completed before March 16, 1981.
Extraction of Earth Products
The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter
from their original location. It does not include any processing of such material, beyond incidental
mechanical consolidation or sorting to facilitate transportation to the site of use or location of further
processing.
FONSI
A Finding of No Significant Impact. As pertaining to an EA or EIS.
Family
For purposes of this Ordinance, family shall be defined as an individual or two or more persons related by
blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five persons
who need not be related in a dwelling unit. A “family” may include five or fewer foster children.
Family Care Facility
A residential facility as defined in NCGS 168-21 limited to six unrelated occupants not counting
staff. A facility which meets the definition of a family care home in NCGS 168-21.281
Family Day Care Home282
A residence in which childcare is provided, which provides childcare for no more than three children.
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
281 There has been confusion with respect to what constitutes a ‘family care home’. The Attorney has
recommended the definition, denoted in Red Underlined text.
282 The term is no longer utilized and is being eliminated.
180
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-15
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
Federal Emergency Management Agency (FEMA)
The agency of the federal government chiefly responsible for studying and mapping flood plains and
developing guidelines limiting development therein.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Fertilizer
Any substance containing nitrogen or phosphorous which is used primarily for its plant food content.
Financial Services
Land uses providing economic and financial services to a clientele.
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
181
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-17
Any combination of structural and nonstructural additions, changes, or adjustments to structures, which
reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation
facilities, or structures with their contents.
Flood-resistant material
Any building product, material, component or system, capable of withstanding direct and prolonged
contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost
cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including
normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-
resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict
evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable.
Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer
to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA.
Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
This term may also be referred to as “regulatory floodway.”
Floodway encroachment analysis
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina
licensed engineer using standard engineering methods and models.
Flood Zone
A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in
the area.
Floor
See “Lowest Floor”.
Floor Area Ratio
Floor Area Ratio (FAR) is the maximum floor area permitted for each square foot of land area.
Footcandle
See Outdoor Lighting, Foot-candle.
Forest Plantation
An area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop
trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed
that is blown or carried into the site.
Forest Vegetation
The plants of an area which grow together in disturbed or undisturbed conditions in various wooded plant
communities in any combination or trees, saplings, shrubs, vines, and herbaceous plants. This includes
mature and successional forests as well as cutover stands.
Foundry
A land use involved with the production of castings or products through poring molten metal into molds or
casts.
Fraternity, Sorority House
182
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-19
Goods, Incidental
Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician
selling hair products.
Gross Floor Area
The area within the perimeter of the outside walls of a building as measured from the exterior face of the
exterior walls or from the centerlines of walls separating two buildings, with no deduction for hallways,
stairs, closets, thickness of walls, columns, or other interior features.
Group Care Facility
A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen
unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are
undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This
category includes group homes for all ages, half-way houses, foster and boarding homes. The following
shall not be eligible for admission to a group care facility:
a) Persons addicted to or recuperating from the effects of an addiction to drugs or alcohol;
b) Persons adjusting to non-prison life, including but not limited to, pre-release, work release,
probationary programs and juvenile detention centers.
A facility licensed by the appropriate State agency providing room and board for seven to 15 unrelated
individuals, excluding staff, who as a result of age, illness, handicap or some specialized program require
personalized services or a supervised living arrangement in order to assure their safety and comfort.283
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 other
than a Group Care Facility.284
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 Ranch285
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.
283 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.
284 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. Note the Blue Underlined text represents the final
Attorney approved definition.
285 For the time being staff is keeping this use in the Recreational Facilities land use category.
183
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-20
Health and Personal Care Facility
A public or private facility, establishment, or institution providing housing for 16 or more unrelated
individuals who are furnished meals and health/personal care on a continuing basis. Term includes:
convalescent homes, nursing homes, rest homes, assisted living facility, sanatoria, homes for the elderly,
handicapped, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health
care, adult supervision, or rehabilitation.
