HomeMy WebLinkAboutORD-2019-015 UDO amendment Permitted Uses Table Ordinance # ORD -2019 - 015
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas , Orange County establishes three separate tables outlining allowable land uses
within Section ( s ) 5 . 2 . 1 , 5 . 2 . 2 , and 5 . 2 . 3 of the Unified Development Ordinance ( UDO ) . Further ,
Article 5 Uses of the UDO establishes development standards and review criteria for various
permitted land uses within the County and
Whereas , Since adoption of the UDO in 2011 , there has been a desire to collapse and
condense the existing tables of permitted land uses into a single table , as well as clarify
development standards for various land uses , to avoid unnecessary duplication and conflict ,
and
Whereas , On November 6 , 2015 the State Supreme Court in Byrd Versus Franklin placed
the onus on local governments to ` spell out ' what land uses were allowable or prohibited within
their respective jurisdictions , and
Whereas , Planning staff and the County Attorney have determined the UDO does not
adequately delineate which land uses are permitted and /or prohibited within specified zoning
districts consistent with the finding of Byrd versus Franklin , and
Whereas , There is a need to revise how Orange County lists permitted and prohibited land
uses in order to comply with the findings of Byrd as well as to streamline existing regulatory
processes to ensure regulations are readily understandable , and
Whereas , the requirements of Section 2 . 8 of the UDO have been deemed complete , and
Whereas , the Orange County Planning Board has recommended approval of the proposed
text amendments , and
Whereas , the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan .
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended consistent with the Planning
Director ' s and County Attorney ' s recommendation and action taken by the Board at is April 16 ,
2019 meeting eliminating language from Section (s ) 2 . 10 ; 2 . 11 ; and 5 . 3 . 2 establishing a
` burden of persuasion ' .
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption .
Upon motion of Commissioner McKee , seconded by Commissioner Marcoplos , the foregoing
ordinance was adopted this 16t " day of April , 2019 .
I , Donna S . Baker , Clerk to the Board of Commissioners for Orange County , DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on April 16 , 2019 as relates in any way to the adoption of the foregoing and that
said proceedings are recorded in the minutes of the said Board .
WITNESS my hand and the seal of said County , this f �p day of , 2019 .
17 l
� 52 Clerk to the Board of Commissioners
Article 2 : Procedures
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 .
' SECTION1VARIANCES
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 documents ) 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 . 441 of the Ordinance justifying the issuance of the variance , and
( 5) Copies of any additional information deemed essential by the applicant justifying
the approval of the request .
2 . 10 . 3 Burden of Proof
Applicants shall have the burden of establishing by competent material and substantial evidence ,
in the form of testimony , exhibits , documents , models , plans , and other materials , that the
application meets the requirements for approval of a Variance . �ther , t a ant shall
have the burden of nersL asion on those issi yes
1 Updating of Section reference , recommended unanimously by Planning Board at its March 20, 2019 meeting .
2 At its March 20, 2019 meeting, the Planning Board indicated they had no concerns with this language .
' The RPd " '^ a ^ " laRPd Q ^ I .d Ctr ; Leal, r91:1 .. I, V ., II .,. . , ; ., 6. I4fl4f .,4 language was eliminated by unanimous vote of the
BOCC at its April 16 , 2019 meeting . This was done before approval of the amendment package .
Orange County, North Carolina — Unified Development Ordinance Page 2 -36
Article 2 : Procedures
Section 2 . 10 : Variances
2 . 10.32 . 10 . 4 Authorized Variances
riance may be approved by the Board of Adjustment in cases where unnecessaryhoeptrdships
woul ult from carrying out the strict letter of the Ordinance , when substantial ence in the
official reco of the application supports all of the following findings .
( A) Unnecessa ardship would result from the strict applicatio the Ordinance . It shall not
be necessary to onstrate that , in the absence of t ariance , no reasonable use can
be made of the proper
( B ) The hardship results from con ' ' ns tha e peculiar to the property , such as location ,
size , or topography . Hardships res g from personal circumstances , as well as
hardships resulting from cond ' ' s that common to the neighborhood or general
public , may not be the b for granting a var ce .
( C) The hardship di t result from actions taken by the licant or the property owner . The
act of purc ing property with knowledge that circumstanc exist that may justify the
grant ' of a variance shall not be regarded as a self - created ha hip .
( D ) he requested variance is consistent with the spirit , purpose , and intent e Ordinance ,
such that public safety is secured and substantial justice is achieved .
2 . 10 . 42 , 10 . 5 Additional Criteria for Authorized Variances — Special Flood Hazard Areas
In addition to the criteria contained within Section 2 . 10 . 434 , any application for a variance from
the flood regulations shall abide by the following additional criteria :
Variances may be issued for the repair or rehabilitation of historic structures u on the
determination that the proposed repair or rehabilitation will not preclude the ructure ' s
ontinued designation as a historic structure and the variance is the mini um necessary
to eserve the historic character and design of the structure .
( B ) In cons ring variances from the requirements of the flood regul ons , the Board of
Adjustmen hall consider all technical evaluations , all relevan actors , all standards
specified in of r sections of this Ordinance , and :
( 1 ) The clang e hat materials may be swept onto her lands to the injury of others ;
(2) The danger to li and property due to flo ing or erosion damage ;
(3) The susceptibility of proposed fa ' ty and its contents to flood damage and
the effect of such damag on the i ividual owner ;
(4) The importance of the service rovided by the proposed facility to Orange
County ;
(5) The necessity to the f ity of a wate t location , where applicable ;
( 6) The availability of ternative locations , not s ect to flooding or erosion
damage , for th roposed use ;
(7) The comp ility of the proposed use with existing a anticipated development ;
(8) The r tionship of the proposed use to the Orange Count omprehensive Plan
an oodplain management program for the area ;
( 9 ) he safety of access to the property in times of flood for ordinary a emergency
vehicles ;
0) The expected heights , velocity, duration , rate of rise , and sediment transpor f
the flood waters and the effects of wave action , if applicable , expected at the site ;
4 Updating of Section reference . The Planning Board recommended approval of the change unanimously at its
March 20 , 2019 special meeting
Orange County, North Carolina — Unified Development Ordinance Page 2 -37
Article 2 : Procedures
Section 2 . 10 : Variances
( 11 ) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities Is h as sewer ,
gas , electrical and water systems , and streets and bridges ; and
12) The request for a variance is not after-the -fact or for a situati of one ' s own
making .
( C) A wri n report addressing each of the above factors shall be Is mitted with the
applica ' n for a variance .
( D ) Upon cons ' eration of the factors listed above and the pur ses of this Ordinance , the
Board of Adj tment may attach such reasonable conditi ns to the granting of variances
as it deems ne essary to further the purposes of this dinance .
( E) Variances shall n be issued within any designate loodway or non - encroachment area if
any increase in floo levels during the base flood ischarge would result .
( F) Conditions for Varianc :
( 1 ) Variances may n t be issued wh the variance will make the structure in
violation of other deral , Stat , or local laws , regulations , or ordinances .
(2) Variances shall only b issu d upon a determination that the variance is the
minimum necessary, co ering the flood hazard , to afford relief .
(3) Variances shall only b iss ed upon :
( a) A showing good an sufficient cause ;
( b) A deter ination that failu to grant the variance would result in
exce onal hardship ;
( c) A etermination that the grant g of a variance will not result in increased
od heights , additional threats public safety , or extraordinary public
expense , create nuisance , cause ud on or victimization of the public ,
or conflict with existing local laws or rdinances ; and ,
That the circumstances on the subject operty are unique to the subject
property and not to properties in general .
( G ) Any pplicant to whom a variance is granted shall be given w ' ten notice specifying the
dif rence between the Base Flood Elevation ( BFE ) and the ele tion to which the
ructure is to be built and a written statement that the cost of floo insurance will be
commensurate with the increased risk resulting from the reduced re rence level
elevation . Such notification shall be maintained with a record of all va ' ance actions .
The Floodplain Administrator shall maintain the records of all appeal acti Is and report
any variances to the FEMA and the State of North Carolina upon request .
2e10w62 . 10 . 6 Additional Criteria for Authorized Variances —Watershed Protection Overlay
District
Minor variances for dimensional requirements of the Watershed Protection Oyp. ay District
be approved by the Board of Adjustment in accordance with Sectio 2 of this
Ordina
( B ) The Board of Adjus t may approve variance appli eRi6hs to allow the use of off- site
septic easements for lots c d before Janu , 1994 , and for non - conforming lots of
record .
( C) A description of each project iving a varia nd the reason for granting the variance
shall be submitted for calendar year to the Divisi Water Quality on or before
January 1 st of ollowing year .
( D ) All o ocal governments having jurisdiction within the watershed area he entity
sing the water supply for consumption shall be notified of the variance applicatio at least
Orange County, North Carolina — Unified Development Ordinance Page 2111,38
Article 2 : Procedures
Section 2 . 10 : Variances
15 days prior ion . Th en s all notify other
local govern mai .
( E) Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the
following provisions :
( 1 ) Through variance procedures of the Board of Adjustment , as described in this
subsection ( 2 . 10 . 565) .
( Through approval and recordation of a conservation agreement , as pr ided in
Article 4 of Chapter 121 of the N . C . General Statutes , between Oran e County
and a land owner that prohibits development of land in a protected atershed in
erpetuity .
( a In such cases , a modification of the required impervio surface ratios
may be approved administratively but only to the ext nt that additional
land in the same watershed is conserved or protec d from development .
such instances , the land that will be subject to conservation
a eement must be adjacent to the land propo d for development and
for hich a modification of the impervious sur ce ratios is sought .
0 ) As an example , a person owning 40 , 000 square foot lot and
bject to a 12 % impervious surf ce ratio would be limited to
43 0 square feet of imperviou coverage . If the person ' s plans
call e for 5 , 500 square feet o coverage ( a difference of 700
squar feet) , the recording a conservation easement on 5 , 833
square et of contiguous roperty would satisfy the impervious
surface ra ' o requireme s . ( 12 % of 5 , 833 square feet is 700
square feet .
( b ) The conservation ease en hall describe the property restricted in a
manner sufficient to pass ' le , provide that its restrictions are covenants
that run with the land an , i form , be approved by the County Attorney .
( c ) The conservation eas ment s Il , upon its recording , be in the place of a
first priority lien on t e property xcepting current ad valorem property
taxes ) and shall r ain so unless , ith the approval of Orange County , it
is released and rminated .
( i ) Oran County shall require th priority of the conservation
eas ment to be certified by and torney- atdaw , licensed to
pr ctice law in the State of North rolina and approved to
ertify title to real property by a lends institution ( bank or
savings and loan association ) doing b iness in Orange County .
( d ) Ora ge County approval of a release or terminati of the conservation
a eement shall be declared on the document relea ing or terminating
e agreement .
( i ) The document shall be signed by the Orange C my Manager ,
upon approval of the Orange County Board of Co issioners .
( ii ) No such document shall be effective to release or ter, inate the
conservation agreement until it is filed for registration h the
Register of Deeds of Orange County .
5 Updating of Section reference . The Planning Board recommended approval of the change unanimously at its
March 20 , 2019 special meeting
Orange County, North Carolina — Unified Development Ordinance Page 2 -39
Article 2 : Procedures
Section 2 . 10 : Variances
2m ! On62 . 10 . 7 Procedure for Certain Stream Buffer Variance Requests
Requests for variances from stream buffer requirements within 504eet from the top of the stream
ank shall abide by the following procedure :
( A) The Erosion Control Officer shall make a finding of fact as to whether the follo ing
requirements have been met :
( 1 ) There are practical difficulties or unnecessary hardships that prey nt compliance
with the strict letter of the stream buffer protection requirements Practical
difficulties or unnecessary hardships shall be evaluated in acc rdance with the
following :
( a) If the applicant complies with the provisions of the stream buffer
requirements , he/she can secure no reasonable eturn from , nor make
reasonable use of , his/ her property .
( i ) Merely proving that the variance wo Id permit a greater profit
from the property will not be consi bred adequate justification for
a variance .
' i ) Moreover, the Erosion Control fficer shall consider whether the
variance is the minimum po ible deviation from the stream
buffer requirements that wi make reasonable use of the
property possible .
( b) The ha ship results from appli ation of the stream buffer requirements
to the pr erty rather than fro other factors such as deed restrictions or
other hard ip .
( c) The hardship is due to th physical nature of the applicant ' s property ,
such as its siz shape , r topography , which is different from that of
neighboring pro erty .
( d ) The applicant did cause the hardship by knowingly or unknowingly
violating the strea uffer requirements .
( e ) The applicant d ' not rchase the property after the effective date of the
stream buffer equireme ts , and then request a variance .
(f) The hardsh ' is unique to e applicant ' s property , rather than the result
of conditi s that are wide s ead .
( i ) f other properties are ually subject to the hardship created in
the restriction , then gra ing a variance would be a special
privilege denied to others , and would not promote equal justice .
( g ) T e variance is in harmony with the eneral purpose and intent of the
tate ' s riparian buffer protection requi ements and preserves its spirit ;
and
( h ) In granting the variance , the public safety nd welfare have been
assured , water quality has been protected , nd substantial justice has
been done .
( B ) If the Er sion Control Officer determines that a variance request eets the requirements
in (A) ove , then he/she shall prepare a preliminary finding and s bmit it to the State ' s
Envi nmental Management Commission .
( C ) Pr liminary findings on variance requests sent to the State ' s Environm ntal Management
ommission shall be reviewed by said Commission within 90 days after eceipt by the
Director of the Environmental Management Commission .
( D ) The purpose of the State Environmental Management Commission ' s revie is to
determine if it agrees with the Erosion Control Officer' s findings regarding wh her that the
requirements in subsection ( A) have been met .
Orange County, North Carolina — Unified Development Ordinance Page 2 - 40
Article 2 : Procedures
Section 2 . 10 : Variances
( The following actions shall be taken depending on the State Environme Management
mission ' s decision on the variance request :
( a Upon the State Environmental Mana nt Commission ' s approval , the
ion Control Officer shall iss final decision granting the variance .
( b ) Upon the e Enviro ntal Management Commission ' s approval with
conditions or sti ions , the Erosion Control Officer shall issue a final
decision , w inclu e ese conditions or stipulations .
( c) U the State Environmental ement Commission ' s denial , the
Erosion Control Officer shall issue a fin ecision denying the variance .
( F) Re sts for appeals of determinations made by the State ' s Envir ental Management
ommission that the requirements of subsection ( A) have not been met I be made to
the State ' s Office of Administrative Hearings .
2010 , 72810 . 8 Unauthorized Variances
Other than stream buffer variances outside of the first 504eet from the ce terline of a
am , the Board of Adjustment is not authorized to grant varianc any of the
stan a of :
( 1 ) Article ubdivision Design and Impr ents ,
( 2 ) Section 6 . 15 - Er n and entation Control ,
(3 ) Section 6 . 14 - Sto ater ement , and
( 4) Sectio . - Environmental Impact its
( B ) The of Adjustment is not authorized to grant a varia that would permit a use in a
rict where that use is neither a Permitted Use nor a Special
2 . 10 . 82 . 10 . 9 Review Procedures
ulications for a Variance shall be reviewed and acted upon by It and of Adjustment
in accor on the procedures contained in Se ' of this Ordinance .
( B ) The Planning Director shall c ssessment of the application and provide a
recommendati isposition of the app is
( e assessment shall be introduced at the hearing and become part o =e6ard:
2al Osg2 . 10 . 10 Findings of Fact
16
( A) Required findings of fact , as listed in Section 2 . 10 . -4 shall be made in the indicated
order by the Board of Adjustment .
( d ' ustment is not empowered to Ince without an affirmative
finding of fact supporte n the record of proceedings before the
Board .
220:1-02 . 10 . 11 Conditions of Approval
Dose a ro riate suc conditions are
reasonabl
2 , 10112 , 10 . 12 Notice Requirements
6 Updating of Section reference . The Planning Board recommended approval of the change unanimously at its
March 20 , 2019 special meeting
Orange County, North Carolina — Unified Development Ordinance Page 2 -41
Article 2 : Procedures
Section 2 . 11 : Interpretations
SECTION •
2 . 11 . 1 Generally
An appeal from an order , requirement , decision or determination of the Planning Director shall be
decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of
this Ordinance . In exercising this power , the Board of Adjustment shall act in a prudent manner
so that the purposes of this Ordinance shall be served . The effect of the decision shall not be to
vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts .
2 . 11 . 2 Application Requirements
( A) Applications for an appeal of an interpretation of a decision , file determination , directive ,
Notice of Violation , or other similar determination shall be submitted on forms provided by
the Planning Department in accordance with Section 2 . 2 of this Ordinance . Ten copies of
the application and supporting documentation shall be submitted .
( B ) Applications must be received by the Planning Director no later than 30 days after the
decision , file determination , directive , Notice of Violation , or other similar determination
was made .
2 . 11 . 3 Burden of Proof
Applicants shall have the burden of establishing by competent material and substantial evidence ,
in the form of testimony , exhibits . documents , models .. plans , and other materials , that the
application meets the requirements for approval of a Variance . Further , the liar +�'rl
have the burden of PorsL i-aeinR On these ic• c+ uoc+
2A 1 832A 1 . 4 Stay on Further Proceedings
( A) An appeal to the Board of Adjustment from a decision or determination of the Planning
Director stays all proceedings in furtherance of the decision or determination appealed
from , except as provided herein .
( B ) An appeal to the Board of Adjustment of a determination or decision of the Planning
Director shall not stay further proceedings in furtherance of the decision or determination
appealed from , if the Planning Director certifies to the Board of Adjustment in an affidavit
either :
( 1 ) A stay would cause imminent peril to life or property , or
(2) The situation appealed from is transitory in nature and , therefore an appeal
would seriously interfere with enforcement of the Ordinance .
( C) In either instance , the Planning Director shall place in the determination facts to support
the conclusion if ( 13) ( 1 ) and/or ( 13 ) ( 2 ) are invoked .
( D ) If ( 13 ) ( 1 ) and/or ( 13 ) ( 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 .
7 At its March 20, 2019 special meeting, the Planning Board indicated they had no concerns with this language .
8 As with proposed changes in Section 2 . 10 dealing with the burden of proof for variances, the
* � . . . . t ' F8U & Yellow '" High ^ ''*'' language was eliminated by unanimous vote of the BOCC at its April 16 ,
2019 meeting . This was done before approval of the amendment package
Orange County, North Carolina — Unified Development Ordinance Page 2 -42
Article 2 : Procedures
Section 2 . 12 : Board of Adjustment
2 * 11 a42 . 11 . 5 Review Procedures
(A Applications for an appeal of an interpretation shall be reviewed and acted on by the
and of Adjustment in accordance with the procedures contained in c ' 2 . 12 of this
Ordin e .
( B ) The duct o earing shall be consistent with the ons of Section 2 . 12 of this
Ordinanc .
( C ) The Planning Dire shall com an sment of the application and provide a
recommendation on the osition plication . The assessment shall include all
relevant facts utilized in rende e dispute cision and the rationale for the
interpretation made by t nning ctor .
( D ) The assessmen I be introduced at the he and becom rt of the record .
( E ) Upon h g all evidence associated with the applicati the Board of tment shall
cl e hearing and render a decision on the matter to affir odify , or rever e
decision of the Planning Director .
. 2 . 11 . 6 Findings of Fact
TMul stment shall provide a detailed rationale for its decision i an order
to affirm , modify , or reverse e Plan is order shall provide the
necessary justification for the ' n ased on evidence entered into
the rec e earing .
2A 1 o62 . 11 . 7 Notice Requirements
0 2 . 12 . 6 A . O on 2 . 6 are not
applicable ea o an interpretation .
BOARD OF ADJUSTMENT
2A 2 . 1 eral visions
( A) e Boar all act on all applications before it .
( B ) The rd shall a on any appeal of a Stop Work Or iss by the Planning Director
at its next ularly sc duled meeting or at a spe ' I me ng called for that purpose .
2 . 12 . 2 Quasi = Judicial Procee s
( A) The Board of Adjustme cts in ua ' ' udi I capacity . However , it is not intended that
its proceedings be conduct formally ose before courts .
( B ) The rules of procedure d evide et forth in t Ordinance shall be followed to
protect the interes of all partie n e public .
( C ) The presidi officer shall inister oaths all witnesses a shall make rulings
necess to preserve f ' ness , order , or prop decorum in any ter before the Board
of Justment . Any rson who , while under oath ring a proceedin fore the Board ,
illfully swears f ely is guilty of a Class I misdemea
( D ) Any memb of the Board of Adjustment or any interested p may object to , and the
presidin officer may exclude , any evidence , testimony , or state ent that is deemed
inco etent , irrelevant , immaterial , or unduly repetitious and there e fails to reasonably
ress the issues before the Board of Adjustment .
2A 2 . 3 Bence and Testimony
( A) Interested Party
Orange County, North Carolina — Unified Development Ordinance Page 2 - 43
Article 2 : Procedures
Section 2 . 23 : Day Care Center in a Residence reasonable accomodation
2 . 22,Z Application Approval
00
( A If the application is approved , either with or without conditions , the Plan g Director shall
end the applicant a permit letter informing him / her of the approval of the
re ' ements of the Ordinance that apply to the home occupatio .
( B ) The per ' etter must be signed by the applicant to indica is/ her willingness to operate
the home occ ation in conformance with the require nts and conditions set forth in the
permit letter .
( C ) Each permit letter shall kept on file by th anning Director and shall constitute the
Home Occupation Permit fo e particu use in question .
( D ) The home occupation may be op ed by the applicant as long as it is operated in
conformance with the require nts an onditions set forth in the permit letter .
2 . 22 . 4 Application Denial
If the application is de d , the Planning Director shall notify applicant of the denial and shall
state the reasons denial in writing .
2 . 22 . 5 Appeals
Th pplicant may appeal the decision of the Planning Director to the Board of A stment as set
rth in Section 2 . 27 .
SECTION
2MA Purpose
This section provides a procedure for making requests for reasonable accommodation to land
use and zoning regulations , policies , practices . and procedures of the County to comply fully with
the intent and purpose of federal laws .
2 . 23 . 2 Applicability
( A) This section shall apply to those persons who are defined as disabled or handicapped
under federal law . A person recovering from substance abuse is considered a person with
a disability or handicap : however , a person who is currently engaging in the illegal use of
controlled substances is not .
( B ) A request for a reasonable accommodation may be made by any person with a disability
or handicap , his or her legal representative , or a provider of housing for persons with
disabilities or handicaps when the application of the county ' s land use regulations may act
as a barrier to affording such person ( s ) equal opportunity to use and enjoy a dwelling in
accordance with the law .
( C ) A request for a reasonable accommodation may include a modification or exception to the
rules , standards , and /or practices for the siting , development , and use of housing or
housing - related facilities in this Ordinance , that would eliminate regulatory barriers and
9 After conferring with the County' s Attorney office , regulations governing the review/approval of a daycare have
been moved to Article 5 . Land use standards - do not belong in a section intended to identify development review
processes . This section is being re- purposed to address a concern from the Attorney over making reasonable
accommodation for persons who meet Federal definition ( s ) of being disabled or handicapped .
10 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
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 obliqations 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
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
AAnpeals from the findings of the Board of Adjustment shall be processed in accordance with
Section 2 . 26 of this Ordinance .
2 23 . 1 AppIInaticiorrRequiTements11
1 An annlin Minn fur a rdnv r -ern renter in n rc� cirJc� nnc� fnr 2 tn_ i '� nhildrnn slaal e �J� hi
( A)
the p�Tin�rr..n� r nn fnrmc urn rTd. ed by the DIanninn rinnortmont
(87 pplinotinn forms s a be prepared ete+� r ill and enni irr+ te
`"' F' ` '`
nGh-rrarandsr�Tnc -cam- Fe diSnGIGSed .
laR that arlhnrnc to the requirements of Sent ! Gnc
onrJu� r 5 . 8 . 1 .
22212 Applinatien Review 12
thot the fapplirotin isGemnlata the Planning D ' reGtnr shall Ga ice a review
of the ennlinotiE)R to be made . The review h -� Ila T e neuter in In
i: es1 dens
rc�-crcTrc.
rev ew the applinotinn Will h � ��
2.2 . 32 . 23 . 10 U
( A ) If neRditienc are ottonhed to the approval they may address rdefinienniInc in meetinn
cnenifin nhapter ren , iirpj::Pent«A. rrt they TFRayaddress cnenifin
rJ ^ ir nern neuter in aTesidemne fnr `2 to 12 nhilrlren
( RIfGGa itinnc arlrl`r"ncJc cnnnifin imnontc WhiGhreci n nf�t.rhn�ha
( 2 ) ILnoGat .nonR of play - rue •
(3) jumbber of yehinlec to he parked OR the premi__ __r c s
( 4 ) The In rene area nr narking en the nreperty
r
ii As a reminder, part of this project was to eliminate unnecessary and redundant information . These
requirements are already referenced in Section ( s ) 2 . 4, 2 . 5 , and Article 5 . This is redundant information and is not
being included within Article 5 .
12 This existing language is already contained in numerous sections of the UDO . It is redundant information and
staff is not being relocated to Article 5 .
13 After conferring with the Attorny, staff is recommending deleting the entire provision and will not recommend
moving same to Article 5 . While previous comment ( s ) from Planning Board members and elected officials caused
us to reevaluate this recommended , staff and the Attorney believe the change is necessary to ensure legal
sufficiency in how other conditions for various land uses are handled .
Orange County, North Carolina — Unified Development Ordinance Page 2 -73
Article 2 : Procedures
Section 2 . 24 : Governmental Uses
-SGreni e nn to adeq lately careen the day rare renter in a r enre fnr 3 to 17 rhilrlren
14
2. 23 4 Annlina + inn Approval
LA \ If the appliGatieR ISnryneGVE9 Git nr With nr Wi + hni it GGRdifieRS , the DlaRRiRg flirt r shall
rl�yGaFe_rnnter in a resirlenre fnr 3 tn2rh�eR i -R r0n. ,rifermaRrn With the rent iirmments
and GRditiGRe set forth in the leer
( C ) EaGh letter shall be kept GR file by the P ! aRR ; Rg DiFGGtOr and shall GGRStitute t e appreval
fc) r the da 1 Ga � e-EeRter ; n a�ieTre fnr 3 to 12 rhitdren in ni iestinn
2. 2 . 5 Annlination D ll
If the atinn is d sl the DI nine Hirer + shall nntifli applinant of the denial and shall
n n rat E e r� f�-a--cr c Trr m r� vrr c�c�r��r�ktirrccrr rTrtLir crrta�rrrsn
state the reasons fnr denial in Writinn
v
Anneal Review
viewed arms sally by the�Planning-D�ireGt9*r-te assure r Mphanre with the standards of
eyalui iacrtinn fnr si irh farili + ies 15
c�ur
2 .. 2 . 6 Minor Change -49 Appreya4
a res�Rre fnr 3 to 12 children prGyided that the rhaRges are in harmnn + i With the ao + inn of the
ey all atinn as soeGifTed in Conlon 5 . 8 . 4 .
2 23 Ages On Operation
the
nrial Use Permit by the Beard of
Adis istment i Rder the r� snnvf SeGt@on 2 . 7 of this Ordinance
2 . 23 . 8 Anneals
The applicant magi appeal the n derisio n�f the Planning DiFeotnr + n the Board of L dj istTent� et
f e rtrer t h-r-i' R Se :2 �2 7
/ GOVERNMENTAL
2 . 24 . 1 Applicability
The following applie se land uses permitted within the Gov Uses land use
Cate e ailed within Section 5 . 2 .
14 Staff will be eliminating discretionary language for this particular land use .
15 Staff is concerned over requiring/allowing for annual inspections of a permitted use . We do not engage in
similar inspections for other similar permitted uses and do not believe there is essentially a need to do so for this
use .
Orange County, North Carolina — Unified Development Ordinance Page 2 -74
Article 3 : Base Zoning Districts
Section 3 . 8 : Conditional Districts
DIMENSIONALRATIO STANDARDS
CU
Dimensional and Ratio Stand s shall conform to
CONDITHONAL USE DISTRICT Maeequirements of the cor sponding general use
zonin district .
PURPOSE
The purpose of the Conditional Use ( CU ) D rict is to provide for unified de opments that accomplish the purposes of
applicable regulations to an equivalent or high egree than where suc egulations are intended to control unscheduled
development on individual lots , and to promote ec omical and effici t land use , improved level of amenities , appropriate
and harmonious variety , creative design , and a better vironm201isipecific
onditional Use Districts are intended to be used for
purpose of binding development to a detailed site plan wi a I ' conditions that insures compatibility and harmony
with surrounding areas .
APPLICABILITY
1 . The district shall be located in such manner as to be compatible with the cha ter of existing development of
surrounding properties , thus insun he continued conservation of building values an encouraging the most appropriate
use of land in the county . Ther re , when evaluating an application for this district , emp sis shall be given to the location
of the proposed developmen , he relationship of the site and site development plan to adjoin ' property , and the
development itself .
2 . The Conditional se ( CU ) development review process involves the development of a specific land e ( s ) on a specific
parcel of proper regardless of the current zoning designation .
DEVELOPMENTCU DISTRICT SPECIFIC
1 . CU allows for the development of any land use contained within Section 5 . 2 of this Ordinance even if such use is
not listed as a permitted or special use under the current zoning designation of the subject property .
2 . Certain uses are excluded from consideration as a CU . See Section 5 . 1 .43 ( E ) 16 for a list of uses that will not be
considered for a CU .
Non - residential uses are restricted based on the Watershed Protection Overlay District in which the pr y is
cated . Refer to Section 4 . 2 . 3 for land use restrictions .
4 . Th &eillit ' dential density permitted on a given parcel is based on the Watershed Protection rlay District in which
the proper ' ocated . Refer to Section 4 . 2 . 4 for a breakdown of the allowable de ( i . e . , the number of
individual dwelling t can be developed on a parcel of property) .
5 . Allowable impervious su area is based on the Watershed Protec ' verlay District in which the property is
located . Refer to Sections 4 . 2 . 4 . 2 . 6 for a breakdown of a lowable impervious surface area .
6 . For lots outside of a Watershed Protec verlay Dist
see Section 4 . 2 ) , the minimum usable lot area for lots
that utilize ground absorption wastewater syst all be 30 , 000 square feet for parcels between 40 , 000 square
feet and 1 . 99 acres in size ; zoning lots two es an ter in size shall have a minimum usable lot area of at
least 40 , 000 square feet .
7 . Within the Rural Buffer ( RB ) ng district , only the following types es shall be considered for a CU :
residential uses , instit al uses and professional services . Under no cir tances shall a CU be approved for a
retail or manuf ing /industrial land use within the RB zoning district .
8 . Any use itted as a CU shall conform to all applicable development regulations for t responding general
us ping district as well as the specific development standards outlined in Articles 5 and 6 of rdinance .
9 . II applications for a CU designation require the approval of a Special Use Permit , and the processing e
request shall be completed in accordance with the provisions of Section 2 . 9 of this Ordinance .
16 Proposed amendment is necessary to address a change in the numbering of the referenced provision from
Section 5 . 1 . 4 to 5 . 1 . 3 .
Orange County, North Carolina — Unified Development Ordinance Page 3111,71
ARTICLE 5 : USES
ESTABLISHMENT OF U�SEREGULATIONS..--.�-- ' �
Except as otherwise provided h on e use of land and structures are hereby
establi in the Table of Permitted Uses .
5 . 1 . 1 Prohibited Uses
Uses of land or structures which are Pet-expressly listed in the Table of Permitted Uses ( Section
IF
5 . 2 ) , but not denoted as Permitted Principal Uses , Permitted Accessory Uses or Special Uses in
Ia district, are prohibited and shall not be established within that district . 17
. 1 . 2 Uses Permitted As a Matter of Right
Within all districts the following uses are permitted as a matter of right :
Above ground and buried utility lines for local distribution of electricity , telep ne , and
IN IN
cable television service , accessory and appurtenant apparatus such as p s , guy wires ,
transformers and switching boxes .
It
( B ) inetized telephone and/or fiber optic equipment associated with e local distribution of
se es . Setbacks from the right- of-way for such equipment ma e reduced to 20 feet in
the Ag ' ultural Residential , Rural Residential and Rural Buffe oning districts provided
that the e uipment is screened from view by landscape ma rials .
( C) Bona fide far s .
( D ) Buildings and of r temporary structures used in co ection with the construction of a
permanent building . See Section 5 . 4 . 4) .
( E) Neighborhood utility fa ' ities located within a ublic right of way with the permission of the
owner of the right of way tate , City or To ) .
( F) Off street parking as a require access y use to a permitted use .
( G ) Public and private streets and roa I. Railroad rights of way .
( H ) Water and sanitary sewer lines as d liquid fuel distribution lines .
( 1 ) Telephone exchanges ( wit ut business fices ) , subscriber loop huts , pressure regulator
stations , water and sanit y sewer pumping tations . ( See Section 5 . 9 . 1 ) .
(J ) Electrical substation , switching and metering Is tions and associated transmission lines ,
where incoming v age does not exceed 100 kilo Its ( kv) . ( See Section 5 . 9 . 2 ) .
( K) Solid waste co ction facilities owned and operated b public agency for the purpose of
disposal of usehold waste by Orange County resident ( See Section 5 . 11 . 1 ) .
( L) Borrow Is ( including reclamation by landfilling ) associated ' th a State or Federal
high y project . ( See Section 5 . 12 . 1 ) .
5A 113 Specia ses
( A) It is the intention of the Board of County Commissioners to create , and\beuse
o time
amend , a list of Special Uses within the Table of Permitted Uses whichf their
inherent nature , extent and external effects , require special care in theeir
location and methods of operation .
17 The language is being modified to ensure consistency with Byrd versus Franklin . Prohibited uses are now listed
within the table of permitted uses and are not identified as being allowed for development ( i . e . there will be no
symbol indicating the use is permitted in various zoning districts ) .
Orange County, North Carolina — Unified Development Ordinance Page 5111, 1
Article 5 : Uses
Section 5 . 1 : Establishment of Use Regulations
The Board of County Commissioners is aware of its responsibility to protect th public
health , safety and general welfare and believe that certain uses which now in the future
may be included on this list are appropriately handled as Special Uses , ject to review
relation to general and specific requirements , rather than as uses p mitted by right .
( C) In a ition to the listing of such uses , the Board of County Commi ioners intends that the
genera tandards and the more specific requirements establis d herein , shall be used
by the Bo of Adjustment , the Planning Board and the Bo of County Commissioners ,
as appropria to direct deliberations upon application or e approval of Special Uses .
( D ) It is the express i nt of the Board of County Commi ioners to delineate the areas of
concern connected ' th each Special Use and to vide standards by which applications
for such Special Use s II be evaluated .
( E) Establishment of Classes f Special Use , Authority To Approve or Disapprove
There are hereby established t follo ' ng classes of Special Uses which shall be
approved or disapproved as sho
( 1 ) Class A - Approved or app ved by Board of County Commissioners
(2) Class B - Approve r disapprove by Board of Adjustment
5 . 1 . 4 Conditional Uses
( A) The Board /ageneral
Commissioners is mindful of its sponsibility to protect the public
health , safe welfare of the residents of Or e County and intends to
encourage ent within the County consistent with t t purpose .
( B ) The Boa of County Commissioners also recognizes that certa uses are appropriate for
devel ment in Orange County but their location and site develop nt specifics cannot be
/( D ) Permitted
ermined or regulated through the use of a general zoning distri designation and
ntional standards .
ional Uses and Conditional Use Districts are hereby established and s II be
ed in accordance with the provisions of this Ordinance .
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 ) 18 of this Ordinance .
(2) Permitted uses are subject to all general and specific standards of approval for
that use , as established within this Section .
Exclusions
Unless otherwise noted in Section 5 . 2 , the following uses all not be considered
approved as a Conditional Use District within the mmerciakIndustrial
Tran ' ' Activity Node or Economic Develop t Transition Activity Node land
use classi 1 ns , as designated by the pted Comprehensive Plan :
( a) Airports , Gen Aviatio eliports , S . T . O . L ,
( b ) Class II Kennels
( c) Commer ' eeder Operation ,
( d ) posting Operation with grinding ,
Crematoria ,
(f) Extraction of Earth Products ,
( g ) Junkyards ,
18 Updating of Section reference only . Staff is not proposing any additional modifications .
Orange County, North Carolina — Unified Development Ordinance Page 5 -2
Article 5 : Uses
Section 5 . 1 : Establishment of Use Regulations
b) Research Facility ,
( cc ) esidential Hotel ( Fraternities , Sororities Dormitories ) ,
( dd ) Sawmi ,
( ee) Stables , Comm I
(ff) Stockyards / Liv ock ts ,
( gg ) Storag Goods , Outdoor ,
( hh ) aste Management Facility ; Hazardous & ic , and
OR Wholesale Sales .
5 . 1 . 5 Key to Permitted Use Table19
( A) The Table of Permitted Uses applies the following symbology :
( 1 ) An asterisk M 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
Perm it-
. -
( 5 ) A ` C ' indicates the use requires the issuance of a Conditional Use Permit- , and720
( 6 €) A box with no symbols indicates the use is prohibited -for development within the
identified zoning district .
19 Staff is recommending the addition of a new section defining the symbols, and their meaning, proposed for the
revised Table of Permitted Uses .
20 Please note staff will be eliminating the Conditional Use Permit process in a future text amendment package
consistent with previous direction from the BOCC and County Attorney ,
Orange County, North Carolina — Unified Development Ordinance Page 5 -4
Article 5: Uses
Section 5 .2 : Table of Permitted Uses
SECTIONOF 1 USES
21
AGPra�
IAqk4wFal PFQGeGG Aq - - -
I A - - -
IGemmw F4 4y FaFmemt P lagial - - - -
IGQFAPG6VAg QpWallgAl AQffdP4iAff A
I A
I - -
I A
€ead nays
I - - - - -
I - - -
I A
9tables-6emmereial Y @ a 9
I
said �a�e €as a @ a a -
I -
I A
I - - - - - -
A A A A A A A A A R
I -
I wRiveFs - - - -
6e�a6++N:-Uses
21 Existing tables being deleted as part of this consolidation process.
Orange County, North Carolina - Unified Development Ordinance Page 5-5
Article 5: Uses
Section 52: Table of Permitted Uses
-�ftB6-F-SF-I 'ERIAI�F , l;"•�r .-:+:-�,ai-l�.�f-IANtNr+lltls-lfl�C%�.
Fim144E-L ll:si=- - -A- s-A :wt-r,,AL Ij
ggay4y 9 BaFbw Shop&
M011A IR T�AAWM -
RIFIRFRI HAFRP9 - -
duakyards A A A
i1�a66aQB�--�H6{PB66-0i _ _
8 a 8 8 a
R{�OaWaR46 ; GaRy gyi
Ftes4ausais:-66aecal _ _ _ _
Retail-Class2
Retail-Glens 9 _
8 8
A A
- -
- - -
- _ - - - -
a - - - - -
3eWASt--Herne - - - -
Whelesale-�ca�s" - - - - - -
- 8 8 8 8 8
uses
A A A A A
Orange County, North Carolina Unified Development Ordinance Page 5-6
Article 5 : Uses
Section 5 .2: Table of Permitted Uses
=ANawed asm
6�E-1ls�s
ladusidal.-EigtN-" - - - - -
lREJUG44 , Medium
REHY -
IAEeis,�E-UsEs
- - - - -
62�Reireat-6eNtec � � �
- - -
haAss;-RUN! - - - - - - - t
8 888 8 $ - $C 4494rse A A A A A A A A A A A A A A A
-
- - - - - - -
Orange County, North Carolina - Unified Development Ordinance Page 5-7
Article 5: Uses
Section 5.2: Table of Permitted Uses
-
6reup•6are-GaEility 8 8 8 8 8 $ JAA
and
� , A A A
aiLG60MMHNFG4iiBN6
$ $ a $ $ a $ a 8 $ $ 8 $ $ 8 $ $ $ $ $ $
A A A A A A A A A A A A A A A A A A A A A
ita�aea�ar-Lacs
@4k4d ge-Reaaa4e $ 8 8 $ 8 $ 8 8 8 8 $ 8 $ $
- - - -
- - -
- - -
- -
- - - - - - -
- - - - -
- - -
- - -
- - -
L
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 A A A
StatiBAG ,
a a a a a a a a a a a a s $ $ $
a a a a a a a a a a a a s tA
$ $ a a
A A A A A A A A A A A A A A A A A A
Orange County, North Carolina - Unified Development Ordinance Page 5-8
Article 5: Uses
Section 5.2: Table of Permitted Uses
WA6if-M}ANA6EME+FT
A A A A A A A
a a a
A A A
IWsssu.�cous
Assesswy Uses - - - - - - - - - - - - - - - - - - - -
A A A A A A
- - l
Gaw*"
Ghursh - - - - - - - - - - - - - - - - - -
. . . . . . . . . . . . . . . . . . .