Health Services
Establishments of licensed practitioners, or licensed persons independently practicing a profession,
primarily engaged in rendering medical, surgical and other health related and allied personal care
services in the health field (e.g. physicians, physical therapists, dentists, medical specialists).
High-Density Option
One of two approaches available for development in some watershed overlay districts. Generally, the
high-density option relies on density limits and engineered stormwater controls to minimize the risk of
water pollution.
Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of
the structure.
Historic structure
Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local
Government (CLG) Program,” which has been approved by the Department of the Interior; or
d) Certified as contributing to the historical significance of a historic district designated by a
community with a “Certified Local Government (CLG) Program”. (CLG Programs are approved
by the US Department of the Interior in cooperation with the North Carolina Department of
Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Home Occupation, Major
An accessory business use which is owned and operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental
and subordinate to the principal residential use of the property. Major home occupations, which do not
meet the standards of a minor home occupation, shall accommodate for larger scale accessory business
uses by allowing for an increase in square footage, number of onsite employees, students, customers,
clients, and annual events with an approved Class B Special Use Permit.
Home Occupation, Minor
An accessory business use, which is owned or operated by the resident of residentially-zoned property,
and is clearly incidental and subordinate to the principal residential use of the property.
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
184
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-21
Residential Units for use during the duration of the lease. The term includes mobile home parks
developed under previous permitting requirements.
Home Park Space
A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary
Residential Unit and for the exclusive use of the occupants of said dwellings.
Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court286
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week,
as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and
leases are for weekly or longer periods and occupants are generally residents rather than transients.
Hotel, Residential
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units available for occupancy only for periods of thirty days or longer, provided, however, that temporary
lodging units for guests of regular tenants may be provided in any residential hotel, with number of such
units limited to 10% of the number of tenant lodging units.287
Immediate Neighborhood
A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its
location within the service area of a park site or sites as shown on the adopted “Recreation Service Area
Boundaries Map” on file in the Planning Department.
Impervious Surface
A surface composed of any material that impedes or prevents the natural infiltration of water into the soil.
Such surfaces include concrete, asphalt and gravel surfaces. These include, but are not be limited to,
streets and parking areas, sidewalks, patios, and structures that cover the land.
Industrial, Light
Manufacturing & processing operations that occur entirely indoors and have limited impacts on
surrounding properties, including, but not limited to, production of the following: food products (i.e.
commercial bakery, candy, and beverages, including bottling); surgical, medical and dental instruments;
wood cabinets, furniture and upholstery; light machinery, including household appliances; toys, sporting
and athletic equipment, excluding firearms and ammunition; and, paper products, such as bags,
containers, and cardboard.
Industrial, Medium
Manufacturing & processing operations that may occur indoors or outdoors and have limited impacts
beyond the boundaries of the zoning district, including, but not limited to, the following: heavy household,
commercial and industrial appliances; manufactured homes, recreational vehicles and related
components; automotive, farm and construction machinery; and, commercial building components.
Industrial, Heavy
Manufacturing & processing operations with a greater potential to impact surrounding properties, where a
majority or large component of the operation may occur in the open air. Such uses may include, but not
be limited to, the following: asphalt mixing plants; cement manufacturing or processing; commercial food
processing (packing and rendering) plants, including meat, poultry and fish; and, concrete mixing plants.
Infiltration
The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from
the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into
drinking water supplies.
286 Now part of the Short Term Rental use category.
287 Staff is recommending this be eliminated as being overly redundant.
185
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-22
Institutional Use
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university,
or government owned or operated building, structure, or land used for public purpose.
Interested Person
For purposes of quasi-judicial hearings an interested person is one who has standing as that term is
defined by applicable North Carolina statutory and case law.
Junk Yard
An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or
dismantled products and articles, such as machinery, vehicles, appliances and the like.
Junked or Wrecked Motor Vehicles
Motor Vehicles which do not display a current license plate or a current registration sticker and which
either: (a) are partially dismantled or wrecked, or (b) cannot be self-propelled or moved in the manner in
which originally intended to move.