_ - - - - - -
6ssArfleAiEy-Ge�ter 8 8 8 8 a a $ a a - - - -
Gre4aate>sia-� - - -
A A A
Kennels , Glass 1 - - - - -
Floral-Lieatage #4eseum $ $ 8 8 a
Orange County, North Carolina Unified Development Ordinance Page 5-9
Article 5 : Uses
Section 5 .2: Table of Permitted Uses
,
sStAr
o 2 QW)
AsaLsrs
ARiFRal
6k 6k -
xeaaei,-6tass-1 ;# -
14eaael, Qacs-u g ig
CeNs�usaai
I loll
eaaFraeEefs Weal, - -
F "
- - - -
;;BE! eslawagemsand
- - - -
- -
- - - -
- - - -
ocGtG; @2i
lRtssMa!IGP (Sestes-5ti
Orange County, North Carolina - Unified Development Ordinance Page 5-10
Article 5: Uses
Section 5 .2: Table of Permitted Uses
WR4A -$pe-kii
Hauseheld
Fabricated Metal PFGdIdGt&4&ee4i6W@4)9kAY)
_
waasbiaes
94tP4R*sal6 - -
- -
PAUFes
- -
Orange County, North Carolina - Unified Development Ordinance Page 5-11
Article 5: Uses
Section 52: Table of Permitted Uses
Plate ; T-hS WIIlGb9FGH § h F; I)Q A r «�F PI - .hR.SRg-PRfiRP4 GlustFy riass
- -
te - -
SY 6
Glass aAd qlaGswara
- -
�, -
- -
- -
Res�aeN
A#s-
SWw�iliag-siaQ4e-faw�ilY -
^ef-asie-is-tire
G4
Orange County, North Carolina - Unified Development Ordinance Page 5-12
Article 5 : Uses
Section 5.2: Table of Permitted Uses
PUFF"
131HeRt-6ai26 6# 6# -
yghiGle
61F 6
G
6# 6# -
SFAMIBE&
IAWphategFaphie studies C4
6
CpyFGpgs
G04b4e6eee
GeramealEyseNteF A A A A
92y-bare-f8sifiiy � � -
Orange County, North Carolina — Unified Development Ordinance Page 5-13
Article 5: Uses
Section 5.2: Table of Permitted Uses
Fuaer�l-keraes C4 C#
I - -
I - - -
- - -
QRd
I �eIA - - - -
I RdeeFe� - - - -
I - - -
I
see�eat eaa tae wea -
I s4 G#
I -
A A
�ee� Iregagesral C4 Q#
- -
I@US WFMiRals and gaFagii6 s# -
I - -
- -
goal SuGh as mass k@RS4 OF pad�-
I
;AfHAI-Pq.A.t-�
I
Orange County, North Carolina — Unified Development Ordinance Page 5-14
Article 5: Uses
Section 5.2: Table of Permitted Uses
Rg
-PhPFMPQQ
-
- -
- -
M�eus
Aeseeaesy-uaee - - - - - - - - -
9 9 4;
@ 9 -
A A A A
A A R A L
-
Sewers 8 � �
SOW AFFay 6aFgs Fee*
8 9 9 a
A A A A
- - - - -
Orange County, North Carolina - Unified Development Ordinance Page 5-15
Article 5: Uses
Section 5.2: Table of Permitted Uses
MMGMMMth8adGMq
8d by
I I ot' ;=I R A� h 4 , �#�A :� 4" � M. .�4
AGRiow6T6RA64sE5
Fg6;66t0aR GeRteF -
F�taFe
FRoGI MIM
GGMMBF64LiWages
F;GhBeIR , VeRetlQ44 -
fs9MMEREMbl�6E5 -
✓:�E4k�Fy-�-�af�aF-�8�6 _ _
aiRR
Orange County, North Carolina — Unified Development Ordinance Page 5-16
Article 5: Uses
Section 5.2: Table of Permitted Uses
i'i&I4Q-Ra 4.
I �6 -
I
Hela{sR-0.letels -
I
I �
KARR816rNa6✓1 -
IKGRRGIG , QRGG 11
I
I
M as6ags , RU61se66-49
Immtal P:QI4AQwiRR &4GR -
N gWG'UbG Bars-Rai3s
I
I
I
RaPa4-sa
I Remit
ReAta ArS%- ;R
Resial- FaRIAM GRF;8FaI
Re, 4
I -
I R,etau;sras&a -
I R —
IRIOPI GdPAt — —
I - - -
Sterage er GGOdS,
n -
I - -
I
G
Orange County, North Carolina — Unified Development Ordinance Page 5-17
f
i
r
I
h
r
r
c
C
R
i
Article 5: Uses
Section 5.2: Table of Permitted Uses
it r
i6w 01
. 3keaswe-Riau
- -
ExraAsnvsJJsss
Gases PF9dUGtG - -
lNdesiaa6adeavy -
Jadusltial--A4edlaaa -
- -
PORIiRg & lJth9gFaP4y -
1-Aaeq, PFedasFiea-eaty - -
M&MGw-Uacs
- -
VMGOR2F�r WGSP t -
RssrUsss
Perlis - -
Pesreal;eaa4Fasili0es -
Orange County, North Carolina - Unified Development Ordinance Page 5-18
I�
Article 5: Uses
Section 5.2: Table of Permitted Uses
GeA-Ceurse - -
H+e - -
8we4y -
€amity-Gars WGM9 `
6FOU Pere FHG; xy -
ageRiiaQ-k{ey66 I
M
T�ElE69M 1116Ai76N6
�RA/16PBRF#jiOM
A4G! GP 99eight TermiRalE -
liril.a�S - '
Orange County, North Carolina — Unified Development Ordinance Page 5-19
Article 5: Uses
Section 5.2: Table of Permitted Uses
- -
errs
- - -
6ar�eteq
68MnwRit)0 GeeEec - -
Ctea -
a If8FFRaFiea-ESest&F,&4 -
Re6� -
IFUFal HeA4a@e Mwsewm
FWFaI SPSGial gvef4& -
o�
zz As previously identified by staff all 3 existing table of permitted uses (Le. 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
Section 52: Table of Permitted Uses
TABLE OF PERIVIMED USES
• r
24
GENERAL USE ZONING DISTRICTS Ecot4omic DEVELOPLIENTDisTRicTs CONDUTIONAL ZONING
LISETYPE
• . : . :
AoRICULTURAL USES
1 Agricultural Processing Facility =A 'A
Agricultural Processing Facility,
Community ^ -� _A _Q _Q
Agricultural Services Uses '
4. Cold Storage Facility A =4 ,A IA =9 =A
;i Community Fanners' Market 'Q =A
Composing Operation, as A . A
zs with gAnding A
7 Cooperative Farm Stand 'A
8. Equestrian Center A 'A
Farm Equipment Rental, Sales
and Service
10 Farm Supply Store =Q 'Q 'A 'A 'Q
11 . Feed Mill =9
Greenhouses with On Premises
Sales 'A =4
— — — — —
33 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.
z' Please note it is staffs Intention to seek authorization/guidance on the consolidation of existing zoning districts in preparation for a future UD text amendment.
zs After conferring with the County's Attorney office, it was determined the use of symbols to denote development opportunities/constraints (i.e. uses prohibited for development through the Conditional Use permitting process or allowed as more than 1 principal
use on a bona fide farm) would not meet legal sufficiency and could create confusion. Symbols, from here forward, shall only be used to denote the review/approval process of a given land use. Staff will be adding language in Article 5 spelling out these
allowances/limitations for each individual land use.
26 At this time staff is not anticipating any major changes/modifications to these land uses. A question has arisen on the need to include 'Crop Production — Not an a Bona-Fide Farm' in the table. Staff does not believe it is necessary at this time.
" In reviewing the table with the County's Attorney Office it has been suggested we number individual land uses to provide additional clarity. j
13 Refer to Footnote 19 for explanation.
zs 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
I'
I
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERmrrrEo EFdEfi,?L-Un - ��
PERmrrrEo USE I , A = CLASS A SPECIAL USE B = CLAssBSPECIAL C= CONDMONAL USE (REZONING & CLASS A SUP)
GENERAL USE ZONING DISTRICTS" EcoNomic DEVELOPMENTDisTRICTS ConornONAL ZONING
USE TYPE 3
• • • r • r r r r r • • • r • .
r
25
13 Meat Processing Facility,
Community ' - - - - - - -
14 . Meat Processing Facility, A _A
Regional -
Non-Farm Use of Farm
5 Equipment ^
16 . Stables, Commercial - B B B B B B
17. Stockyards / Livestock Markets a
— A
CN144i-CARE & EDUCATIONAL FAciurry Uses+E6'0, 'r
Center In a Residence heF2 to
18 . 9R32 =A =A =A =A =A =A =A 'd 'A 'A -A rA '0
19. Child Care Facilityies B B B B B B B B B 'L 'A 'A 'A 'A 10 B_a B_ _
20. Wbcadea brary34 '
A
Schools: Daase-Aa 8
21 . A14 ; GPedormine re Ans�Scans , r '
and Recreation
�' ^^ ^ A A �A39
22. Schools :geseRdayPreoaratc rv�8���� A A A A A A A A A A '
3° After conferring with the County's Attorney office, staff is eliminating the word 'child' to ensure the category encompasses both 'adults' and children'. This is also part of the direction staff has received to consolidate land uses where possible to avoid a
complicated, exhaustive, table of permitted uses.
31 In order to avoid confusion, staff is no longer recommending we re-organize the proposed table, and applicable land use development standards throughout Article 5, alphabetically. Both staff and the County's Attorney office believe this will create unnecessary
confusion for those reviewing the document. Staff will be completing a future revision to re-organize use categories and regulations alphabetically after action to adopt the revised table has been taken by the BOCC. This will also allow staff the opportunity to work
with Planning Board and BOCC members to simplify/modify/update existing land use regulations.
32 Staff is recommending eliminating references to 'child care' and allowing for care of children, adolescents, and adults as part of this existing land use category. Language is being added to Article 5 to address distinctions, where necessary, and required amenities
for the care of a broad spectrum of client. This is being done consistent with direction from BOCC members to consolidate, where possible, similar use types to simplify the table and eliminate redundancies.
33 Staff is recommending we modify the table and allow for 'Care Facilities' to be permitted by right within the EDB-1 and EDB-2 zoning districts consistent with the Eno Economic Development district.
34 There is no need to refer to a use type in the 'plural' sense. As a result, staff is editing existing language.
36 Staff is recommending the land use be eliminated. To our knowledge we have no such uses in existence and are unsure what the intent of the use was when created.
36 Staff is proposing new terminology and definition to expand the use type to include additional activities such as art, music, dance schools, karate studio, etc.
3/ 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
h
r
i
�l
Article 5: Uses
Section 52: Table of Permitted Uses
TABLE OF ' USES
CONDITIONAL (REZONING
GENERAL USE Zot4iNGDISTRICTS 24 Econoroic DEVELOPMEnT ■
USE TYPE I
""-#levee _
Schools: Lec-at anafTechnical
23.
— Trade. and Skill Traininc — — — — — —
24 Schools : Universities, Colleges _ a A . A _A _� _p _' _ ;� •_p _4
&-tas9iWes A A car — —
ExTRACnVE USES 'Z
25 . Extraction of Earth Products '' A A A A A
Government Uses
Government Facilities and
Office Bui Id in Exg� ce of as - 45 as
Identified Herein
Z Detention Centers■ ..
Military Installations
261B1 . {Alatieaal- ard�. =� =11 -11 =�
&ssewaAuaaa}}av — —
Manufacturing, Assembly, aA4- Processing, and Distribution Uses — Food 50, 5'
3B The proposed use category would include pre-school to 12v' grade.
39 Staff is recommending modifying existing allowances to require the issuance of a Class A SUP for a school in the EDE-1 general use zoning district to ensure consistency throughout the UDO with respect to the permitting of said use.
10 The proposed land use category would Include a community college, trade school, continuing education classes, etc.
" 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.
" The next use category in Section 5.2.1, the existing table, was 'Commercial Uses'. As the Board is already aware, land uses within this existing category are now located, respectively, within the proposed new 'Office', 'Retail' and 'Services' use categories as
identified herein.
43 The current definition of this land use does not permit the processing of materials 'beyond incidental mechanical consolidation orsorting to facilitate transportation to the site of use or location of furtherprocessing'. 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.
" 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.
♦5 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.
" 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.
47In 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
'B Staff has always viewed this use as a 'government facility'. Staff is recommending limiting where such a facility can be developed within the County as indicated herein.
49 As with several other land uses, it is likely a military installation is exempt from local land use regulation(s).
50 Staff is proposing to merge the existing 'Manufacturing, Assembly, and Processing' land use category from the Economic Development District (EDD) tables (Section 5.2.2 of the UDO) with Section 5.2.1. The existing land use category contained in Section 5.2.1,
especially those referencing allowable manufacturing/industrial land uses, is not very well defined. Staff has added uses consistent with the Planning Board and BOCC review of amendments to the Hillsborough EDD districts in the fall of 2016
51 Staff is proposing to break down land uses in the Manufacturing, Assembly, and Processing land use category to 'Food' and 'Other'. The rationale behind the recommendation is to provide clarity to the reader and avoid unnecessary confusion.
Orange County, North Carolina — Unified Development Ordinance Page 5-23
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMrrrEo USES
?6?ic-O;sFH4s'
PERMrrrED USE
III Of ; • (REZONING & CLASS A SUP)
USETYPE
GENERAL USE ZONING DISTRICTSL ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
Manufactudna , Assembly,
27. Processing of Food Products A53 sr - Gs.5 A
Except as Identified Herein
Animal Feed '
Preparation,
27 (A) . Manufacturing . _
Packaoina . and
Distribution
Animal Slaughtering
27 ! Bl and Processing ,
Packaoina . and
Distribution
27 ( C ) . Microbrewe�yi 88 =d 'd =A =4 d e e n =g =.�
Seafood Preparation ,
27 ( D) . Packagino , and '
Distribution
Starch, Vegetable
27 ( E) Fats and 011s
Manufacturing
Tobacco Processing .
Preparation ,
27 Fl. Packaoino , and
Distribution
27 fG1 WinegS�re�ustie� B B 'A '0 -WL 'L d A 4 =L ''A
Manufacturing, Assembly, anti-Processing, and Distribution Uses — Other
52 This new use category 'captures' existing uses listed In Section(s) 5.2.1 and 5.2.2 respectively. Per BOCC guidance, and recommendations from the County's Attorney Office, staff is no longer recommending an exhaustive list of land uses within the revised table.
We are only recommending those uses that are only going to be permitted in certain districts or are going to be prohibited (i.e. no symbol denoting use is allowed in a district).
53 Staff will be recommending size limitations (10,000 sq.ft. building size) and use limitations in Article 5.
54 This Is denoted as a text change as we are 'breaking out' manufacturing operations into new categories. Current regulations do not provide sufficient detail on what manufacturing operations would be allowed in these districts so it Is being denoted as a text
change.
ss Staff is recommending adding language allowing Manufacturing of Food products in the EDB-1 and EDE-2 zoning districts subject to a building size limitation.
55 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.
n 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.
59 Staff combined Winery (production only, with minor events, with major events) Into a single land use category with language providing the necessary distinction as to what can and cannot occur In each individual zoning district.
Orange County, North Carolina — Unified Development Ordinance Page 5-24
Article 5: Uses
Section 5.2: Table of Permitted Uses
(REZONING & CLASS A SUP)
24
GENERAL USE ZONING DISTRICTS EcoNomic DEVELOPMENT DISTRICTS CONDITIONAL ZONING
USE TYPE
eeHsa-5-a,-> ( FE)
6ee-Seetiew6 2
Manufacturing . Assembly, and
28 Processina of Other Non- Food A A A A
Products Except as Identified - — - - -
Herein�
Chemical
Manufacturing and
28 (A) . Processino
Pharmaceutical and
Medicine
Chemical
Manufacturing and
28 ( B) . Processina — Other
than Pharmaceutical
and Medicine
Concrete Processina ,
28 C . Preparation, and '.
Distribution
Converted Paper
Product
28 ( M . Manufacturing .
Assembly, and
Processing
Firearm
28 ( E ) . Manufacturing and
Assembly
28 ( F ) . Foundries
Leather and Allied
281G1 . Producte _ -
Manufacturing
Leather and Hide
28 H . Tanning and
Finishing
59 This new use category 'captures' existing uses listed in Section(s) 5.2.1 and 5 .2.2 respectively. Per BOCC guidance, and recommendations from the County's Attorney Office, staff is no longer recommending an exhaustive list of land uses within the revised table.
We are only recommending those uses that are only going to be permitted in certain districts or are going to be prohibited (i.e. no symbol denoting use is allowed in a district) .
60 As with 'food manufacturing' staff will be recommending size and use limits for the El and Il zoning districts.
Orange County, North Carolina — Unified Development Ordinance Page 5-25
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERmrrrED €_i�4kE-,St3NMltl48a":r'
(REZONING & CLASS A SUP)
GENERAL USE ZoNinG DisTRicTs?4 EcoNomic DEVELOPMENT DISTRICTS CONOMONAL ZONING
28 ( 1 ) Metal Fabricul, , ,
Ammunition
28 (J ) Manufacturing .
Packaging , and
Distribution
Paperboard
containers and bores
28 ( K) Manufacturing ,
Assembly and
Processing
Petroleum and Coal
Product Processing ,
28 L . Preoaration and
Distributionsr
28 ( M) Printing and
Lithography
28 fNl Pulp . Paoer, and
Paperboard Mills
Research aaA
Z Facility with
28 O . Manufacturing
Fas
N
28 P Recvclino of
fvl ate ri als
28101 . Sawmills' G-
Medical Uses
c. This would include refineries, asphalt plants, asphalt paving/roofing materials, lubricating oil/grease manufacturing, etc. Staff is not currently recommending the uses be permitted .
Given the nature of the land use, staff is recommending it be moved to the low intensity districts (EDB-1 and EDE-2).
63 This Is an existing land use that staff Is not recommending any changes to.
Orange County, North Carolina — Unified Development Ordinance Page 5-26
Article 5: Uses
Section 5.2: Table of Permitted Uses
CONDITIONALTA13LE OF PERMITTED USES
E •
u
Medical Uses Exceot as
29. Identilied Herein 64 4 4 Q d '
29 (At. Hospital
29 ( B). Veterinary Clinic R
$ S
Veterinary Hospital 6 .666 A-'
Office and Financial Services Uses 67
30. Office and Financial Services 4�
Except as Identified Herein — — — - - -
Buildino/Trade
Contractors Office
30 (Al. vdth Equipment - - - - -
Storage Yard70
30 ( B) Pawnshop or Payday
IgaIl
Research Facility —
30 fC) Without �-
Manufacturino
Recreational Uses
64 Current standards limit the sizes of 'medical uses' to buildings under 10,000 sq.ft. and over 10,000 sq.ft. Staff will be recommending standards in Article 5 only permitting Medical Uses within the LC4 and NC-2 zoning district(s) that are a maximum of 10,000 sq.ft. R
in size. Within the remaining districts, size limits on buildings will be based on compliance with applicable dimensional standards.
6s Staff is recommending we treat the use the same as EDE-2. Staff does not see a reason why It should not be permitted within EDB-2 as well.
66 As with Veterinary Clinics (footnote 41) staff is recommending amendments to ensure consistency between the Buckhorn and Eno Economic Development Districts,
67 This use category combines 'Offices and Personal Services' from the Commercial Use category in Section 5.2.1 and the 'Offices' from the Services Use category in Section 5.2.2 and combines them. !
66 .I his new use category would include professional offices (i.e. realtor, attorney, engineer, etc.), financial services (i.e. banks, insurance agent, etc.), building contractors without on-site storage, etc. it does not include health/medical services, which are captured
under a separate land use category.
69 As with other land use categories, staff will be incorporating existing standards governing development of professional offices in various zoning districts. This includes square footage limits (LC4 and NC-2 will have a max limit of 10,000 sq.ft, for structures) as well
as use limitations. This might include bans of drive-thru facilities in certain zoning districts.
70 Staff is recommending the creation of this distinction to limit where contractor's office requiring on-site storage of equipment can be located. As recommended, they would only be allowed in the most Intensive non-residential zoning districts.
Orange County, North Carolina — Unified Development Ordinance Page 5-27
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMrI7ED USES
(REZONING & CLASS A SUP)
GENERAL USE ZONING r DISTRICTS
• • : • : • • • r • • • • •
` '25
Botanical Gardens &
31 . Arboretums '
32 . Camp44etreat_r� B B B
33 Golf Course A A A A A A A A A A A A A A A A A =71
Golf Driving and Practice
34 , Ranges B '
Guest Ranch7235,
36 . Parks. RE:hl:e ,
37 Race Track Facilities " —
38. Recreational Facilities 8 B 8 8 B B B B B B B B B B '
74
Residential Uses
9 Campground 11
414 Dwelling ; A4ebilg Manufactured
0 . Home
71 Staff is recommending this use be deleted from being permitted within the HP-CZ zoning district.
7z The County's Attorney office still has concerns over this land use. Staff is continuing to review the matter.
71 Please note this land use category included motorized (i.e. race car, go-kart, etc.) or animal (horses, dogs, etc.) racing activities.
` Staff had originally included this use to address sweepstake business operations. The County Attorney office has expressed concern(s) our listing of the use in the table could create a conflict with State law, which currently bans these types of uses. To address the
concern, staff is recommending deleting the use as reported at the March 6, 2019 Planning Board meeting.
J5 Use has been moved to the 'Assembly' land use category.
16 The recommendation is that this be changes from a Conditional Use to a permitted use to ensure consistency with the various economic development districts.
77 Staff Is Including this language to ensure consistency with recent changes In the UDO allowing for the development of a Home Park with recreational vehicle spaces.
Orange County, North Carolina — Unified Development Ordinance Page 5-28
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k
i
Article 5: Uses
Section 52: Table of Permitted Uses
TABLE OF PERmrrrED USES
PEnmrrrED USE A = CLASS A SPECIAL USE B = CLASSBSPECIAL C= CONDITIONALE •
GENERAL USE ZONING DISTRICT S14 ECONomc DEVELOPIAUrr DISTRICTS CONDITIONAL ZONING
. • . -
-
4414
Dwelling; Multiple Family28 d- 4=
77
42
Dwelling; Single-Family '
4&` Dwelling; Two-Family
43
4r. Family Care IdemeFacili
45
Group Care Facility B B B B 8 B 8 B BB 8 B B B B e �=
494 Group HomeBO B 6 8 B B 8 8 8 B B B B B B
6.
49. Health and Personal Care =
47 Facility
9 Recreational Vehicle 83 '
RehabilitatWe-QaFs FaaiFy84 - - - - - - - - -
FrL. le A A A A A
Re4igieus-9earters-
524 Rooming House
9 .
52- Temporary Use of Residential e d e d d d d Q d 9 9 Q Q
50
AUTOMo7NE/TRANSPorrAriom USES
545 Aimorts, General Aviation. A A A A
1 . Heliports , S .T.O. L� A
" 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.
" Changing nomenclature to be consistent with how the term is defined.
80 This Is a new land use category, intended to address situations where 7 to 15 people desire to live together but that living situation does not require a State license to operate. This disconnect we have now is that an 'unlicensed' Group Care Facility can go virtually
anywhere based on the new construct of the table of permitted uses. This new land use category addresses this issue.
er A proposed new land use Incorporating nursing home, assisted living facilities, etc. Staff is recommending the adoption of new land use development standards in Section 5.5 and a new definition in Article 10.
82 Originally, a Rehabilitative Care Facility was permitted within the LC-1 general use zoning district. Staff has recommended deletion of the use as being inconsistent with the overall intent and purpose of the district as currently defined in the LIDO.
83 Staff is specifically listing this use in the table to properly denote where same is allowed to be located.
" Rehabilitative Care Facility is an existing land use staff had originally recommended keeping in the revised table. Now staff is recommending it be included within the Heath and Personal Care Facility use category.
e6 This use is recommended for deletion. Staff and the Attorney determined the use conflicted with other defined residential land uses. Those desiring to develop a Dormitory, Fraternity, or5orority will be treated like a multi-family residence.
86 Temporary Use of Residential Mobile Units are regulated in accordance with the provisions of Section 5.4.4 of the LIDO. Staff is recommending making specific reference(s) in the permitted use table.
87 Moved from the Miscellaneous use category from Section 5.2.1.
Be Staff has highlighted the residential districts to denote the are recommended for deletion. After conferring with several BOCC members, it has been determined the land use should only be permitted within the identified Industrial zoning districts.
Orange County, North Carolina — Unified Development Ordinance Page 5.29
I
If
f
Article 5: Uses
Section 5.2: Table of Permitted Uses
(REZONING & CLASS A SUP)
GENERAL USE ZoNiNG DISTFIECTS74 ECONOmic DEVELOPMENT
USE TYPE I -
CZ] CZA
—Mlewedasarere s,25
6-5- Bus and Rail Passenger ,
52 She ltet
Bus Terminals & Garage A- A- A- =A A-
53 — — — — —
Motor Freight Terminal — A= A' A- Al �- �- A-
5a — —
68 Motor Vehicle: Maintenance a .A -A -A
55 a — -
59- Motor Vehicle: Repair Garage 92 ,
-A .A
s6 — —
576 Motor Vehicle: Sales / Rental 6- 'A 'A -A -A -A -A -A A
— — — — — — — — h — — —
586 Motor Vehicle Service Star GR6 • A =A -A 'A 'A
62- Parking ,
59 Aa-RsiasiPall,lsa94, -
63
60 aad-BEAWPpr- ' 97
6¢ Postal & Parcel Delivery Service
Retail Uses
89 Staff has added language from Section 5.2.2 referencing the development of 'Rail' passenger shelters as well as 'bus passenger shelters'. The term 'and Rail' is highlighted as a change as we are combining 2 existing land use categories into 1 central category.
90 Staff is recommending this become a permitted use of property consistent with the Economic Development Eno High Intensity District as well as other general use zoning districts.
93 Strikethrough text reflecting County Attorney comments and staff decision to provide for greater distinction between the existing motor vehicle land uses.
92 A repair garage involves fixing 'the guts' of a car.
93 This land use will now be considered a 'gas station'.
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 S.
95 Staff is eliminating language referencing this as a principal use as it is self-evident given its listing in the table of permitted uses.
96 Staff is recommending a definition for this activity to clarify what is allowed.
97 This land use was moved out of the automotiveltransportation category to the Services land use category.
99 Staff is recommending the following definition of this term : The delivery of parcels, packages, orhigh value mail as single shipments.
s9 This is going to combine the 'Commercial' land use category contained in Section 5.2.1 and the 'Retail' category contained in Section 5.2.2 of the UDO.
Orange County, North Carolina — Unified Development Ordinance Page 5-30
Article 5: Uses
Section 52: Table of Permitted Uses
TABLE OF PERMITTED USES
DISTRICTS"GENERAL USE ZONING
DISTRICTS
2
6F Retail Uses Exceot A
62 as Identified Herein 100 1IM A JAI A I A 6462 - - - - - - -
Country Store'02 A A � A=
SERVICE USES
946 Service Uses Ex.1W1 as
3. Identified Herein
Body Art (Tattoo.
63(A). Body Piercing, etc.) _
6463 Car Wash '
L - - - -
6iflc22 Cemetery B m B B B B B B B
-6663 Crematoria i05
66633 Eating and Drinking A A G=
u Establishments A A A A 4 A a A A A A
Funeral Home A A tAOB A Se' G# g� -
69
63 (G).
Garden Center A A A A A '
— — — -
6663 Massage Business A A
LEL
Short Term Rental
Small - Host A A A
Occupied - - -
100 As currently envisioned, there will be general development standards for retail uses eliminating the need to list outspecific 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.
1131 Staff will be recommending size limitations on buildings within the LC-1, NC-2, and EC-5 zoning districts consistent with existing regulations.
102 Staff is recommending the use be allowed to remain to avoid potential Impacts to previously reviewed/approved agricultural service amendments.
103 This is an all-encompassing category that will allow grooming services (i.e. beauty/barber shops, day spa, etc.), personal services (tailor, laundry, dry-cleaning, etc.) and other personal service uses.
104 A cemetery Is current listed as a 'permitted use' of property within the AR general use zoning district yet it is required to obtain a Class B Special Use Permit in other residential districts. Staff is proposing to amend the table and require a Special Use Permit for a
cemetery, as a principal use of property, in the AR district.
'Is Existing land use under the Miscellaneous land use category being moved.
1N This is intended to take the place of 4 existing 'Restaurant! use categories and the 'Nightclub, Bar, Pub' use category from Section 5.2.2. Article 5 is being modified to establish size limits, regulations governing the type of facilities within various districts, etc.
107 Staff is modifying existing regulations to ensure there is a distinction between were on-site crematoria facilities will and will not be allowed.
102 Staff is proposing to allow a funeral home with on-site crematoria facilities to develop In the Identified industrial districts.
Orange County, North Carolina — Unified Development Ordinance Page 5-31
Article 5: Uses
Section 5.2: Table of Permitted Uses
• (REZONING & CLASS A SUP)
USETYPE
GENERAL USE ZONING DISTFIICTS21 EcoNomic DEVELOPMENT DISTRICTS CONDITIONAL ZONNIG
Short Term Rental
6663 Larcie — Host A A
!1 Occupied
Short Term Rental
Non Host Occupied -
§663 JunkyarcVSalvaca A A A
LLI. Yard
-6663 Kennel Class II B B B B B B B B
(MI
Petroleum Product
Storage And
" Distribution 10
6663 Sexually Oriented
L) , Businesses
3 Storage of Goods " ' 'A 'A ' A A ' 'A 'A A d
6663 Taxidermy A- A= A= A- L=
- - -
TELECOMMUNICATION USES
67-6 Telecommunication Tower (75 -A -A -A -A -A _A =A -A -'A -A -A -A -A =A =A :A 1L -ALA _A -p -.A -p
4. feel or shorter) — — — — — — — — — — — — — — — — — —
64- Telecommunication Tower
(Over 75 feet to 28g 449-94ess 8 B 8 B B B B B B B B B B B B B B B B B B B B 0 8
65 than 200 feet in helgWTT"
686 Telecommunication Tower (200 A A A A A A A A A A A A A A A A A A A A A A A A A - -
6 . feet and higher)
Ham Radio Towers 113 A A A A A A A A A
lfmLmlES'"
3°9 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.
310 Existing land use moved from the Automotive and Transportation use category to the Service category.
111 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.
111 Modification of existing language to ensure consistency. Specifically what 'height' of tower has to be permitted through the various review processes (i.e. staff review, Class B Special Use Permit, Class A Special Use Permit).
113 New language being proposed in an attempt to address the development of private ham radio towers on residential properties within the County. Height limit recommended is consistent with existing allowances within State law.
Orange County, North Carolina — Unified Development Ordinance Page 5-32
Article 5: Uses
Section 5 .2 : Table of Permitted Uses
CONDITIONALE •
GENERAL USE ZONING DISTRICTS24 EcoNomic DEVELOPMENT DiSTHICTS CONDITIONAL ZONING
USE TYPE
— F)
u
68 Elevated Water Storage Tanks B B B B B B B B B B B B B B B B 8 B B B B ns 8 '
Public Utility Stations & Sub-
7-2- Stations, Switching Stations, A A A A A A A A A A A A A A A A A A A A A A A A A A `
69 Telephone Exchanges, Water &
Sewage Treatment Plants
73- Electric, Gas, and Liquid Fuel B B 8 8 8 B B 8 B B 8 B B B B B B B B 8 B B B '
70 Transmission Lines
7. -. Water & Sanitary Sewer
71 Pumping
'� SolarAray — Large Facility B B B B B B B B B B 8 B B B B B B B B B 8 B B `
72
' SolarAray — 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 `
73
WASTE MANAGEMENT USES
74 Landfills (2Asres oFMsre y A A A LA A A A
" 6a S B S S B
73. Waste Management Facility, A A A
75 Haaatdeug ° ToxiG—
Wholesale Trade Uses '"
7A. Wholesale Trade el_8ara9fe 119
Assembly Uses
114 Staff is keeping regulations governing the development of 'utilities' the same for the time being. We are working with the Counq/s Attorney Office to ascertain ff we are, in fact, pre-empted to require local permits for activities regulated by the State Utility
Commission.
11s Staff is recommending changing the review process within the EDH-4 and EDH-5 general use zoning districts to be consistent with the review of similar projects in other Economic Development general use zoning districts.
116 Staff is recommending these land uses be combined with new language added in Article 5 and require approval of all landfill operations through the Class A Special Use Permit process.
11'! Staff has collapsed this use category, which originally had approximately 12 to 14 individual land uses Into a single land use category,
11a Originally, staff had recommended gland uses, specifically Wholesale Trade of Durable Goods and 'Wholesale Trade of Non-Durable Goods'. After meeting with the County Attorney, these will now be combined into a single land use category. This was approved
by the Planning Board at its March 6, 2019 regular meeting.
139 Staff is recommending the uses be permitted within the EDH-4 and EDH-5 zoning districts.
120 This has been combined into a single land use category called 'Wholesale Trade of Goods'. Staff is no longer recommending a distinction between durable and non-durable goods.
Orange County, North Carolina — Unified Development Ordinance Page 5-33
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERmrrTED USES
• (REZONING & CLASS A SUP)
GENERAL USE ZONING • DEVELOPMENT DISTRICTS
USE TYPE I
c -2-.9425
Club or Lodge; Sseial-Fralecaal , , G** G4 6#' 64 ,
aF�R19 tl6eB 121 12T 123 12Z 123
'8 Community Center B B B B B B B B B za +1125 A_ A '
79 RaraF-�itage-Museum 126 B B B B B A-
Place of Worship e e e e e e G G e e G e e e e e e e e e e e G G eIIII, G
B B B • . 1zs
80 . Retreat Center — — - - - - - -
81 Rural Special Events 129 1 G c1'
e e -
821 Special Events — 150 attendees e' Al G'
or less =
83 Special Events - 151 attendees
or more 130
8 Theater131 A A sz 133 - - -
Miscellaneous Uses
121 Highlighted for illustrative purposes. Staff will be recommending the adoption of development criteria for Clubs or Lodges developed within a Residential Zoning District in a future LIDO text amendment package.
122 Staff is recommending the use be permitted by right In the low Intensity Economic Development Zoning Districts rather than required to be processed as a Conditional Use Zoning District application (i.e. rezoning and Class A Special Use Permit).
W 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 Retreat Center was moved to the Assembly land use category. Permit processes stay the say (i.e. Class B Special Use Permit),
129 Consistent with a request from the Planning Director, Retreat Centers are now listed as permitted uses within the NC-2, CC-3, GC-4, EDB-1, EDE-1, and EDH-4 general use zoning districts. This was approved unanimously by the Planning Board at its March 20, 2019
special meeting.
129 Moved from the Miscellaneous land use category as detailed in Section 5.2. 1 Table of Permitted Uses - General Use Zoning District of the current UDO to the new Assembly land use category. Standards shall be contained in the new Section 5.18 of this Ordinance.
1W Staff is looking for feedback on where such uses would be allowed.
131 This land use was moved from the 'Recreational' land use category. Staff is proposing to combine several, existing, categories dealing with a theater (i.e. movie, performing arts center, drive-in theater, music hall, etc.) into a central land use type.
132 Staff is recommending the use be deleted from the EDB-1 general use zoning district to be consistent with the methodology on allowing Theater land uses within the Economic Development general use zoning districts.
133 The recommendation is that this he changed from a Conditional Use to a permitted use to ensure consistency with the various economic development districts.
Orange County, North Carolina - Unified Development Ordinance Page 5-34
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERmrrrEo USES
PERmrrrED USE A = CLASS A SPECIAL USE B CLASS B SPECIAL C= CONDITIONAL USE (REZONING & CLASS A SUP)
GENERAL USE ZONING DISTRICTs24 EcoNomic DEVELOPMENT DISTRICTS CONDITiONALZONiNG
D • D • • D D •
zs
Aeg6i31
,3s A A A A A A
36
"'
I sash " - - - - - - - - - -
r - - - -
IR AR C111hho RAR139
I ( Gente
,40
141 - - -"
142 A A A
Glass 143
I �f { Fee ty 144
pe66a G� raGjI
tjF 144
859 Research Lands & Installations,
_ Nan-profit
e�M141 $ 8 8 R 8
134 After conferring with the County's Attorney office it was determined the revised table of permitted uses should be reserved for principal uses of property. As a general rule all land uses are allowed to develop 'customary and accessory' uses. There is no need to
spell out same with the table.
135 Moved to the Automotive and Transportation use category.
136 Both uses are now considered to be located within the new Assembly Use' category.
137 Moved to the new 'Service Uses' land use category.
133 Moved to the new Assembly Use category. Name changed to 'Place of Warship'.
139 ibid.
140 ibid,
141 Use has been moved to the new 'Service Uses' land use category.
142 Staff is recommending the use be eliminated . There was only 1 use permitted under this process, which has since expired and is no longer in operation. There is no easy way to define what exactly is permitted/unpermitted creating issues of legal sufficiency.
143 After continued review there is no apparent need to continue to list a Class I Kennel as a permitted use. As currently listed, a property could be developed to house less than 20 animals as a permitted land use, which was not the original intent. Maintaining the
category creates confusion.
'" 'Research and Manufacturing' has been moved to the Manufacturing land use category. 'Research Facility ' uses have been moved to the Office land use category.
Orange County, North Carolina — Unified Development Ordinance Page 5-35
Article 5: Uses
Section 52: Table of Permitted Uses
CONDITIONALTABLE OF PERMITTED USES
v •
GENERAL USE ZONING DISTRICTS'41 ECONOMIC DEVELOPMENT DISTRICTS CONDI 110"AL ZONING
USE TYPE
0i AS El 11 12 13 PID EDB- . : . . • r rIm EDH- . • . •
FaveRIS "5
•5
145 All three uses are now included within the 'Service Uses' land use category.
Orange County, North Carolina — Unified Development Ordinance Page 5-36
Article 5 : Uses
Section 5 . 3 : Application of Use Standards
SECTION • OF DA ' D
5 . 3 . 1 In General
In addition to the general standards applied to uses in each zoning district and in accordance with
the Table of Permitted Uses , Sections 5 . 4 through 5 . 17 establish additional standards for specific
Permitted Uses , Special Uses , Conditional Uses , and uses permitted in Conditional Zoning
Districts .
5 . 3 . 2 Special Uses
( A) General Standards
Before any application for a Special Use Permit shall be approved :
( 1 ) The applicant shall have the burden of establishing , by competent material and
substantial evidence , in the form of testimony, exhibits , documents , models ,
plans and other materials , that the application meets the requirements for
approval of a Special Use Further , the apoUGant shall have the burden of
persuasion An thnco4CCI IAC 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 .
lab The ond. Raid I I .., .tpOinAd « .. : 1, ,,+ ►, .. 9 wgh Yellow Wmighloght „ a text was eliminated by unanimousl vote of the
BOCC at its April 16, 2019 regular meeting prior to the adoption of this amendment package . This is consistent
with action taken eliminating similar language from Section ( s ) 2 . 10 and 2 . 11 dealing with the ' burden of
persuasion ' .
Orange County, North Carolina — Unified Development Ordinance Page 5 -37
Article 5 : Uses
Section 5 . 4 : Standards for Temporary Uses
, SECTION 5 . 4 .m STANDARDS FOR TEMPORARY USES
5 . 4 . 1 Yard Sale
I (A) Gil-Standards fGr-of Evaluation_ 147
( 1 ) Yard sales are permitted in accordance with the Table of Permitted Uses
provided that these sales do not exceed two days per month .
5 . 4 . 2 Temporary Fund Raising Activity
I ( A) General Standards for-Of Evaluation148
( 1 ) Temporary fund raising activities are permitted in accordance with the Table of
Permitted Uses provided that these activities do not exceed two days per month .
5 .4 . 3 Special Events
( A) Use Standards149
( 1 ) Standards for all Special Events
( a ) Shall not occur more than seven days in a 30 - day period or more than 50
days per year .
k4-)( 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 ) Gem of Evalll . tfenSubmittal 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 ;
( 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
la' 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 .
las Ibid .
lag 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 .
ISO This is existing language from the definition of a 'Special Event' in Article 10 . After conferring with the County
Attorney, it is more appropriate to have this limitation denoted within Article 5 .
151 Bold Red Underlined text denoting existing language from Section 5 . 4 . 3 being relocated .
Orange County, North Carolina — Unified Development Ordinance Page 542
Article 5 : Uses
Section 5 . 4 : Standards for Temporary Uses
restroom facilities and food re aration / handlin arrangements ;
and
{a } ( d ) Written comments from the Orange County Fire Marshal and
Sheriff ' s Department regarding the adequacy of parking , access , or
other factors related to public safety .
� e r In + nI -� n sh r'- Y
QW� on of EnvireRmental Health regarding the ardeq land of the Pat `Ter= s pply and
V.iastewater--d F>?pG&a- ,§
( 3 ) Thy ntyFire Marshal ;
(4 � pp jent to the (l
T\ T• /T� Sheriff ' s Dep rtment s Stating the type o ypf events , ni im er o hf p rtinipaRtc � date(s)
-ri- ca
anrd hears of Gpera + inn and emerg RGY n to
h'
must
be attaghed to the nntige
(5) n�` e shall he adequatepta +�Atie innli 1ding safe
L,
( 6 ) The prnoosnrd aotivity ill ccGYF efa RemereT eq iently than sev
c� ,c hon 5n dolts per dear • nd a
" I . nn( 7 ) Sig Rs shall be permittedirn-r aGG0rdaR with SeetiGR 6 • 12
( G ) Submittal Reciumireements andStandards ef Evaluation for Class B Special Usee
11himittal Requirements
f _ 4 Written rde nriptinn of the evagt type of event planned the maximum
ni imher of participants the fregi iennY of the event antigipated dates and
anrd waste rdispGsal a ness parking lighting and signage •
rn�c+--vv-crsci� , E > > > >
( h ) A site plan showerig thee beypi (-dorincc of the area to be used fnr the eveRt &-
t4P� Iooga + inns of ocGP� SS PGintS park� rv� SerVTGeareas , aGti it `cy area- ,
> lightiRg , and GlgRage ;
(n ) Written nnmmentSffrnm theQraRge QeURty HealthDepartizi� en + DiVision
oEnyimnn nal�thTregard .Rg the ardeq ian
ilitiecand fGGd preparation / handling arrangements ; anrd
( rd ) Written nomments fre�m thTeQ ge G q$y Fore Marshal and Sheriff ' s
Department regarding the adequaaGy of parking access , Gr Gt 2r fad
( D)LQ.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 maxima im ni 1mher of participants at any g ! Ven time at aRy event shall he 150
r-�v�-�rrr�ct urrrnrn�
p _ 153
py er ! Gd andon nn nn more than 50 goys per year . 154
152 There is not a district where a Class B Special Use Permit is required for a Special Event .
153 This is now addressed in the actual table of permitted uses .
154 Moved to Use Standards as contained herein .
Orange County, North Carolina — Unified Development Ordinance Page 543
Article 5 : Uses
Section 5 . 4 : Standards for Temporary Uses
( b )Sig shall he permitter. in AGGGrdanGe with PG- ,8n 6412411 ( P ) of this
ON
Ord ' RaRGA&..
(3)L AII parking shall be on - site .
( 3 ) Noise levels t thecGHRd r ` of the aFea-+rGlI.IGIP. G'�„ the spGial Use p�t-shall
not exceed 50 decibels between the hours of 7 : 00 a . m . and 7 : 00 p . m . , or 45
decibels between the hours of 7 : 00 p . m . and midnight .
( 4) No Special Event shall begin before 7 : 00 a . m . , or extend beyond midnight .
( 5 ) The site plan shall have the written approval of the Orange County Division of
Environmental Health regarding the adequacy of the water supply and
wastewater disposal for the specified maximum number of participants for any
single event and the written approval of the Orange County Fire Marshal and
Orange County Sheriff ' s Department regarding the adequacy of parking , access
or other factors relating to public safety .
I ` l The Speelal Use Permit s*1all be valid fer ne mere thaR 9Re year .