Kennel (Class I) 288
The keeping of more than six but less than 20 animals of any species, excluding domesticated livestock,
on a parcel of property for the purpose of showing, competition, hunting, or sport. All animals shall be
owned by the property owner.
Kennel (Class II)
An establishment involving animals of any species, excluding domesticated livestock, engaged in any of
the following:
a) The owning or keeping, for any purpose, of 20 or more animals
b) The selling and/or training of guard dogs or security dogs
c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or
rehabilitation.
The operator of a Kennel (Class II) shall be allowed to reside on the property to ensure the continuous
care of the animals kept on-site.
Lamp
See Outdoor Lighting, Lamp.
Land Area Measurement Definitions
(See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space
Rear)
Land-Disturbing Activity
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.
288 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.
186
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-23
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
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
187
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-30
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.
188
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-31
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
189
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-32
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 Repair289
An establishment where the following services are available:
a) Body work,
b) Straightening of body parts,
c) Painting, and
d) Welding,
e) Storage of motor vehicles not in operating condition.
Motor Vehicle Repair Garage290
An establishment where the following services are available:
a) mMajor mechanical repairs, including engine overhaul, and
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;
g) 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
l) Temporary storage of motor vehicles not in operating condition while work is being performed
onsite.
Motor Vehicle Service Station291
An establishment where gasoline, diesel oil and/or other fuel for internal combustion engines is supplied
and dispersed at retail and where, in addition, the following services may be rendered: and sales made
and no other:
a) Sale and servicing of spark plugs, batteries and/or distributors and ignition systems parts;
b) Sale, servicing and repair of tires, but not recapping or regrooving;
c) Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield
wipers and blades, grease retainers, wheel bearings and the like;
d) Radiator cleaning, flushing and fluid replacement;
e) Washing and polishing supplies;
f) Greasing and lubrication;
g) Provision and repair of fuel pumps, oil pumps and lines;
289 Staff is recommending modification of existing definitions to ensure there is a proper and identifiable
distinction between the various motor vehicle land uses.
290 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.
291 Commonly referred to as a gas station. Staff is modifying the existing definition to ensure consistency.
190
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-33
h) Minor adjustment and repair of carburetors;
i) Adjustment and repair of brakes;
j) Emergency repair of wiring;
k) Minor motor adjustments not involving removal of the head or crankcase;
l)a) Sales of beverages, packaged foods, tobacco products and similar convenience goods for
customers, as accessory and incidental to the principal operations; and
m)b) Provision of road maps and other travel information to customers;
n) Provision of restroom facilities; and
o) State motor vehicle inspections.
A service station is not a repair garage nor a body shop. Uses permissible at a service station do not
include major mechanical and body work, straightening of body parts, painting, welding, storage of
automobiles or trucks not in operating condition or other operations involving noise, glare, smoke, fumes
or other characteristics to an extent greater than normally found in service stations.
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
191
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-34
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
An organization operated on a non-profit basis whose purpose is to acquire, produce and distribute
instructional materials for the benefit of its member institutions. Membership is comprised primarily of
fully accredited schools of health, education, social, legal, environmental and/or engineering sciences in
institutions of higher learning (universities, colleges and technical institutes). On-site faculty development
workshops and fellowship training programs may also be provided as part of the organization's
purpose.292
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 facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that meet
the requirements set forth in this Ordinance. See Health and Personal Care Facility.293
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 for professional and clerical activities associated with the
operation of a business or provision of professional services to clientele.
292 Land use was eliminated as part of this process.
293 Staff is recommending maintaining a reference with respect to the new land use category incorporating the
identified use.
192
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-35
Offices & Personal Services, Class 1294
Offices and personal services that attract few customers or clients on premises other than employees,
generate low traffic volumes (< 100 trips/day), and have no adverse impacts beyond the space occupied
by the building.