5 . 4 . 4 Temporary Use of a Residential Mobile Home
( A) rural Standards of Evaluation
Pt ential Mobile Homes may be permitted as a temporary use cluriDgNoNconstruction in
accorda with the following :
( 1 ) The prope wner shall reside in the tempo residential mobile home during
construction of a residence or th ovation of an existing residence on the
same lot .
( 2) Prior to placement of tempora sidential mobile home on - site all applicable
state and loca rovals and permits s e procured , including but not limited
to a zo ' compliance permit , building permits , d health department approval .
( 3 ) e temporary residential mobile home must be remove ' in 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
Submittal Requirements
ddition to the information required by Section 2 . 7 , the foll ing information
shall upplied as part of the application for approval is use :
( a) Site p showing all existing and propo structures on the site ,
existing and oposed topography contour interval of five feet ,
existing and prop d landsca g , parking areas , access points , any
officially designated flo ins , and other site details .
( b ) A description of th terior ma ' als , color and construction details .
( c) Statement roposed use and length me building will be in use .
( 2 ) Standards o valuation
( a) he temporary building shall not be used for residential oses .
The temporary building shall not be used by operations offering e - in
services .
sss As previously indicated staff is proposing minor changes to ensure clarify with respect to what is required for
given land uses .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 44
Article 5 : Uses
Section 5 . 5 : Standards for Residential Uses
(c) e building shall be only for the e specified and
for the use specifie .
(d) T e use is a permitted use in the district in ocated .
SECTION 5 . 5m, STANDARDS - RESIDENTIAL
5 . 5 . 1 Accessory Structures and Uses
I ( A) General Standards of Evaluation
( 1 ) cessory structures and uses , including recreational uc aawlind amenities , shall
not ated in any required front open spacZrwiseiprovided
all conform to the principal
setbacks of strict where located unle in this Section .
(2) An attached private gara r ort , not exceeding 12 feet in height , may
occupy a portion of the ire o en space , provided that this does not
result in a requir ide open space of e an 7% of the lot width , nor a total ,
when co ' ed with the required side open spa the lot immediately
a ' nt , of less than eight feet .
Mobile homes as accessory structures to residential uses are prohi d .
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 . 2-5 . 5 . 3 Efficiency Apartment
( A) �'crc reru;-Standards of Evaluation
( 1 ) Efficiency apartments shall be allowed only as an accessory use single -
ily residence .
(2) There s I be no more than one efficiency apartment ether detached or
attached , on lot .
(3) The efficiency unit s I contain no more th 1 , 000 square feet of gross floor
area with a maximum lim ' f 800 squa eet of heated/cooled habitable living
space . .
(4) The residential lot shall me I dime ' onal requirements of the zoning district in
which it is located .
(5 ) The efficiency u hall comply with the N . C . Res ntial Building Code including
minimum li entilation and room sizes .
( 6) The ' iency unit shall be served by an approved water supp nd sanitary
f sties .
(7 The efficiency unit shall remain in the same ownership as the primary rest ce .
5w5w35 . 5A Home Occupations
( ) General Standards
(4)(AA) Submittal Requirements—
( 1 ) In addition to the completed application form , applicants for a minor or major
home occupation shall submit the following to the Planning Department :
( a) Minor Home Occupations
( i ) A plot plan of the property on which the home occupation is to be
Orange County, North Carolina — Unified Development Ordinance Page 5 -45
Article 5 : Uses
Section 5 . 5 : Standards for Residential Uses
e . New accessory structures built for the purpose of
conducting a home occupation shall not exce square
footage allowances referenced in Section
5 . 5 . 3 . A ( 2) ( e ) ( iii ) a .
f . An existing accessory structure which ' s larger than the
ermitted size referenced in Sectio . 5 . 3 . A ( 2 ) ( e ) ( iii ) a
m be used for the home occup ion provided that no
mor than the permitted amou of square feet is used
for the ome occupation an e area is physically
separat by walls or oth barriers . In order to qualify
as an exis ' g accessor structure for the purpose of
conducting a ome o upation , the structure must have
been construc d t meet building code requirements
applicable to a r idential accessory structure , and must
have been in ist ce for at least 36 months .
( iv) Use of Outdoor St ge Spac
a . Up to 5 square feet of tdoor storage area may be
per " ed in conjunction wit major home occupations
pr ided that it is :
Clearly defined on the sit plan and on the
ground .
ii . Setback standards for outdoo torage space
shall be determined with the app ved Special
Use Permit and in no case be less an 40 feet
from all property lines ; and
III . Totally screened from the view from the ad
and from adjacent property in the same m ner
required for accessory buildings .
5:5:45 . 5 . 5 Home Park
( Standards for HP- CZ
( 1 ) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residen ' I Units , as defined by
is Ordinance , the following accessory structures a uses shall be permitted :
( a) Caretaker' s or manager' s home or offic .
( b) Se ice buildings and areas neces ry to provide washing and drying
machi for domestic laundry anitation , rest rooms , storage , vending
machines , d other similar rvices provided by the facility for the use
and convenien of the me park tenants .
( c) Recreation building cilities and areas serving only the Home Park in
which they are I ted .
( d ) Customary cessory building Ind facilities necessary for operation of
the Hom ark in which they are I ted .
( e ) Sto ge buildings for individual Home Pa Spaces and intended for the
clusive use of the Home Park Space occu nts shall be permitted .
Such accessory structures shall meet required s acks from adjacent
structures .
(f) Fenced , communal storage areas provided by the park op for for
boats , campers , and other accessory vehicles belonging to pa
residents .
Orange County, North Carolina — Unified Development Ordinance Page 5 -50
Article 5 : Uses
Section 5 . 5 : Standards for Residential Uses
( d ) An adequate and safe method of sewage disposal shall be uired .
ction systems , sewage treatment facilities , or in ' ' ual septic tank
syste hall be approved in accordance with e and local
regulations .
( e ) Street lighting shall rovide each street intersection and
throughout the park . Wh e distance between street intersections
exceeds 500 feet , tonal stre i hts may be required .
( f) All perma utility systems shall be loc underground , and
eas nts necessary for water , sewer , gas , e rical , cable TV ,
ormwater and other permanent or temporary utility tems and their
connection pedestals shall be shown on the home park p
5a"5 . 5 . 6 Existing Home Parks
( A) General Standards of Evaluation
( Existing Home Parks that do not meet the standards sXtheexisting
' ance
shall be considered non -conforming .
( 2) E ing Home Parks that convert spaces or stalls to aporary
Resi tial Units must meet applicable standards of thction 2 . 5 .
(3) Non - confor g parks shall not expand in any way be
developed porti s , but shall be allowed to remove d replace units existing
within the park at th time of adoption of this se n .
(4) Only the replacement of its on an existin obile home space shall be
permitted , provided the follo ' conditi s are met :
( a) The total number of units s not exceed the number existing at the
time that the mobile ho par ecame non - conforming ; and ,
( b) The existing waste eatment syste ' functioning properly .
(5 ) Removal and replace ent of such units shall not considered expansion of the
non -conforming u
( 6) New, or port [ s of existing , Home Parks that have been pr ously approved ,
but have constructed substantial improvements , including , not limited to ,
water stems , roads , parking areas , recreational facilities and mo home
pa , or do not have sewage disposal systems installed by the date of option
o this section shall meet all applicable standards as set forth in this Ordina e .
5m5m65 . 5 . 7 Mobile Homes on Individual Lots
( A) General Standards of Evaluation
Mobile homes , as principal residential buildings on individual lot existence at
time of the adoption of this section may be improved b placement of the
mobs me with another mobile home in accordanc ith the following :
( a) The nu r of mobile home units m of be increased beyond the
number in ex ce before re ment .
( b) The replacement mobs me must not create non - conforming yards or
setbacks .
( c ) Replace mobile home units on in ' ' ual lots are not required to
mee area and dimensional or lot coverag ndards , but must meet
ack requirements as well as those requirement ecified in
Subsections (4) and ( 5 ) below , if applicable .
Orange County, North Carolina — Unified Development Ordinance Page 5 -55
Article 5 : Uses
Section 5 . 5 : Standards for Residential Uses
( Individual mobile homes may be erected on any lot where the use i permitted ,
provided it is in compliance with the requirements of the zoning trict and all
ther applicable regulations . These zoning requirements incl e , but are not
li ted to : lot area and dimension ; front , rear , and side yard tbacks ; and lot
cove ge .
(3 ) Individua racts of land may be created for the purpo of erecting a mobile
home provi d all requirements of this Ordinance , d any other applicable land
developments ndards are met .
(4) In addition to the r uirements contained in bsections ( 1 ) through ( 3 ) above ,
the following require nts must be met in e Residential 1 ( R - 1 ) District :
( a) The mobile home ust be pla d on a permanent support system ( See
definition of " suppor ste , Article 10 of this Ordinance ) .
( b) The mobile home must skirted .
(5) In addition to the requireme s contai d in Subsections ( 1 ) through ( 3 ) above
the following requirement must be met ' the Agricultural Residential ( AR)
district :
( a) The mobil ome must be skirted .
( b) The ho e may be placed on a permanent port system , if desired . If
a so ' concrete or masonry perimeter founda ' n is used , the exterior
c bring material shall not extend below the top the foundation .
( 6 ) Temp ary mobile homes installed in accordance with the Ta e of Permitted
Us are exempt from the support system requirements establi ed in
sections ( 4) and ( 5 ) above . However , skirting is required and t mobile
ome must be connected in conformance with all applicable laws an
regulations .
5v5a75 . 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 .
I (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 State license or permit is required to operate such a facility , the
standards necessary to qualify for such a permit have been met .
Orange County, North Carolina — Unified Development Ordinance Page 5 -56
Article 5 : Uses
Section 5 . 5 : Standards for Residential Uses
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 existinq Family Care
Facility , Group Home , or Group Care Facility .
( b ) Structural alterations shall be of such a nature as to preserve the
residential character of the building .
5 . 5 . 10 Health and Personal Care Facility
( A) Use Standards
( 1 ) Where a State license is required to operate the facility , evidence that tfie
requirements to qualify for said license have been , or will be , met shall be
submitted .
leS ddential Hotel , Dermi + ery , Fratev ii eforii q and Religious Quarters ' 57
Chr, ll nn+ he Permi ++ as -+ GeRdmtienal Use e rliStTGt . Refer to ScGtln5 1 . 9-eT
Permit
ilk—Submittal Requirements
IR d4jGR W the infermetien SeGtiGR2 . 7 , the felIGW * n infermatien
shall be supplied
the deyelepmen + cashed ile
! hl site paR sho i� iiRgexisting and prepesedrnn + ei irc Drep? ca
hi iiI � n�j n -� rI� in `r aG . . ..,vrrc�z t eTvn�a Sc c �
areas .
r'e
t/ G \ Other Gri + erin Ac GPit f r+ h in ce Gti ) �:ij 6 7 1 1 and 3
o
( d ) /\ state re RGerninry the PreviGien of ni ihlin serVines yvlhinh sha4
t
2 ) Standards of Evaluatuen
156 A new land use category to address housing of between 6 to 15 individuals who do not require specialized care .
157 As articulated in a previous footnote, there is a concern over the differentiation of a ' dorm ' , ' rooming house ' ,
and a multi -family dwelling unit . After conferring with the County Attorney, staff is now recommending the use be
eliminated . Such uses will be processed as a multi -family dwelling unit or be a customary accessory use to a
Schools : University, College land use category .
Orange County, North Carolina — Unified Development Ordinance Page 5 -57
Article 5 : Uses
Section 5 . 5 : Standards for Residential Uses
( h ) Parkins ser . . .vo � r nrd h1 ii1rlinns are adequately sn`" crennnrred frvrmrr
djaGe �T� irinntiol i lone
( ram im�orJ reGrea l faGilities am pre � lirle feTGE�nt
( d ) Other criteria h in seGtinno f 7 11 anrd 6 . 3 .
A " "
j'cr7 Other C t-tb�t'tr r-n
/ nl Letters frnmpubliG oncr �p attesting to thadequaG i�nf trh�
P-eeVr G Serr�o i�rcz"' SUGh-r� as.-Tre , nnlinn and FeSGI in
55n95 . 5 . 11 Temporary Custodial Care Units
( A) General
(E)JSubmittal Requirements
In addition to the information required by Section 2 . 4 , Zoning Compliance
Permits , the following information shall be supplied as part of the application for
approval of this use :
( a) Certification in writing from a . licensed physician stating the necessity of
direct care for a mentally or physically impaired person who requires
assistance with two or more activities of daily living .
{ C}JE!LStandards of Evaluation
{a}L11 An existing single family residential dwelling unit must be located on the same
parcel as the temporary custodial care unit . Temporary custodial care units shall
be classified as an accessory use to a single family detached dwelling unit .
ML21 No more than one temporary custodial care unit per lot shall be permitted .
(e}LQ The temporary custodial care unit must meet setback standards where located
and shall not be located in any required front yard open space .
O)L41 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 .
{ )fQ A temporary custodial care unit shall be required to connect to water ,
wastewater, and electric utilities serving the principal structure on the property .
43L61 The Orange County Health Department , or the agency that provides sanitary
sewer and water services , shall approve water and wastewater disposal facilities .
{oM 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 .
{ � Approval of the application shall not exceed one year . Annual renewal shall
require a new application and recertification from a licensed physician stating the
necessity of direct care .
{+}� Any approved temporary custodial care unit shall be removed no later than 180
days after the time the mentally or physically impaired person ( s ) is no longer
receiving care or is in need of assistance . If the structure is needed for a different
impaired person , the temporary custodial care unit may continue to be used ,
subject to the requirements of this Ordinance .
{t}L101 The caregiver shall allow inspections of the property by the County at times
convenient to the caregiver , during reasonable hours , and upon prior notice for
compliance purposes .
{ k4J1.1J A permit for a temporary custodial care unit may be revoked by the Planning
Director due to failure of the applicant to comply with any of the above provisions .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 58
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
5:5al 05 . 5 . 12 Multi - Family
( A) Use Standards
( 1 ) Standards for EDH - 3 and EDH4 Zoning Districts
Multi -family uses are permitted in the EDH - 3 and EDH4 zoning districts only in
accordance with the following standards :
( a) The site plan must identify the square footage of each building by type of
use .
( b) A permitted Principal Use must be established on at least 50% of the
total square footage of structures on the site .
( c) Multi -family dwellings shall not exceed 25 % of the total square footage of
all structures on the site .
SECTIONSTANDARDS FOR USES
50601 Nightclubs Bars and Pubs158
- �r�rrcvrc+-vim ,�ura
( A) General Standards for Evaluation
P''
B iildiRgsfc) r nighteli the Tsand pubs shall Ret be leGated within 200 feet of
r� e� derG e .
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 sg . 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 . "'
158 Combined with the Eating and Drinking Establishment use category .
159 This was moved from the existing Miscellaneous land use category contained in Section 5 . 17 . 3 .
160 As previously indicated , there are instances where existing standards are shown as Red Underlined Text . This is
due to their relocation within Article 5 . If there are changes staff will identify same in Bold Red Underlined Text or
Orange County, North Carolina — Unified Development Ordinance Page 5 -59
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
5 . 6 . 3 Eating and Drinking Establishments161
( A ) Use Standards
( 1 ) Shall have frontage , and obtain access from , a public roadway .
( 2 ) Buildings housing nightclubs . bars , and pubs shall not be located within 200 ft . of
a residential structure .
(3 ) Drive - thru facilities shall only be permitted within the CC - 3 , GC - 4 . EDE - 2 , EDB - 2 ,
T
EDH - 4 , and MPD - CZ Zoning Districts . 1bd
5 . 6 . 4 Funeral Homes
( A) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
( 2 ) On - site Crematoria shall only be permitted within the 1 - 1 and 1 - 2 Zoning Districts .
5 . 6 . 5 Garden Center164
( A ) Use Standards
( 1 ) Rental of moving vehicles shall be permitted as a customary accessory
use .
( 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 .
5z6a35 . 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 .
Bold Red Strikethrough Text in instances where existing language is being eliminated . These regulations, for
example, are the existing standards governing the development of a cemetery .
161 This combines restaurants, nightclub, pubs, bars, etc . into one central land use category . Additional
development standards will be added in a future text amendment .
162 Existing regulations taken from Section 5 . 6 . 1 . Staff added the word structure to the standard for clarification .
163 This reflects existing limitations on where drive -thru facilities can be developed within the County .
164 Regulations governing the development of a Garden Center were somehow included as part of the regulations
for a Massage Business . Staff is correcting the error and moving the standards to the appropriate location .
165 We have several garden centers in the County that rent vehicles for moving ( i . e . U - Haul trucks, etc . ) . We are
adding language in Bold Red Underlined Text to make sure previous determinations made by staff that such an
activity is a customary accessory use are being added . Additional regulatory standards will be added during a
future amendment to address number of allowed vehicles, storage , parking, screening, etc .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 60
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
(3) GardeR GeRtnr166
( B ) General Standards for Eva ! atoon167
rlir� n � r rnn� n�n three- sidesby n eight fnnf high nr» ni io wall nr �n
� `� Grage 500 square font per aGrn of
the
506045 . 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
( Submittal Requirements —
addition to the information required by Section 2 . 7 , the ( lowing information
sh be supplied as part of the application for approv of this use :
( a) tailed plans and specifications for the to screening proposed .
( b) Descri ' on of type and number of otorized machines to be employed
upon site .
( c) Indicate on the s ' plan t extent of area to be used for the storage of
junked or wrecked vehicles
( 2) Standards for Evaluatio -
( a) The site sha e screened from ' acent property by a minimum of an
eight foo igh solid fence or equal , interrupted except for required
vehicl access points .
( b) materials shall be stored closer than 50 fee o the public right of way
or 30 feet to the property lines .
Site is of adequate size to protect adjacent properties fro adverse
effects of the junkyard .
5855 . 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 .
{ )( B ) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
( 1 ) Submittal Requirements —
166 When the UDO was created provisions governing the development of a ' Garden Center' were included with
regulations associated with a massage business . This error is being corrected .
167 Moved to Section 5 . 6 . 5 of the UDO .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 61
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
I addition to the information required by Section 2 . 7 , the following info r ation
sh II be supplied as part of the application for approval of this use :
( a) Plans for all kennels , exercise yards , dog runs , pens and r ated
improvements , including signage .
( b) e plan showing the improvements listed in a) above , ther structures
on he same lot , and structures on adjacent property .
(2) Standards o valuation —
( a) The site is of adequate size to protect adjacent p perties from adverse
effects of e kennel .
( b) No part of a building , structure , dog run , p , or exercise yard in which
animals are h sed or exercised shall be cl ser than 150 feet from a
property line , e ept property occupied by he owner/operator of the
kennel .
( i ) The 150 foo setback establis ed by this section shall not apply if
all portions o he facility, in hich animals are housed , are
wholly enclose within a b Iding .
( ii ) For Class II Kenn s de v loped within the EDE - 2 zoning district ,
this setback shall n ply to dog training activities where each
dog is under the imm diate control of its trainer , owner , or other
responsible individu I .
( iii ) For Class II Kenn Is dev ped within the EDE - 2 zoning district ,
all buildings , str ctures , do runs , pens , or exercise yards in
which animals re housed or xercised shall observe the
principal set cks established ithin Section 3 . 7 of the UDO in
those insta ces where the prop y abuts other EDE - 2 zoned
property d US Highway 70 .
( c) Any kennel , inc ding primary enclosures or ns , which is not wholly
enclosed with ' a building shall be enclosed b a security fence at least
six feet in h ' ght .
( d ) The site p n shows parking , access areas and scr ening devices for all
building and animal boarding facilities existing or pr osed for the
prope
( e ) The ite plan shall be reviewed by the Orange County A ' al Services
De artment , and found in conformance with the Animal Co trol
O dinance .
(f) uilding plans for all kennel facilities shall be reviewed and ap oved by
the Orange County Animal Services Department prior to issuanc of any
building permits .
( All proposed signage shall comply with dimensional requirements as . et
forth within Section 6 . 12 .
( h ) A Class 11 Kennel Permit All necessary permits168 shall be obtained
from Orange County Animal Services within the first 30 days of
occupancy . Failure to obtain and maintain a valid Class II Kennel Permit
or other related permits which may be required by the USDA or Wildlife
Resources Commission will result in revocation of the Special Use
Permit .
168 Language in Bold Red Strikethroueh and Underlined text denotes a modification to address a concern from the
County Attorney . The language was modified to ensure any and all applicable permits required by Animal Services
would be obtained .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 62
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
5 . 6 . 9 Short Term Rental Small — Host Occupied169
( A ) Use Standards170
( 1 ) Shall be served by either direct access onto a State maintained road or legal
access to a public road by way of a recorded easement .
( 2 ) Short Term Rental Small uses are considered to be residential land uses and
shall be permitted within all protected and critical Watershed Protection Overlay
Districts as detailed in Section 4 . 2 of this Ordinance .
( 3 ) Allowed as more than 1 principal use if location on a bona fide farm . Refer to
Section 6 . 2 . 5 of this Ordinance .
( B ) Submittal Reguirements171
( 1 ) In addition to the information required by Section 2 . 5 of this Ordinance , the
following information shall be provided on the site plan :
( a ) Location , width , and type of all internal vehicular and pedestrian
circulation , and parking requirements .
( b ) Location and dimensions of all on site signage .
( c ) Boundaries of the site .
( d ) Location of well and septic system .
( 2 ) A Description of the proposed use ( s ) of the site and the buildings thereon ,
including the following :
( a ) Amount of area allocated to each use .