Offices & Personal Services, Class 2
Offices and personal services that generate medium traffic volumes (100-400 trips/day), and have no
adverse impacts beyond the lot boundaries.
Offices & Personal Services, Class 3
Offices and personal services that generate high traffic volumes (> 400 trips/day), and have no adverse
impacts beyond the zoning district boundary.
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space - (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B. Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50% or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s) within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
Outdoor Lighting, Cutoff Fixture
A fixture shielded or constructed in such a manner that no more than 2 ½% of the total light emitted by
the fixture is projected above the horizontal plane of the fixture.
Outdoor Lighting, Direct Light
294 These definitions are being eliminated. Regulation governing operational parameters of an ‘office’ land use are
now located within Article 5 of the UDO.
193
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-37
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 Distribution295
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 Storage and Distribution
The storage of finished/refined petroleum products for sale and distribution including retail and wholesale
activities.
295 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.
194
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-38
Petroleum Refinery296
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.
Place of Worship
An assembly land use primarily providing meeting areas for the support of religious activities, services,
and study. The term includes, but it’s not limited to: church, temple, mosque, and synagogue.
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
296 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.
195
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-39
A hearing opened at any regular meeting of either the Board of County Commissioners or the Board of
Adjustments.
Public Interest Area
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Pulp, Paper, and Paperboard Mills
Land uses 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.
Recreational297 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 Materials298
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
297 Staff failed to correct the definition to ensure consistency with the term utilized in the Table of Permitted Uses
in the March 6, 2019 Planning Board packet. This replacement page corrects the issue.
298 Definition of a new term. There is an existing facility off of Mt. Herman Church Road in the EDE‐2 General Use
Zoning district.
196
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-40
does not include the salvaging of metal or motor vehicles. Please refer to ‘Junkyard/Salvage’ as defined
herein.
Reference level
The bottom of the lowest horizontal structure member of the lowest floor for structures within all Special
Flood Hazard Areas.
Regulatory flood protection elevation
The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas
where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation
plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this
elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is
interchangeable with “design floods”.
Rehabilitative Care Facility299
A facility licensed by the appropriate state agency, as a group care facility for individuals who are
handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional
health care, adult supervision, or rehabilitation.
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations. In terms of compliance with Orange County floodplain management regulations, the term
shall also include reduction of the impacts of a development’s noncompliance including protecting the
structure or other affected development from flood damages, implementing the enforcement provisions of
the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with
regard to the structure or other development.
Repetitive loss
Flood-related damages sustained by a structure on two separate occasions during any ten year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of
the market value, or the tax value in the absence of recent comparative sales, of the structure before the
damage occurred.
Research Facility Without Manufacturing
An enclosed structure which accommodates research and research applications. Facilities may include
laboratories, offices, and other facilities for research and development, as well as prototype production
facilities for product creation. Prototype production shall be limited in scale to that necessary to fully
analyze the merits of the product
Research and Manufacturing Facility With Manufacturing
An enclosed structure which accommodates research and research applications as well as related light
industrial uses. Facilities may include laboratories, offices, other facilities for research and development,
and production facilities.
Reservoir, Class I
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant.
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.
299 Now included as part of the ‘Health and Personal Care Facility’ land use under the Medical Uses land use
category.
197
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-41
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
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 300
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
300 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.
198
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-42
An establishment whose principal business is the sale of food and beverages to the customer in a ready-
to-consume state, and whose design or method of operation includes the following characteristics:
a) Foods and beverages within the restaurant building, within a motor vehicle parked upon the
premises, or at other facilities on the premises outside the building, is posted as being prohibited
and such prohibition is strictly enforced by the restaurateur.
b) Foods and beverages are usually served in edible, paper, plastic or other disposal containers.
Restaurant, Drive-In
An establishment whose principal business is the sale of food, and beverages to the customer in a ready-
to-consume state, and whose design, method of operation, or any portion of whose business includes
one or both of the following characteristics:
a) Food and beverages are served directly to the customer in a motor vehicle by a carhop or by
other means which eliminate the need for the customer to exit the motor vehicle.
b) The consumption of foods and beverages within a motor vehicle parked upon the premises, or at
other facilities on the premises outside the restaurant building, is allowed, encouraged or
permitted.
Retail, Class 1301
Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail
order houses, where no adverse impacts occur beyond immediate space occupied by the building;
operations are designed to attract & serve few customers or clients on premises other than employees of
the principle use; there is a low volume of traffic generated (0-200 Trips/Day); and all operations are
conducted entirely within a fully enclosed building with no outside storage.
Retail, Class 2
Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail
order houses, where no adverse impacts occur beyond the boundaries of the lot where the use is located
and there is a medium volume of traffic generated (200-800 Trips/Day).
Retail, Class 3
Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail
order houses, where no adverse impacts occur beyond the boundaries of the zoning district and there is a
high volume of traffic generated (more than 800 Trips/Day).
Retail Use
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.302
Retreat Center
An assembly land use new or existing facility operated by a corporation or association of persons or
churches forproviding social and recreational purposes amenities, services, and activities to its clientele
operated as a commercial activity. A retreat center may be owned by a profit or not-for-profit corporation.
Retrofitting
Measures, such as flood proofing, elevation, construction of small levees, and other modifications, taken
on an existing building or its yard to protect it from flood damage.
301 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.
302 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.
199
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-43
Riding Stable
An establishment for boarding, breeding, training or raising of horses, ponies, mules, and/or donkeys for a
fee; and/or rental of horses, ponies, mules, and/or donkeys for riding, driving, and/or instruction. Exercise
rings shall be considered accessory uses to a commercial stable. Smaller scale events, such as horse
shows expected to generate less than 80 traffic trips per day, may be held no more often than once per
month. The operator of a commercial stable may reside on the property to ensure the continuous care of
animals kept on the site.
Riparian Area
An area that is adjacent to a body of water.
Riverine
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Road
See “Street.”
Rooming House
A host occupied dwelling unit building or group of attached or detached buildings containing, in
combination, from three to nine lodging unitswhere individual rooms are rented out for occupancy for
weekly or longer periods. Individual rooms do not contain kitchen or cooking facilities for occupant use.,
with or without board, for residents, as distinguished from hotels and tourist homes in which rentals are
generally for daily or weekly periods and occupancy is by transients. 303
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 Establishments304
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)
303 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).
304 Relocated and contained in the new definition of Short Term Rental.
200
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-44
C. Country Inn: A business, which offers accommodations and dining in a predominately rural area.
Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch
and dinner to guests and the general public. The number of guestrooms may range from four to
no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP)
Rural Heritage Museum305
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 306
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.307
School – Technical, Trade, and Skill Training
305 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.
306 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.
307 This combines all performing arts and/or athletic activities into a central land use category. Standards have
been located in Article 5 creating the necessary distinction(s) as to where such uses would be allowed.
201
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-45
Land use(s) engaged in offering a variety of technical, trade, continuing education, vocational and skills
training. Includes facilities providing workforce education and college transfer academic programs and
may include institutions that maintain athletic teams and offer on-site living accommodations (i.e.
dormitories) but not approved by the North Carolina Department of Public Instruction.
Semi-Cutoff Fixture
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Septic, Off-Site
An off-site system is a wastewater system as defined in GS 130A-334(15) where any components of the
systems serving two or more facilities are located on property other than the building lot that is under
common ownership or control. This approval does not apply to a wastewater system entirely contained on
multiple adjoining lots or tracts of land under common ownership or control which are considered a single
system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC 18A .1938(j).
Septic System, Alternative
Any approved ground absorption sewage treatment and disposal system other than an approved privy or
an approved septic tank system.
Septic Tank System
A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.
Setback
Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure
from thirty inches above the general ground level of the graded lot upward, except as specifically provided
in these regulations; provided, however, that fences and walls may be permitted in any setback subject to
height limitations established generally or for the district and, further provided that poles, posts and other
customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of light and air across the setback or violate provisions
of these or other regulations regarding visibility.