( b ) Number of full and part time employees .
( c ) Number of clients and / or occupants expected to use the facility .
( d ) Proposed hours of operation for non - residential uses of the site and
within buildings thereon .
( 3 ) Building plans for all existing or proposed structures to include floor plans ,
elevations , and sections showing restoration / rehabilitation proposed .
( 4 ) Landscape plan , at the same scale as the site plan , showing existing or proposed
trees , shrubs , ground cover and other landscape materials . ( 1 andsGape
information ie eften shown on the base plan for small nroientc—� r E t
� ach r tree
c
rllnpg nt hoIre to he inrloyid " ell � i irlentifrT �hn � niinn � n " i � nnefcr ��10nc "
is often sufficient for larne lots where the bulk of the nrorPerty remains
( 5 ) Statement from the appropriate public service agencies concerning the method
and adequacy of water supply and wastewater treatment for the proposed uses .
( 6 ) Statement from the appropriate public service agencies concerninq 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 riqht - of - way land use buffer
169 A Short Term Rental Small — Host Occupied is consistent with what new now classify as a Rural Guest
Establishment Bed and Breakfast, including requirements for the owner to be on -site .
170 These are existing use standards for a Bed and Breakfast .
171 Submittal standards are consistent with the requirements for a Bed and Breakfast as detailed in Section 5 . 6 . 6 of
the UDO .
172 Staff is recommending deleting the Seld. Red. StFikethFeug14 language . This is redundant and unnecessary
information .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 63
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
shall submit evidence that the property is listed on the National Historic Register
or recognized by the State of North Carolina or the County of Orange as a place
of historic interest . Applications incorporating historic sites shall provide a
description of how the historical style and character of the building and/ or
property is to be enhanced through the project .
( ( C ) Standards of Evaluation
reposer. uses and fanilities are nomplementary and r+ ompatihle with
of surroundinq development .
Fire one 7ncd recnIIe serxrines � nrl � nr � t wastewater
�� uc��rGes and water
treatment methods are adequate to serve the propesed use .,; n .n. c.]
e proposer\ use ( s1
Internal vehiGUIar and pedestrian G9rc; ulatmen is adequate for the preposead
�r�rc��-rcrrr crrrcururarrcrp ccrc�trrm-r—c� rrc crtu-crvrrrra�cr�. ga�u-c
�73
( 1 ) Building plans for all building areas intended for public use shall be reviewed and
aawroved 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 niqht - time
glare .
The cite chill meet the landspapinNow
n end h � � ffer ren � � irements ectehlicherl in
Seetwo }- 6 .8 of this n E7'c.rvrrPIwferr�R . r reneqn * zed b r the state
or e c- eunty as a hictnrin cite or as nnntaininn a sinnifinant hictnrin
of the house from the readsade..
The applicant shall he respensNe for satisfvinn all review and permMonn
requireme. nts of other lin agennies andudinq but not limited to nIGDOT
druyewav permits
( 4 ) Outdoor events ( e . g . weddings , receptions , parties ) or similar activities
conducted for compensation shall be permitted , only if there suffinient
paved er waveled hilt enlist he on 7 c � � itehle ( even ) surfaGe
( 5 ) Any application for a bed & breakfast operation that does not include any
changes to an existing structure , and therefore does not require a Certificate of
Occupancy to begin operations . shall submit documentation from the Fire
Marshal and Building Inspections Division that all areas open to the public meet
state regulations .
173 As part of addressing concerns from the County Attorney over giving staff discretionary authority in the UDO ,
staff is now recommending deleting the Sold Red. StFekethFeugI4 language . Staff does not have the authority to
make the determinations referenced herein . As a result, same is being eliminated .
174 lbid .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 64
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
5 . 6 . 10 Short Term Rental Large . Host 2ccupied175
( 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 ;
( b ) 10 acres with an on - site eatinq 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 Reguirementsi77
( 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 eatinq establishment .
( 6 ) Statement from the appropriate public service agencies concerninq the provision
of fire , police and rescue protection to the site and structures .
( 7 ) The proposed development schedule for the site .
175 This combines Bed and Breakfast Inn and County Inn into a single land use category that will be processed
through the Class A Special Use Permit process . Requirements for on -site host are also maintained as identified
herein .
176 Minimum acreage requirements are consistent with existing regulations contained within Section ( s ) 5 . 6 . 6 ( A ) ( 2 )
( n ) and 5 . 6 . 7 (A ) ( 2 ) ( n ) .
17 Submittal requirements are consistent with existing regulations contained within Section ( s ) 5 . 6 . 6 (A ) ( 1 ) and
5 . 6 . 7 ( A ) ( 1 ) .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 65
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( 8 ) Applicants requesting a full or partial waiver of the right - of - way land use buffer
shall submit evidence that the property is listed on the National Historic Register
or recognized by the State of North Carolina or the County of Orange as a place
of historic interest . Applications incorporating historic sites shall provide a
description of how the historical style and character of the building and /or
property is to be enhanced through the project .
( C ) Standards of Evaluation for Class A Special Use Permit
( 1 ) Proposed uses and facilities are complementary and compatible with surrounding
area . and appropriate in the location proposed given character of surrounding
development .
( 2 ) Fire . police and rescue services and water supply and wastewater treatment
methods are adequate to serve the proposed uses and facilities .
( 3 ) Recreational areas , service areas , parking and screening are adequate for the
proposed use ( s ) .
( 4 ) Internal vehicular and pedestrian circulation is adequate for the proposed use ( s ) .
( 5 ) Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Building Inspections Division prior to issuance
of any Certificates of Occupancy .
( 6 ) In those cases where a Certificate of Occupancy is not required . the applicant
shall schedule a site inspection with the Fire Marshal and Building Inspections
Division and submit documentation of site approval to the Planning Department
prior to commencing operation .
( 7 ) The applicant shall be permitted to construct one sign not to exceed 16 square
feet in size . Such identifying signs shall be installed with landscaping around the
base . All illumination shall be installed as ground lighting to prevent night - time
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 ) ExpirationRe - approval of SpeGmal -Use Perm it178
The Class 4 SiDenlal 1 Ise permit if annrnved shall he valmd fnr siv years hi it may
be reneWed nr re - approved by the BearrJ of QG into (' nmmissinners after
178 This was existing language, as contained within Section 5 . 6 . 7 ( A ) ( 3 ) of the UDO, staff was reviewing . After
conferring with the Attorney, it is being eliminated . The standard is inconsistent with how special use permits are
processed per other relevant sections of the UDO .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 66
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
GGRtlRl G Sly slRr, e it was issi red in onmplianoe vnrith prnylcions_of the Cpeoial
�cc;m�muvc�.rry�-rr-r�:Tc—vvus�'��- -rr� o�-r�rr�
Use Perml +
The OraRorn GeHRti Plannlnn DepartmnRt shall present ! ts report on the
rn Toe of the spenial i ise Ro later than 90-4ays hefnre the evplra + ion of the
Speplal Use Permit
if the Beard of geunt GemRmisssloners does Tet rr-eeneyi t re perm ! + the pe pJt
If the Cpen cclaul Use Permit is not renewed nr ra _ appreyed L then the anplleant may
ri--�rZ. _
s ihmlt a new annliGation a if ! + were a new i ise
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 .
50606 Rural Guest Estahiiehmrrrrrent • Bed & Breakfast179
( A) General Standards
( 1 ) Cu brnottal Renuirement &
! a1 4 ite pl prepared
y - .r aE re � niith the rervi iirements of Cei� 5
ta3R g the felle4Rg : ( Per CeGtirnR�� f rn�essional design and
eeg4f0
na + lon is noltTrGg6l1Yed fnr Rural Guest Gs Iish,�meRtss wit�,ee�e
r less� bed J? hrea4 sts 1
! ! \ I nnateen Width and type of all internal yehioi filar and pedestriaR
GIrG ilatien and paFkIRn req iiremeRts
/ Mill Boundaries of the site
I nratinn of Well and sE1ptiG sys -
( b ) DesorlptioR of the prepesed i ise ( s ) of�e site and the hi iildlnrrs thereon
(Ii ) Amount of area RIlTlnVZate d Tto e aoTh use .
"
! ! ! \ i imher of full and part time empleyeeLs .
� mod ) lumber E6upaRts e )EeGted to use the fa� Ii
OV ) Prnpo ed hoi firs of opera + inn fnr ReR residential uses of +of�he� s to
( G ) Ri iildiRrr plaRS or all avmiSti rnpesed stri iota Tres to ! RG- WICIMEN flnnr
plans eleyatleRs and seGtioRs shG4Rg restera + inn / rehahilitatiGH4
p e " "�
179 Now captured as part of the Short Term Rental land use as detailed in Section ( s ) 5 . 6 . 9 through 5 . 6 . 11 of the
revised UDO .
Orange County, North Carolina — Unified Development Ordinance Page 5 -67
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
—LaRGISc-ape plan at the same sGaietasthTe site plan shnWing evicting nr
prepesed trees , shrubs , grniini-J ender anrd etherer l�andSoane materials
/ I�? nGape infnrmatinn is nfteR ShG rn nn the base plan fnr small
nprejents Gaeh tree de. e. q haaVe tin hee iRdiVid iglly identified ; Ghew ; Rg
aR " enlstiRg tree line " is C) ften sent for large Into where the bulk, of
the nrGperty remains weGderl
methnrd and dardeq land of water supply avid wastewateF treatR� ertea fr the
prepGsed uses .
GOAGer
ernVisinn of fire peliGeandres e pretesting to the site anrd ctri G. gyres
( g ) The erred-d�� h e eR rd
. GGhei ale fnr the site .
h'
paved E) F graveled }} m�'LJ G eT -' suitable ( eve n') sC 'rf'asn-
/ i ARybed & breakfast establishment that is not IeGaterd nn a state
maRtainerd read shall fl irnish a1 ef the deed estahlishiRgg t
ingreess /�eggress easement to the Planning DireGtG SUGh dG mnnt�atin9e
shall not he limiterd to the easement deed , hut may also ineli irde Gerdes of
read maintenGRGe agreements as rdeter�nrJ by the PIanninn DireGWFM
( i ) ARy appliGaanenn fer a herd S2. breakfast eperatinn that rdeespet innli ide any
n an evicting stn i �} � ern anrd therefore rdees nt r i lire a
�JT7TT�.TLTCtGT��CL"rrCr"L�Tri r iT�re�'F1T�GC
frm the Fire � Aarchal o anr) Ri iilyding Insnentinns rliyisinn that all areas
nnFen to the p ihlin meet state regi ilatinns
v •
buffer h all si ihmit evidence that the pFeper+� isted nn the ►� Iatinnal
HiSteFiGTeg ' SteF OF re rd ze by the State. nrth Garelina nr the
�� ll ll++ e n��s+ ari�T 11npIiGatiGp
mC ter�nej shall PreVirde a rdeserintinn of hew the
hicterisal style anrd eharanter of the hi � ilyding and /nr nreperty is to he
rTrrrtzrTca�-�cyT��crcn ctrc�cc�. c-r-[y--r.J--�v-r�c
enhanned thm igh the nrnient
Standards of Evaluatwen
( a ) Prepeserd uses anrd faeilitins are pl GGmemnntary anrd nmmpatihln n � ith
�� ^` nharanter of si irrni incline rdeyelnnment
( b ) Pre , pe ' * Ge and reGGYe S . . V P � � I d water supply and wastewater
treatmeRt methnrds are adequate. serve the nrnpnse. d uses anrd
faGilities
fnr thee_pFq nseij i isnFkjbtd / sl
legal aGGess to a p blip reard by way of a reeerded easement
Orange County, North Carolina — Unified Development Ordinance Page 5 - 68
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
! f \ The prGnnserd use of the hictnrin stn iGt re shall be Of S Gh nature on as
rio Gharanter of thesite and the hl ilydlnn
P ee'Gyment of the site as nrepes
beyend the`"' hh'' �� �� �� building arhinn fonilities StrLlf2tl Ir �
a+ erations of histnrin StrUGWresshall be SUoh a nature as tG preserve
toe .
e &Keakfast establishments shall he allGwed in all nrotenterd
{��--- � ��czrry vac-a-r'n-czrr-prorccr.. a
watersheds , and G KI t+Gal areas .
Building plans for all build areas +Rtenrded for p ihlio use shall he
revie � nierJ .@Rd apprnverd by the Pre Aar haI A. Rd Ri 1ilydinn InePeGtinns
D iVi inn nrinr to i uaRGe of anv gertifinntees GfrOGG4p
In those oases where a Qprtifinntn r, f (loni manoY is net required , the
anpliGant shall snhei-dyl�� site inspeGtienwith the Fire Marshal a4d
Building Insnentaens Mowisinn anrd s e6i imentation of site I
tv the Planninn Departmentnt Prinr + n nnmmennlnn nner�at E)R
! i \ The appliGant shall he Permitter) to nonstri ant ene Sig not to evneed 16
&e care feet
In size S soh identifyinghall he installer) with
! andSE 111Inatinn shall he installer) as
aroi R d linhtiRg to Prevent nighttime glare
! It \ (DR - site Park ngshall be prGyirle aGG. erdaRGe with ' PGtinn 6 . 9 of this
QFRanG-e .
IRSeGt R 8 of this () rrdARaRGe_I-- eweyer Prepert , reGGgRiz d by
? ttrY ire shall rePeiye a full or paFtial waiver of the read - frGRt Iand use
buffer te FnaffiRtaiR t � e anrd the trarditienal
view of the he use from the r ad c-
rapi t irements of ether ni ihlin anenoies inoli irdinrr but not limiter) tn.
5 . 6 . 7 Rural Guest Estabiishmem , Red & Breakfast Inn
/ Ai ) Stan
SuhmittaI Requirements
/ a \ !1 site Plan prepared by an appropriately Iioenserd Professional in
�urr�r cTy �Tccrr�
fC) lIGWiR
g
( i ) I oeation windype t es�riaR
oirni natinn anrd parking rem iirements
`M) Lenatinn and dlimensi�Svff llrgsite signage
( iii�)LGGtinn of well anrd sn
)
j/ iy Be R daries of the site anrd distanoncc tov n rTearest resirdential
r -c -
&" s .
( h ) DeGGriptinn of the proposed use ( s ) of the site anrd the hi iilydinns thereon
( i \ Amount of area allonaterd to eanh i Se
/ ii r? ar�t timn� m ��S
liii \ f� li imher of nlients anrd (or oeni ipaRts expecteduse the faGillty .
Orange County, North Carolina — Unified Development Ordinance Page 5 -69
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( IV )
Prepe orl hni irc of nnorotinn for non rncirlontiol i ices of the site
(G ) BUildiRgg plaRafnr all evicting nr prnpns r res tG OR rde flnnr
plans , elevatinns , a�Set t1VRS oho gg recce tea innlrehahilitatinn
prep
N
prepesed
rd nnyer anrd ether landGGape materials
trees , � cr�Pc�--c�-ra�crTcr-rcrrra�
(La�J ' RfermatiGR fteR nWn nn the base plan fnr small
pprejentc Gash tree�e rddees R
aR " exi? ti� ree line " is often ci iffigient fnr large Into n , here the h , ilk of
the mremerty remains WGGderl )
nrp need i�T
prnVsi inn of fire pnlign and G iHee prretcntinn to the site anrd str inti erns
( gg ) The pmposerd develnmrrient cnhev-di ile fnr the site
/ hl itrdnnr eyeRtc ( e . g . we ddingS ,retie Minns Parties ) nr similar cr�'r
aGyerflew marking available nn site . Q verflew marking sees not have tn be
paye�Y graveled but must he nn a s6 iitabie( e eel si irfane
Ry be .�eakfast inn that is not InGater-d nn a state maintained mad
shall t irnish a nepY of the v-deerd establishing the ingress / egress
easementcr G t_hrre Q9 inty nh rdGGHMe ^+ tati� rsnall net be limiterd to the
easement deed , but may also inndi irde nnpies of rnard maintenanne
agreements as rdeterminer•d by the GG inty
/ i \ Any applinatinn fnr a herd S2 . breakfast inn nperatinn that rdnes Rnvtt iRG161de
eRY ChaaRges + G aRrex * StriRgg Str6i re an�erefnre r-dnes nt re .. . 11
lire a
Gertif "nattee_ Gff 4Gni imannY to begiR nperat�? , shall rdnnUmentatinn
from the moire Marshal anr'd B iilyding lnspnntinns Qivisinn that all areas
nrppeen to the pi ihlin meet state regi ilatinns
/ k \ 4pplina�regHes ' full nr parFial waiver of the right _ ef _ way land use
hi iffer shall submit e � 4de�nne that the property is lictec nn the hlati Tr .aT
H *St G Register reGGgRi ` nrd by the State of North (` arnli
ef QrraT ge as a plan" e Gf hiGtnrin interest /lpplinati eCprpGratinn
hiltsites s`^hall pre^ e a��nriptinn of hew the histnr'i `n"all style
�`S�arnrQ
Gharanter of the building and /or property is to he enhannerd through the
r/ 7 \ Standards of Eyalua inn
nharagter of si irrnUnrding rdnVelnpment
Ib \ Pre , pe ! * Ge anr rese ce- S. rvy-ri a ,na- water supply aR wastewater
treatR- e tr-Metheds are a 6iate to serve the prepnserd uses anrJ
fanilitiec
for the prepesev-d i ise / s \
A The site is served by ,-direst a to a Stun maintainerd road
Z,-rJ� � crcr��'..rcv-cc-cr
ism
Orange County, North Carolina — Unified Development Ordinance Page 5 -70
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( f� The prGpeuse of the histnriG StrUGWrre shall be v,f- suGh aSRat irare so as
preserve the hiS + nrin nh - r -+ rtor of the site � nr1 the hi ii
lrlinn
Develepment of the site as PrGpesed weuld have Re adverse impaGt
alt+ era + ionS of hiStnriu ire hall be of such a nati ire as to preserve
toe IiSte nnztRd site .
lJ( g \ Bed 52 Breakfast InnS hall he onnsidered nommeroial eperatinnS _ antd
therefore may net be allewed in all orntented leia + ershed-c�
areas
( h ) E3 iilding planfGr all buildiRg aFea .s iRteRded fGr publIG use shall be
reviewed and appreved by the Fire Marshal and
wing InSnentinnc
rliyi inn prier to i si canoe of an � i�tifinates of � GG Y-.
these oan ^ S % nihed a (' ertifinate of (lone inann � i is nn + required ,-
G �n SPeGtinn with the Firehaland
g iilding In neg + inn DiVicinn and si ihmit deG imon + ataGn of site appreval
to the Dlanninrr r�dlearFment Drier to nnmmenginmepnrfafinn ..
Th InGaRt shall he permitted to " AS461Gt one Sinn not to evgeed 1 _6
-&cHarh feet On S IGh identifyinn G RG shall he ORStallnd lAlith
land G area and the base All ills imination shell he installed as
`� -u,-o-a,�r �urrorr-ra-rT ccrT-ram �rccr-
gre and lighting to prevent night time glare
04Ranne
( I \ The site shall meet the4ndSnaping and hi iffo rani firemeRts stablished
iRoeGtinn 6 . 8 of this QrdinanGe . . nreyer , prepert y renngnized her + h
state er the nGYnty a a hi teri� to nr aS Gnntaining a Significant histGriG
tns ravca,ti slrureiye a frill nr rear+ iol waiver of the rno
buffer to maintain the hiStoric nharanter of�T the site and the tradit aall
I w of-vrthe lyre is im 4emr the roadside
( m ) e� ra�
T ligall be res eRsih�oorr �sacfy ! l review and peerrmi +
\ " ' regi iirements of other pi ihlin agoncieS innli iding hi it not 14mated te
1 'ddt
/ 4 The minima im let Size for a Bed S2 Breakfast Inn i icing a private well and
zc-rv,�raca--or�r � c[-�rr�o crrc-avc-n-ur-rcr
Septet s stem Shall he ne less than aGres . A BD.oa_& reakfas�n
magi he permitted on lots of loos than five aaGrysIf the tram iS G 4ently
ser� hlin VV " Lnr and sewer3 S �G}
the appropriate agennies and the Staff FnglneeY
( 3 ) Expiration a
( a ) The glass $SpeGia Use Permit if apprny � alll bee yalii-d for Siv
e tment after
�+V ' Rg eerPt� frnm the Planning Dn� rRTeRt t��t� nI _ and has
been nnntini G iSly Qinge it . . as issued in nnmpliance with prnVisiGRS Gf
the Sponial Use Permit
( b \ The Qrange CG inty Planning Depart oat shall present itS report on the
ju�rri�vrur�
eempliaRGee of the special i iSe nn later than 90 days before the ee-xn-piratieR
G the Special Use Permit
( c ) The Beard of Adii istmnnt shall net reneW the Sp al Use Permit if it is
t shall v o�Ta- p e�iu,-vim
determined that the applicant has failed + n cnmplY With the nonditionc of
( d ) If the Beard of Adjustment doesnet Sonoma the permit the permit Shall
bbeGemG Rull and yGid i men the expiration of the time limit .
Orange County , North Carolina — Unified Development Ordinance Page 5 - 71
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( e ) if the SpeGial II I I e Pew lento + ado ed n�appreyed then + ho
linatinn as if 4 � nVere a ne ni i Ise
MR g Rural (_ most Estta li�Tent .! Country bin
( A�—Standards for ass A Spe6ia1 Use Perm4
Submittal Re ements�
( aa�' te r '
n O G nnntaining the
fe ,G i R g •
[= E) Ga ' width , and tine of all intnrc navehiG ilnr nnrl p rian
ciT and parl� ing rertii iirnments
d0� ��ti qRd diRqeRGinnc of n11 An site e-.