Sexually Oriented Devices
Any artificial or simulated Specified Anatomical Area or other device or paraphernalia that is designed
principally for Specified Sexual Activities but shall not mean any contraceptive device.
Sexually Oriented Business
A business which offers its customers or adult patrons any device, activity or demonstration depicting
Specified Sexual Activities , or which is intended to appeal to sexual interests, titillation or arousal of the
customer or adult patron. A sexually oriented business shall include an adult establishment as in NCGS §
14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video
Store, Adult Cabaret, Adult Motel, and Adult Escort Agency.
Short Term Rental 308
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.
Short Term Rental Small – Host Occupied:
A dwelling occupied by a host, which provides up to three guestrooms for overnightup to one week of
rental or lease.
308 Consistent with direction from the BOCC and County’s Attorney office staff has combined existing overnight
accommodation uses (i.e. bed and breakfast, bed and breakfast inn, county inn, hotel/motel, tourist home, etc.)
into the following land use categories. Originally, staff had recommended creating a overarching category (i.e.
Short Term Rental) and have subcategories. After meeting with the County Attorney on March 4, 2019, staff has
changed this recommendation.
202
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-46
Short Term Rental Large – Host Occupied:
A dwelling occupied by a host which provides more than three guestrooms for overnightup to one week of
rental or lease.
Short Term Rental – Non-host Occupied:
A dwellingbuilding or group of buildings which provides guestrooms for overnight rental or lease but is not
occupied by a host. 309
Sign
Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted,
erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance, article, machine, or
merchandise, which are displayed in any manner, including out-of-doors.
Sign, Abandoned
A sign for which no legal owner can be found or any sign face or sign structure that advertises a business
not conducted on the premises for over 90 days. In making the determination that a sign advertises a
business no longer being conducted, the Planning Director shall consider the following: the existence or
absence of a current occupational license, utility service deposit, or account; use of the premises; and
relocation of the business.
Abandoned Sign shall also include the following:
a) Through age and/or obsolescence a sign that no longer conforms to structural or maintenance
specifications of Section 6.12, or
b) Any pole, pylon, or structure expressly installed for the purpose of affixing a sign that bears no
sign or copy.
Sign, Advertiser
Any person who is a lessee or owner of a sign, an agent of same, or anyone that has beneficial use of a
sign.
Sign, Advertising Display Area
The advertising display surface area encompassed within any polygon that would enclose all parts of the
sign. The structural supports for a sign, whether, they be columns, pylons, or a building, or a part thereof,
shall not be included in the advertising area. Also known as Sign Area.
An example of how advertising display area or sign area is calculated is as follows:
309 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.
203
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-57
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;
(c) Refining and/or blending vegetable oils;
(d) Manufacturing shortening and margarine; andor
(e) Blending purchased animal fats with vegetable fats..310
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
310 Staff is recommending adding a definition of this new land use to ensure we properly reference all activities
including within the category.
204
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-58
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. 311
Stormwater Collection System
Any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting (not treating) run-off. A
stormwater collection system does include vegetated swales, swales stabilized with armoring or
alternative methods where natural topography prevents the use of vegetated swales (subject to case-by-
case review), curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are
associated with development controlled by the provisions of 15A NCAC 2H 1003(c)(1).
Stream
A body of concentrated flowing water in a natural low area or natural channel on the land surface
Stream Buffer
An area of land adjacent to a stream or a FEMA-identified floodplain, whichever is greater, which, except
as permitted within this Ordinance, must remain undisturbed in its natural state. Streams are identified by
any of the following means:
a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps,
b) Shown as a water feature in the Orange County Soil Survey, or
c) A water feature identified by a field determination of County staff trained in surface water
identification through the North Carolina Division of Water Quality (NCDWQ).