/ iil Le,eaatinn of well and septj eRzi
( qV ) E3 inrdaries of e d rdistanne to nearest residential
cramlvr-tttC-'tt��}�cTarscurrcc-cvTrcctrc�
s + n Intl Tres
�rrcrczrn-�.r.
/ h)E,ejnrc iPtinn of the prepesed use(s) of the site and thE? i iilrlinns thereon
Li1�Amni int of area a a crllnQ�zca tnd to
- n- ��eaGh use .
Lii \ nnher of full a e e leye
/ iii ) lumber Gliernt,� RGI19F ec vne_Gted to use the faG1iity .
( IV )
Pr ed he f epera + inn for 9RreSidential uses of the site
and within b iildings thereon
( G ) eidiRg plans ferlleXiGting nr Prnnns Stri intHrectn innli ide flnnr
nleyatienn and se ens shGW ! Rg restnratinn / rnhahilitatinn
p a'�S-crcv�"trrvn���cG-t'Ivrr.� crrcmnnZrcrvr-r
prepeseds
LandSGape plaR , at he same se as the site plan shn � niinn eviction nr
the same -a-�--rrr
materials .
( Laa TdGape iRferTmrratinn is often shewR nn the base plaR for small
prp eeGts . GaaGh tr e deeS_RGt have n he indiVidi sally ir•leRtifTnrl • shGwinn
aurr visting tree IiR 1�J nftn�i ffiG * ent for large Intl where the bulk of
the proner+ v remains nrnpfjnrl
ke ) Statement from + hie appr``npriia^' t��e p blin snnT,� e�rte ' eG GeRerni e�ng the
method and adenl aG of or supply and wastewater treatment for the
pFepE) sed uses .
Lf ) gtaatr ent from the apprepriatep, �� s Pju�r RGIes nnnnerning the
Sni iepreter.-Aien te
he site and stn in + i gyres
(p ) The prnnnsnd dev pmnnt snhndule for the site .
\\ yy ca--cr�� cr��scr-rctr cTv�--cr-rc�z�
( h ) Outdoor events ( e . g . weddiRgs , reGept ' GRS , parties ) er similar aGt a
nt sating shall he permitted enly if there is si 1 # inient
�urrvrra�uir�c�crrrrrrc , ��ti-rJ�urrrvrc��-r
paved nr graveled hi it must he nn a si iitahle ( even ) si irfane
an evicting stn anti ire anti therefore does not require a gertifinate of
art-c�cr�-n'�9�z' �
QGG61pa,Gy tebegin eperatieRs , shall si ihmi + rJnni amen + a + inn from the
p ihl�in meet stateegulatiORS
Orange County, North Carolina — Unified Development Ordinance Page 5 - 72
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( ilAppl ' Gant-s..- ,r .i4-1qYeSt4Rg a fr6olull er partial waiver of the right - of - way lanr•I 61 ._
buffershall l ihmit eyideRGe that + hp PrGpert y is hSted OnR the lotinnn
H ! S r reGGgRRized byState Gf jerth a- eldnrn or the QG inty
of QraRgee as a pl Ge of hister ' G + erect / ppliGatinns inGv u
his sites shall provide a /"de Griptien of hew the histlGalstyle an
pert y is to he enhanGerd through the
( 2 ) Standards of Evaluation
( a ) Prenosed uses and faGilities are Gemnhmentary anrdGc) mpatible with
/ h1 1- irp PnliGe and rnsGi in se ' v ' Ges anrd water supply and was
tewater
treatment methnrds are adequate to serve the prepeserdH 1 es and
areas , pa
fer the preoeserd i ise ( s \
ry r-crn�rv�v�. cr-cr� cT�T
( d ) Thesite Is serve d4a Gt aGGes e a State maiRtained read .
101 Internal yeh * Gi filar and rd oeestrian Gi
�� `" �� w
( ff) he prGpese d i ise of the hlstGr ! G stri iGti ire shall he of si rGh a _ RaWu e so as
.� t ru r�r� a-rrccc ca i-cam
to are er i�. p�trhTp histeriG Ghara ter offtthe sgie and the budding
Develepment of the site as prepesed wE) Yld have Re adve. , . .
teratinns of h ; Stor ! G stri i erns shall he of S iGh a Rate ire as to p� eseFye
:7T17'f'7-�JCIZT �TTCCTT-A�I�TTC.T�7-fLlTCrr•�Ct.7—C"0�7rG�fi
the hister ' G GhaFaGter of the build ) and site
m
( g ) QGi entry Inn hall he non ' dere d Gommereial ooeratinns anrd therefor
magi not he al ' Gwerd in all proteGted watersheds , an Grit iGal areas
( h ) Building plan fer all hi i " d ' Rn areas intended far p ihliG use shall
ieyuledi and. approved by the Health DepartmeRt , Pre Marshal anrJ
( i \ In these Gases where a QGe tifiGate of OGGi iPonGY is net required , th.
annliGant hall GGherdi il��zP gRspeGtiGR Ur t PFirp M ;grshal and
+ n the Qlanninn dler� artment r� ri
ra-n
( e Gant shall he permittei-d t�� t,��GtG��7)Th nn not to evGeer-d 16
? ni i Fe feet in Gi . e_SHGh identifying ir-rns shall he installer) � nii + h
la�napjnq arni Rd the base III ills i eR shall he installecd �c
g-F-e iR d``^lwwghtinrr to prevent Rig t time nlarp
' h)On site parking shall he prGyideer•da iRaaGGnrr•lanGe with Centinn Q of this
QrriinanGp Th � Fie M
i
Fire resew InnA *r %% r� ro�hp site plan tG
enc ire EMS and fore trYGk aGGess `" t I '
The site shall meet the landSGapiRq and buff &r rGqulrerneRts established
inym
n SeGtinn 6 . 8 of the (lr na7Ge I- GWeVer , preperty reGnnni -zeGd by the
state er the Gee Rty as a hilt r ' G Sate oerr_aG G9Rtta! ning a sinnif ; Gant histnriG
vrrcr
stn i re hall reGeiye a fi ill or partial wanver of the read - front lanr•d use
,
� ji w of the hei ise from the mar-dsirde
rvrrr
f ether p ihliG ageRGies inGli id 'Rg hUt net limiterd to
Orange County, North Carolina — Unified Development Ordinance Page 5 - 73
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
irin( n ) The minirmm I � CGTy i i�cg rNri � r I14 to wnll and SoTG
.C'T` ' Steng haI��TE) IE? SS tth�arr_rn tPIR a,-crvrcS A Q- ni intry Inn mar be permitted
elE) tsGf less thin tan anrnS if the tract iS_GUrrnntl served y pi
waatterandd seweF subject to the revie % nr and appreval oftheapprnnriate
ageLnniec T the Staff Tnrgineer ; nr if the tram will� r+ eiye pyblir
�rG ZT' �C T ,,
SePvl ! E� s-par� a-I .r� er- deyelpmenncr c prnvTep. t Si inh Ps a planned
dcVeInnment nr village flexible develepment
t3Re - Approval of SUP
years ,( a ) The Glass A SpeGlal Use Permit4 if appmved , shall be valid fGr sex
QGMmr, siGRers after Ir I V e l AZJ T rt from the Planning Department
that the use is aR has beeeRG9RtiRU9HGIY singe mitt was ssAnrl�T
Eon�mPlrranGe with enial Use Pere
( b ) The graRge996Rt PlaanRinr�g Departmen� all present it repGrt nn the
EGR ppli RGe of the spegial i Se nn later than 99 days hefnrre the exi pr�atironrnr
efthe SpeGia �
l �Use Perm
( G ) The Beard of euRty Oemmissie ers shall-rnrc^ tr en. eTrca"vr the S }eGicc se
(d ) if re Beard nf GG inty (` rErnnrerG dGes net renew the permit the
nn the expira + inn of the time limit
let If the Spenial Use Pnr� s n�c pe �w r re apprGye n the
applinant may submit a never applinatinn as if it were a Rew use .
5 . 69MoGreb every with RAner Events
180
( A) Standards for Class B SpeG . al Use Permit or AS & GZ or MPD - GZ Zoning Distr " Gts
infnrmatinn shall he submitted r h the applinatinn materials :
everts , hGa�rS Of peratinn antigipated a�tteRdanGn , a ;; d anyr theLrr
pertinent details
to ar+ semmedate all sPenial events
( G ) A map der� iG� rrni ending uses and the distaRGe to esi T
St461 `-`` !�'''ir``''eSm-'
al basis than an average single family residenne
ui�7ct�rrz —�rrr�r� rrrrr�r�urcrc-rrcr.
( WhiGh uses 240 galleRS Gf water per day ) built at the h M ghest deRsity the
ex Id all r Par ale if the evicting manning
c�^n-S[mg�Q�g�*t-t-E✓t-�o�rc:r-ccrr�—�-vr � zrrrrrrg
diStri�ll ! E) ,nar, s a r�cRtiiaaneRS4Y of 1 i snit far 7 aGres and the PrnPnSed
�? e its en a six aaSre parnel ( w i Thr_" µelder eSrd � ns�the
pr nr�J�Se ( s ) may use three times the the water used by a the
d. water study is required . The water usage
rates f aRy exist gip use si ibient to -inning regi ilatinns IGGated GR the
same let shall be taken rote aGGe int when determining if a
sao Moved to the central Microbrewery use under the Manufacturing, Assembly, Processing, and Distribution Uses
— Food land use category in Section 5 . 14 . 2 of the revised UDO .
Orange County, North Carolina — Unified Development Ordinance Page 5 -74
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( i1 The amount of water anti aterd to be used en a daily , weekly ,
P-�rr rrEF�}ccrccr-cv--r��c�...r ram, o vim., c� cry
mnnthlyr anrd anni ial basic her rani ilr �aT� i i� Iona erlG the
par ( e . g . , water usage by hen £ farm iisoc is not required�*7 _
to he innli irderdl
tv be safe anal s ainahle in the immediate ViEiRi
�iii)A anal isms of whether ether wells in the V ' G ' ' ty of the nronnserd
ce are exnen + erd to he I l ffente !'d by withdrawals made her the
prepesed use .
mall have rdirnnt annesc• to a mainr rnard as nlassifie
Gemprehensi � re plan anrd shall use
said roar) a the primary anness unless
IYI.i , C.IV VVJJ , i
apprGyerd etherwrse in the permit-.
( 3 ) If Ionaterd adjanent to ressiieA#al � r! zene property , all struGtures , fa� aGils stag
areas rd r�anarliinrr areas hall be l�sethan a minima im of 100 feet 49m all
erenerty lines
( 4 ) F= Vents shall he I ' mitesd to nn mere thane ple at ene timeanrd shall Gerd i
RE) mere than 12 da ! isper year .
( 5 ) blir• a ress systems shall net be used before 7 a . m . er
"QT—CG�7"[�T',7Z -�l�l7TT�LCtI'l�l"GT.J .�T-JTGTTJ .-7T��lTJGTTJ
after 7 p . m . if an g existin r�deRCe is lenaterd within 1 , 000 feet of the fanitlt-)
uTless annreyerd e + heryyise in the permit
( R ) Speniad events shall ease nn later than Q n m on Sunday three igh r
\-vim �. c�- ��cr� i�-�ritrrrEca�r.-r-rv-��c ro-crgr�
11 p . m . en Friday and Satwday , URIeSSan�verd otherwise in the perm t-.
( 7 ) penrd serVines are net al1c) rerd unless apprE) yerd in the permit
( 8 \ Retail sales anrd fanility to firs are indete be miner nnmpnnents of the - av-e
use as a mi i I nrohrevrey that Prnrdi Ines graft malt 19P % ferages . Retail salon may
PrGGIHGtS PrGdHGedsite . The perm 0 t may speGlfy limits these antiVities
. 10 Mocrnhrew ery with Major Even-rtts181
(A) Standards for ASE - GZ-or WD - (' 7 7nninn Districts
.S � hmittter•d with the appl " GatieR aatter��
( a )�Des GrirptrieR-of- speniralr eaeinr+ s to he-held- nnrsite innli irinn f
,
events hei firs of Gperation anticlnateriatteRdaRGe , nerd any ether
Pertinent rdetails
date all menial events
(G ) A map dpp ;GtiR v i irrei inrdinn uses anrd the distCLRGee�res t ir•deent�T
StruGturesw-
( rd ) A rdesnrintien of retail sales and fanility tea firs if rtirnnnserd
( Whinh ices 24 0 nallnns of vaster per day ) b , ' ! It Pt the highest sitthe
e tiRg ZG 'lIRg di�int wee i d al ! Gw . per example if the nInrl
�T�f �
use is OR a si i u x anre parnel ( Whinh nee ild yield 3 resisdennec ) the
Moved to the central Microbrewery use under the Manufacturing, Assembly, Processing, and Distribution Uses
— Food land use category in Section 5 . 14 . 2 of the revised UDO .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 75
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
prepesed use ( s ) may use throe times the water used by an average
SiRgle family residence ( pr 720 gallons per day , en an anni iali � ed basis )
r�ate,q efang use si ibient to Zoning rent nations legated OR the
sweet shall he taken into anger int when determining if a
vcmpr�j nreiindinrater S; id r is re� d�studshalldetail ;
zj
( i ) The amei int of waterraaRtiniipaatted tca W be-us ekIy ,
monthly , and annual basis b t regulated uses leeated en the
pargel ( e . g . , water usage bar bena fide farm rises is net��re�dr
4i ) An analysis of the ameiint of nreiindwater withdrawal gensidered
to he safe and sustainable in the immediate ViGiRity ;
( i1i ) 4n analysis of whether other wells in-r-the vipinity of the prppesed
use ore expegted tp he affected by � nrithdro � nrols mode her the
-ccrc-c�c�ccr zrcv�c-crrTccc
pmpesed use .
CempFeheRsive Plan , and shall use said read as the primary aGGess , URI
approved etheFWise in the permit
P4rn" r
NeFty liRGS .
ffrrequeRtly thaR twelve times per year .
( 5 ) Leudspeakers and publiG address systems shall Ret be used befere 7 a . m . er
after 7 p m if an existing residenne is Iegated within 1 000 feet of the fadlit � r
ccm. �-rcf��n�cr-rcc-r�TQcuc � �
i finless approved ethenwise in the permit
1 1 P . M . en Friday and Saturday , i finless approved etherWice in the permit
aa--t�r-��cc��rrr �c�-n-rr�
( 7 ) Geed s � � rires are opt allr. 1nred sinless approved in the permits
( 8 ) The permit may limit the freq ieRGY of events
but may innli fide ppmplementary 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 GC4 and O/ RM Zoning Districts
( a ) Shall be limited to no more than 24 , 000 sq . ft . of building area .
( b ) Outdoor storage shall be permitted subject to the following :
( i ) Shall be setback 50 ft . from all property lines .
( i i ) Shall be enclosed by a fence a minimum of 8 ft . in height .
( iii ) Shall be screened by a Type B land use buffer as detailed in
Section 6 . 8 of this Ordinance .
( 3 ) Standards for 1 = 1 , I - 2 , 1 = 31 EDB - 1 and EDE - 1 Zoning Districts
Orange County, North Carolina — Unified Development Ordinance Page 5 -76
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( a ) Outdoor storage areas shall be permitted subject to the following :
( i ) Shall be setback 50 ft . from all property lines .
( ii ) Shall be enclosed by a fence a rninimum of 8 ft . in height .
NO Shall be screened by a Type B land use buffer as detailed in
Section 6 . 8 of this Ordinance .
-15 . 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
( es located in an AR zoning district must on a bona fide farm .
(2) If located adjacent to resi15heeLpg4iiaLtyall buildings , structures ,
facilities in the taxidermy enterprise shall be o m of 100
e from the property line .
MA i�—W; elf with-AAa r►Br Pit
ts
( A ) `M4nrianr a r G. I .a? s. D Special I Ico Dprmi + nr ACG _ r` 7 nr 11ArD ('1 _ G7 7nninir rlic + rim
�-a dditinn to the requiremnntr in Centin�rnr 2 as applinnhlo the fnllewinn
a� n all he submitted with the nlina + inn Materials ;
inrr-Maur-rn-cr �vrmTiTc-a�p-rr
/ a \ Des�Tptt�nR nfJpeGial events to be hedrd� site inolr rrding frc, nr rennY of
e ems hours of nneratinn antinipaterd atteR dange and any other
PeAinent Beta s
rking area ( s ) if required narking is net ant aGapaterd
to angemmedate all menial events
( G) map a inting si rrrnr R ding uses anrd the. r-distanne to residential
strr ins t�c .sT.
! r-d \ n r-dns ' nn nmf rintoil 7aallesa Rdfae 1 -y
i� 4 gmmprehensive greundwater study , far facilities expenterd to use more
greuRdwater en an annual basis than an average single family resir�dnnne
�-rccrr-cc
(Wh!eh uses 249 gallons of water per day ) hi tat 4h., hinhest rdensitY + he
ecx�c9StiRgcfi.Z'8' R *Rg diiStriG wG rlyd aliew . Fn example ,
if the existing ZG4n 1 n
dis�t allews a resodential density of 1 unit far 2 anres anrd the prnpnserd
p� nnsed use ( s ) may use three times the faster used by an average
N
bel
r�rnmmpreThT dwater study y is required The water usage
motes ref any evicting use sr rhient to manning regi ilatiens logatpd on the
same lot shall he taken into anenr int when redetermining if a
nmm � reThrensi � re grni inr-dwater study is reqi� .
The amor mt of water antininaterd to he used on a daily , weekly ,
�T v�Z r --vrrcz-��ccrr�-rv-�.�rcr�
mnnthlyr and annr ial basis h r reg rlate d i ices Innater-d on the
rrr � �-aur-�crs�T�T �r-a�.r��-vrrT-rc
kt
+paar__r� GGI( e . g . , usage hb water n�na fidde farm i ices is not rent iirerd
�ttJ C to R
� n analysis n
- cr-r-crrrarY-._rra--c�f
tin bP� SaAfe aAlRd inahle in the imrr is VGinit and
lism ) AR analysis of whether other wells in the vicinity of the ProPGsSed
use are exneoted to he affegter-d her w . thdrawals made bar toe
Orange County, North Carolina — Unified Development Ordinance Page 5 - 77
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
prepesed i ice
( 7'�Site Shall have direst aneesste a maier rear ! as nlasslfied in the QraRng
gempreheRsive RaR . and shall use said read as the. .@GGE? SG , URI
appreved e + herwise in the permit
aFeas and parking areas srhTall he sethank a minims im of 100 foot from all
nreperty linen
( 4 ) EveRts shall be limited tG RG F:Rere thaR 159 peeple at eRe time and shall eGGur
no mere than 17 days per year .
� i - idcnniannkers and pi ihlin address systems shall net he i ised b�ofnrn 7 a . m . nr
after 7 p . m . if an exis + ing�ueRGe is lenatnd Within 1 0V00 feet of the fanili + yr
i finless approved E) theFw ; se in the permit
( 6 ) SpeGial eveRts shall Gease RG later thaR 9 PzMn GR Sunda threugh Thursday G) r
11 P . M . nn Friday and Saturday, i mless a�moved nthennrise in the perm4-.
( 7) weed se�ViGes are not allnwnd Unless apprc)ved ' R the Per
site . The permit ma r spnnify limits to these ant ; Vities
rc c—r-r
5 .
6 . 13 Winery with Major Edens
( A ) Standards for SE - GZor MPD - CZ Zoning Distrinte
c , ibmi ++ ed with the
( a ) DeSnriptien of speGial eVen�+ s tG be h nn _ Site , ineliiding freq uennY of
eve tts hei firs of epeFa ' n antinipa�a at� n�Rne and an r ether
pertinent details
taGGGmedate all special events
(e ) A map dep;Gtinn si irrni finding uses and the dis + anne to residential
`-' h' � urrc��vrrc�ru crnTu�
stri 1n�cra Tess .
A A deser ' p + irvn nr ofr retail r sales r unrd faGolity tews-, if prepwes�ed
-
( whiGh uses 240 gallons of water per day ) built at the h M ghest density the
ecxiSidTg r ' nning d nr istr ni ilyd � n allnr Fnr example if the existing Inning
, ice is en a six anre parnel ( Whinh eni 1Id Yield Q residences ) the.
rn p�posed use ( s ) may i ise three + imesshe water used by an average
rates of any existiT gg use si ihient to ZnniRg rani ilatinns Innated nn the
same lot shall he taken into accoi int when determining if a
brn
c prnhensi re grni indwater study is rent aired Said i ird stv shall de + ail •
c
The amni ant of water anticipated + n he used ran a daily , weekly ,
,
MGRthly , and anni ial basis by regulateded i ices Incated en the
panel ( e . g . , water usage her bona fide farm i ices is net required
0
( ii ) An analYsis of the ame mt of grei mdwater withdrawal considered
Wbe safe anrd si istainahle in the immediate vininity ; and
Orange County, North Carolina — Unified Development Ordinance Page 5 - 78
Article 5 : Uses
Section 5 . 6 : Standards for Commercial Service Uses
( iii) An analysis of whether ether wells in the vininity of the whether�r� T
use e are expented + e be affented by withdrawals made by the
PrGpGsed use .