311 New definition of existing land use.
205
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-60
Street, General Factors to Definition
For the purposes of these regulations, terms relating to streets are defined as follows. Determination of
the classification of a street shall be by the following criteria:
1. The classification shall be based upon the projected volume of traffic to be carried by the street,
stated in terms of the number of trips per day;
2. The number of dwelling units to be served by the street may be a useful indicator of the number
of trips but is not conclusive;
3. Whenever a subdivision street continues an existing street that formerly terminated outside the
subdivision or it is expected that a subdivision street will be continued beyond the subdivision at
some future time, the classification of the street will be based upon the street in its entirety, both
within and outside of the subdivision.
Street, Limited Access
A street to which access from adjoining property is not direct, but is combined, limited, channeled or
prohibited. Limited access streets are one means for controlling access to arterial streets and usually
provide one access point along a single block face.
Street, Local
A street used or designed primarily to provide access to abutting properties. It serves or is designed to
serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and
200 trips per day.
Street, Loop
A street used as a means for local traffic to leave and enter other streets without turning around, but
providing access only to abutting properties. These streets are less than one mile in length and have no
collector characteristics.
Street, Marginal Access
A minor street which is parallel to and adjacent to an arterial street, and which provides access to abutting
properties and protection from through traffic. Marginal access streets may also be referred to as "service
roads".
Street, Minor
A street used or designed primarily to provide access to abutting properties. It serves or is designed to
serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
Street, Private
A vehicular way, built to the private street standards of Orange County, not intended for public use or
public dedication and which serves a limited number of lots. It is maintained by private property owners
and intended for use by those private property owners.
Street, Public
A street which has been accepted for permanent maintenance by the State of North Carolina.
Street, Subcollector
A street used or designed to provide access to abutting properties, but is also designed to be used or is
used to connect minor or local streets with collector or arterial streets. Including residences indirectly
served through connecting street, it serves or is designed to serve at least 26 but not more than 100
dwelling units and is expected to or does handle between 200 and 800 trips per day.
Structure
Any walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is built or
constructed principally above ground, constructed or erected to a height of 30 inches or more, including
but not limited to load bearing walls, columns, beams or girders.
Studio (Arts and Crafts)
206
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-61
Room or building where an art is taught, practiced or studied, or where a craft or product is manually
produced. Typical studio users include artists, musicians, dancers, gymnasts, photographers, sculptors,
wood and leather craftsmen, 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
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed.
207
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-66
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. 312
Tourist Home313
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.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
Traffic Generation: Medium
Uses which generate an average of between 200 and 800 vehicle trips per day.
Traffic Generation: High
Uses which generate an average of more than 800 vehicle trips per day.
312 As we are combining several land uses into a single category, staff is recommending a new definition of Theater
to accommodate all such activities.
313 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.
208
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-68
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. 314
Veterinary Clinic, mobile315
A mobile medical facility staffed by one or more licensed veterinarians to provide care, diagnosis, and
treatment of animals in need of medical or surgical attention.
Veterinary Hospital
A facility staffed by at least one licensed veterinarian for the specialized treatment of large and/or small
animals, which may involve overnight care. Said 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.316
314
315 Use was eliminated as part of this amendment process.
316
209
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-70
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.317
Windows, Primary
Principal windows in habitable rooms except bedrooms and kitchens.
Windows, Secondary
Windows of habitable rooms other than primary windows.
Windows, Tertiary
Windows other than for habitable rooms.
Winery, production only
A facility utilized for making wines for wholesale or retail sale and consumption off the premises. Shall be
considered a bona fide farming use if located on a farm and using primarily crops produced on-site.
Winery with Minor Events
A facility utilized for making wines for consumption on- or off-site with limited hours for tours of the facility
and tastings of the products produced on-site, and small periodic events that are expected to attract fewer
than 150 people to the site. Food services may be permitted under the conditional zoning or special use
permit approval.
Winery with Major Events
317 New definition clarifying what the County considered Wholesale trade.
210