Site shall have Aireet a /'� / eSG to mai r rn ccified in the (Aran
{'1�—mil dire et GTi ,TJZV�� T-f'Q � ,TJTlL�7TTLn'�T�7TCCTT
GempreheRsive shall use sand road a the primary aGeSS ,61 I
approved nthenniice in the permit_
areas , king arr`� asshall be_setbaank a minimsAm of 100 feetet fry.
prnnerty lines
r er eVentc . raGt m�haR150 _nple at one time and magi ncni� r _„mor_e
frequently than twelve times per year . " " r"
( 5 ) Loudspeakers Ad peakers and hlin address systems shall RE) t bo A Aced before a . m . er
after 7 p . m . if an evicting residenne is Innated
otherwise in the permit
( 6) Lnenlal events ease nn later than 9 p mGR 96iRdayr
e n�s ee i n, permit .
/ 7 \ Fnnd ceniiee�vsaro nre ac arverJ in the permit .
( 8 ) The permit i limit the fregi Aennv of events
()retail sales are intender) to he ea,°mpjs
but may ORGlude lementary items
182
( A ) General Standards for Gvaluatmen
n A + dner storage of predHGtS shall he permitted in the rear yard of the pF0rnary
'�} ccr}vv r—Jc�storage rFro stets
struetu e a�-LiRc-shall be Greene from view Gf a .
(7 ) nA Atdnnr ctnroge area shall net he permitted + n ennrnanh A Apnn required
spaGes .
\ /111 strA G Ares and eA Atdnnr storage areas shall hn Innatnd a minima Am of 100 fee+
from adiannnt residentially innrnennrfl
Qn rohen e Ran cc��TnrmitterJ ac an 4CF _ j2
( 5 ) ❑ ark 'Rg shall net he loGated in the front yawl spann
6 \ 4Ppkatinn materials shall innlu m p
highest density the existing vnning distrint weA ld alleY.I Gnr example if the
existing -coning dictriet� allewss a residential density of 1 unit for 7 anrec and the
� pesed use is nn a six a
ente parnel ( xnihinh noA AId yield res$deTnreecl the
NN `"
prepGsed A Ase ( s ) may A ice three times the wat� csed by on average ci gle familyr ` e sere ( an arm64ized basic ) before a
retie, IF water stud is re�red . The water usage rates of, ^an, y
'
eisting use sA Ahient to manning rngA Alatinns Innated nn the same let shall he taboo
into annnA Ant when dew erm ' R 'Rg if GemprehenciVe ggrGURdwaaTL.r study
Said study shall detail •
( a ) The amC) Ant of water antinipated to hin iJnrj nn daily , weekly , mnnth*
and annual basis by r !"1g Alat esGeeted nn the r� arnel ( e . g . , � n�T
�T�C
usage by bona fide f .a ,VFRuses gis not req Aired to he innlA Aded ) •
182 Moved to the Retail land use category ,
Orange County, North Carolina — Unified Development Ordinance Page 5 -79
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
safe and sus-taiRablc-iti tHc imme4ate ViGiRit i an
( G ) A aRalysis of whTethor` ett er�IJ in the yininity of the prnpn se are.
expented to he effented by withdrawals merle by the prepeserd use .
5m-6m 55 . 6 . 14 Sexually Oriented Businesses
( Submittal Requirements
( 1 ) In addition to the site plan submittal criteria detailed within ection 2 . 5 of this
Ordinance the applicant shall submit proof a license ha een issued allowing for
the operation of a sexually oriented business in accor ance with Chapter 8 of the
range County Code of Ordinances .
( B ) Standards o valuation
( 1 ) Sexually iented business ( es ) shall not b ocated in any building , or portion
thereof , tha
( a) Within 1 , 0 feet of an exis ' g sexually oriented business .
( b ) Within 1 , 000 t of a :
( 1 ) Residentia nd use including any open space established as
part of th re ' ential subdivision approval process ,
( ii ) Chur and/or pla of worship ,
( iii ) S ool ( public , private , specialty) ,
( iv) Public or private library ,
( v State licensed child care facility ,
(vi ) Public park or recreational facility .
( c Measurement shall be made in a straight line , with t regard to the
intervening structures or objects , from the nearest po n of the building
or structure used as the part of the premises where a sex Ily oriented
business is conducted to the nearest portion of a building , st ture , or
open space area of a use listed above .
SECTION 5 . 78 STANDARDS FOR RECREATIONAL
5 . 7 . 1 Recreational Uses as Accessory Uses
I ( A) Use Standards - Residential Land Uses
ddition to the requirements contained within this Ordinance , recre ' nal uses
deve ed as an accessory use to a residence shall abide by the owing :
( 1 ) Gen I Standards
( a) Acc ory recreational uses shall n e open to the public or serve as a
recreatio menity for other lot
( b ) Amenities , equi ent , a or facilities intended for spectators such as
bleachers or public ress systems shall not be permitted .
( c) Outdoor spor eld lighting , detailed within Section 6 . 11 , shall be
prohibite
(2) Specific S dards
( a) Motor Cross and Go - Kart Tracks
( i ) All tracks and/or paths shall be located a mini of 100 feet
from a property line .
Orange County, North Carolina — Unified Development Ordinance Page 5 -80
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
( ii ) h shall not cross ove e septic fields .
( iii ) A Type B Land Us er , as Section 6 . 8 , shall be
required the portion of the property where track is
ed .
( B ) Use Standards = Non - residential Land Uses
In additio irements contained within ance , recreational uses
developed as an accessory us - sidential land use shall abide by the following :
( 1 ) a not constitute Recreational Facilities .
5 . 7 . 2 Recreational Facilities
( A) Goal Standards of Evaluation
( 1)%% The standards included herein shall be applied to recreational facili ' es as a
incipal use of property .
(2) The m um lot area shall be two acres .
(3) Facilities may ' lude such features as play a raining areas , athletic field
lights , public addre systems , parking f atrons and staff , storage/office
facilities , and restroom er facili ' .
(4) No building shall be closer feet from any right - of-way or property line or
the minimum require is of the di ' ct in which it is located .
(5 ) Outdoor athl ields shall comply with th ovisions of Section 6 . 11 and shall
be locat a minimum of 50 feet from a pro er e .
( 6) outdoor recreational facilities shall utilize a combina ' of screens , fences ,
nets , berms , or vegetation to keep equipment on the prope
( B ) Standards for SpeGiift UsesUse Standards
( Shooting Ranges
( a) Shooting ranges , including skeet shooting activi ' es , shall be designed or
oriented to keep projectiles on the property .
( b ) Outdoor shooting ranges shall :
( i Be located a minimum of 300 f t from all property lines , street
rights - of-way , or access ease ents ;
( ii ) located a minimum of , 000 feet from occupied dwelling units
exte al to the property ; nd
( iii ) Direct al tationary t get shooting activities into a projectile -
proof backs a imum of 15 feet in height and 30 feet in
depth .
( iv) Operate only om : 00 a . m . to 6 : 00 p . m . daily .
(v) Maintain a ype F land e buffer , as detailed in Section 6 . 8 ,
around t e perimeter of th ange .
( c) Indoor shooti activities shall :
( i ) B ocated a minimum of 50 feet fro all property lines , street
' ghts - of-way , or access easements ;
( ii ) Be located a minimum of 500 feet from occ ied dwelling units
external to the property ; and
1i ) Direct shooting activities into a projectile proof bac op to keep
the shot within the structure .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 81
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
( iv) Maintain a Type B land use buffer , as detailed in Se tion 6 . 8 ,
around the perimeter of the property .
( d ) Nothing in Section 5 . 7 . 2 ( B) shall be construed as reg ting hunting
tivities or the operation of a shooting range develo ed for , and
ex usively utilized by , local , State , and/or Federal w enforcement
age ies .
( e) Nothin in Section 5 . 7 . 2 ( B) shall be constru as regulating or
prohibitin :
( i ) Hun ' ng activities or the operati of a shooting range developed
for , a exclusively utilized b local , State , and/or Federal law
enforce ent agencies .
( ii ) The holdin of turkey sh ots or other similar activities conducted
as a fundrais is orco unity event so long as such activities
occur no more an ree days in a given calendar year on a
parcel of propert
( iii ) The incidental sc rge of a firearm , the discharge of a firearm
in self - defen , or en ging in target shooting activities on a
parcel of p perty no m re than 2 days in a given month .
( 2) Outdoor Paintball
( a) Areas where utdoor paintball activiti occur shall be a minimum of 50
feet from property lines , street rights - f -way , or access easements .
( b ) A Type land use buffer , as detailed in S tion 6 . 8 , shall be required
arou the perimeter of the portion of prope where outdoor paintball
act ' ity occurs .
(3) Pitch a Putt Courses
( a) Pitch and putt areas shall be located a minimum of feet from all
property lines , street rights - of-way , or access easeme s .
A Type B land use buffer , as detailed in Section 6 . 8 , sha e required
around the perimeter of the portion of property where pitch nd putt
course activity occurs .
( C) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
( Submittal Requirements
ddition to the information required by Section 2 . 7 , the fol ing information
shall upplied as part of the application for approval his use :
( a) A de tion of the exact type facility pl ed , the amount of area ,
including a number of members articipants expected , a site plan
showing siting size of exis ' and proposed building .
( b) Access , parking , servic d recreation areas for all planned facilities or
existing facilities .
( c) Plans , and e ation for all propose nd existing structures and
descript ' s of the color and nature of a terior materials .
( d ) ndscape plan showing , at the same scale as e site plan , existing
and proposed trees , shrubs , ground cover and any o landscape
materials .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 82
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
( e ) A signed statement from the owners or operators that thergoethall be no
activity allowed that will have adverse effects on adjace property . The
statement shall also include a complete list of all recr tional activities
that will take place on the site .
( 2) Standar of Evaluation
( a) The pr erty shall have direct frontage o , and obtain vehicular access
from , a p is road .
( b) Lot size shall b adequate for the ethod of sewage disposal proposed ,
and for the propo recreatio I uses .
( c) The site plan should s e boundaries of the site , the distances to the
nearest residential stru u s , proposed or existing access points ,
parking and service re as , to tion of outdoor recreational facilities , and
location of existi or proposed ildings .
( d ) The landsca plan shall be at the sa e scale as the site plan and
should s how the facilities will be scr ned from the adjacent
prope s , in addition to proposed or existi trees , shrubs and ground
cov
( e ) levations of all structures and buildings . The struc re shall be of such
a nature as to preserve the residential character of the ea .
There are no adverse impacts on the adjacent roads or rest ntial
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 follow' g shall be
ubmitted as part of the application :
( a) A site plan showing the following :
All existing or proposed buildings , to areas , lawn areas ,
( ii ) Distances to nearest residential ructures ,
( iii ) Ac ss road ( s ) to the site , an indication of type of proposed
surfa
( iv) On - site pa ng and r ds , with an indication of type of proposed
surface ; and
(v) All other requi me s as indicated in section 2 . 5 .
( 2 ) Standards of Evaluation
( a) Unless public wer is proposed to b extended , the adequacy for the
method of wage disposal will be deter ined by the lot size and soil
Suitabilit Appropriate letters from the Ora e County Environmental
Healt epartment , local jurisdictions and/or th State Division of
En ' onmental Management shall be submitted to ' dicate preliminary
proval .
( b) The landscape plan shall show how the facilities will be sc ened from
the adjacent properties . A Type D 50 foot buffer , as indicate ' Section
6 . 8 , shall be observed around the perimeter of the property . Thi uffer
shall be located outside of the required dimensional area indicated i
below .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 83
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
An annual report will be submitted on a date establishe the Planning
and Inspections Department .
(5) Managem Response to Pollutant Monitoring
( a) If contami is are found that reason y may be attributed to the
construction , op tion , and/or m ' tenance of the golf course ,
management plans s I be sewed to assess the problem . Appropriate
adjustments in the reso anagement and/or integrated pest
management plans all be ma to prevent further contamination ; and
( b) If sampling analysis indicate a tren ward increased
concent ons of contaminants or if the U . vironmental Protection
Ag y health advisory limits ( HAL ) or State grou or surface water
andards for thresholds are exceeded , then Orange ty will notify
the appropriate authorities .
53Z Camp / RetFeat G RW183
( 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 ) :
( 1 ) 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 .
{�}( d ) The site plan shall show the distances to the nearest residential
structure .
( 2) Standards of Evaluation
183 Retreat Center is being moved to the 'Assembly' land use category .
184 Red Bold Underlined text was relocated from subsection 2 , as detailed herein , as this is not a standard of
evaluation but a site plan requirement . Approved for relocation at the March 6 , 2019 Planning Board meeting .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 92
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
( a) Unless public sewer is proposed to be extended , the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability . Appropriate letters from the Orange County Environmental
Health Department , local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval .
( b ) The site plan Shall Shew the rlic + � nGes to the Re rest roc irlo 4
Str6i re0 185
{ 4Lt 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 .
04 c ) If private recreational facilities are proposed , the improvements must
meet the site improvement requirements in Section 7 . 11 of .this
Ordinance . The site plan for recreational facilities shall be reviewed by
the Orange County Recreation and Parks Director .
kc4 d ) Off street parking requirements shall be provided in accordance with
Section 6 . 9 of this Ordinance .
53m6 Race Track ( Motorized etG ) and Ge - Kart Track FaGilities
( A) Submittal Requirements
rmal site plan shall be submitted showing the current and pr sed conditions of the
prope including :
( 1 ) Existi Impervious surface calculations ,
(2) Location of st water retention site ,
(3) The location of all stru res their distance from all property lines ,
(4) The location of the se c fiel repair areas ,
(5 ) The location o etroleum storage con ers and re -fueling areas ,
( 6 ) The to ion of all existing vegetation and buf yeas ,
(7) parking areas including internal traffic circulation pa ns for the property , and
All other required information outlined within Section 2 . 5 of this rdinance .
( 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 .
(4)( 1 ) A 50400t wide landscaped buffer shall be installed along any portion ( s ) of
property with public road frontage in accordance with the provisions of Section
6 . 8 of this Ordinance . In those instances where there are existing structures,
raceways , or vehicular use areas already encroaching into the required
landscaped area; the applicant shall condense the required plantings into the un -
encroached landscaped area . The ultimate intent of this landscape area , for
existing and new facilities , is to .
( a) Provide noise attenuation ,
( b) Shield the direct view of the activities from surrounding residential uses ,
( c) Provide formal , defined , entries into the facility , and
( d ) Naturalize the perimeter .
185 Moved consistent with the information contained within Footnote 184 .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 93
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
{0}LA 200400t 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-} Existing and proposed signage shall comply with Section 6 . 12 of this Ordinance .
{12}L4LThe 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 .
(73)L5LThe facility owner shall work with NCDOT to complete a traffic intersection
analysis for access points along any state - maintained road or highway to
determine need for access improvements such as left turn lanes or deceleration
lanes .
44)L LThe 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 .
{ 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 .
{4}L8LA 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 .
474L9All new facilities shall install noise abatement systems to ensure compliance with
applicable County noise regulations . For existing facilities , the property
owner/ managers shall provide a noise abatement system to reduce sustained
noise levels at the property lines to the lowest practical level . To accomplish this
goal , the owners/ managers have the option of employing , either singly or in
combination , any of the following :
( a) Requiring all competition vehicles to have functional noise mufflers
attached at all times ;
( b ) Installing a system of noise baffles , berms , or walls on the perimeter of
the racetrack facility incorporated into the design and placement of any
lighting system and viewing stands , and/or
( c) Depressing the elevation of the raceway track surface , or
( d ) Some other innovative noise abatement system .
{48} 10 Limits on racing activities shall be such that no race shall extend beyond 11 : 00
p . m . on Friday and Saturday nights , or beyond 9 : 00 p . m . on other evenings .
Practice activities shall not commence before 10 : 00 a . m . on any day and shall
cease by 9 : 00 p . m .
4% 11 All external lighting fixtures shall comply with Orange County lighting standards
( Section 6 . 11 ) .
90} 12 No storage of hazardous materials shall be permitted , except for racing fuel and
lubricants . Such material storage areas shall be enclosed and posted and the
Orange County Fire Marshal shall approve a pollution incident prevention plan for
Orange County, North Carolina — Unified Development Ordinance Page 5 -94
Article 5 : Uses
Section 5 . 7 : Standards for Recreational Uses
the storage facility prior to final occupancy permits .
(.244 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 .
( M 14 The County shall approve a construction schedule to complete the items listed
above .
5 . 7 . 7 Guest Ranch
(A) Standards of Evaluation for AS & CZ Zoning District
Minimum lot size : 25 acres .
(2) Application materials shall include a comprehensive grou water study , for
facilities expected to use more groundwater on an annu basis than an average
ingle family residence ( which uses 240 gallons of wa r per day) built at the
h ' hest density the existing zoning district would allo . For example , if the
exi ing zoning district allows a residential density 1 unit for 2 acres and the
prop ed use is on a six acre parcel (which coul yield 3 residences ) , the
propos use ( s ) may use three times the wate used by an average single family
residenc or 720 gallons per day , on an an alized basis ) before a
comprehen ' ve groundwater study is requi d . The water usage rates of any
existing use bject to zoning regulation ocated on the same lot shall be taken
into account w n determining if a co rehensive groundwater study is required .
Said study shall tail :
( a) The amount f water antic ' ated to be used on a daily , weekly , monthly ,
and annual ba is by reg ated uses located on the parcel ( e . g . , water
usage by bona e far uses is not required to be included ) ;
( b) An analysis of the ount of groundwater withdrawal considered to be
safe and sustain le the immediate vicinity ; and
( c ) An analysis of hether o er wells in the vicinity of the proposed use are
expected to affected by ithdrawals made by the proposed use .
(3) Site shall have dir ct access to a maj road , as classified in the Orange County
Comprehensive Ian , and shall use sai road as the primary access , unless
approved othe ise in the permit .
(4) All structur , facilities , storage areas , and p king areas shall be located a
minimum f 100 feet from all property lines .
(5 ) Speci events are not allowed unless approved i he permit and may be limited
in du tion , frequency , number of people in attenda e , or other aspects .
( 6 ) L dspeakers and public address systems shall not be sed before 7 a . m . or
ter 7 p . m . if an existing residence is located within 1 , 00 feet of the facility ,
unless approved otherwise in the permit .
(7) All unpaved areas shall be maintained in a manner which prev nts dust from
adversely impacting adjacent properties .
TheaW 186
Use Standafd
Standards for the NG -2 and GC - 3 7nninn DiIstrintc•
186 Theater moved to the 'Assembly' land use category .
Orange County, North Carolina — Unified Development Ordinance Page 5 -95
Article 5 : Uses
Section 5 . 8 : Standards for Childcare & Educational Facilities
shill be ne R#ted
Limited + n 100 patFGR. s i9er iRdivirlu l igerfnrmaRGe
SECTIONi STANDARDS • ' CARE & EDUCATIONAL
5 . 8 . 1 Day rG -Center in a Residence
( A) Use Standards
No more than 12 clients , at any given time , can be served by the facility . 1S7
(A LgL.Submittal Requirements
( 1 ) In addition to the information required by Section 2 . 4 . 3 , the plot plan shall show
the following :
( a) The location of the residence in which the DayGa-re 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 epae-earea . 188
(2) A floor plan of the proposed nhile-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
minterrequirements to qualify fc) r ate GeRter in a Resirder, ne fnr 3 + n 12
Ghildrnn linence have been satnsfinrlfor said license have been . or will be . met
shall be submitted .
{ �} ( ) Standards of Evaluation
189
liGeRsn aFe. c r, + icfic�_190
(3) M There is direct frontage and access on a public state maintained road .
(4) ( 2 ) Adequate access to and from the site , as well as adequate space off the road
right - of-way, is provided for the safe pickup and discharge of sh+ldreR clients and
is provided in such a manner that traffic generated by the ��^ ore (` en + nr in
Receuse is not disruptive to adjacent residentially developed properties .
187 Staff is adding language , currently contained with the table of permitted uses and definition , outlining the
number of clients that can be served by the facility . Further we are eliminating references to `children ' as the use
is being modified to serve adolescents and adults .
188 Again , staff is adding clarifying language about the outdoor area .
189 Language has been moved to a new sub - section dealing with specific standards of evaluation for the care of
children and adolescents .
190 Same as above .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 96
Article 5 : Uses
Section 5 . 8 : Standards for Childcare & Educational Facilities
{5} ( 3 ) The plot plan shall show how the facilities will be screened from adjacent
properties . A Type B 30400t buffer shall be provided around the rlayG re Center
in -± Resid GeUSe and play/exercise area in accordance with Section 6 . 8 . 6 .
These buffers will effectively screen the view of any outdoor -area , and
reduce noise associated with the GhMid Ga-reoperation .
k&)LI Each Daycare Center in a Residence is required to provide at leastaminimurn of
75 square feet of outdoor 0-a-) -space for every e#4dclient 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 .
q4 ( 5 ) Fencing is to be provided around the outdoor space , which ensures the
protection of the Ghifd+nclients receiving cam' d-care and protects adjacent
residentially developed properties from trespass .
( &)L All gates shall be self- closing and self - latching .
( D ) Additional Standards of Evaluation — Care of Children and Adolescents
( 1 ) The Center in a Residence is to be located in an area . which is free from
conditions dangerous to the physical and moral welfare of the children .'
5 . 8 . 2 Child Care Facilities
( A) Use Standards
( 1 ) Standards in Commercial and Industrial Districts
( a) At least 100 square feet of outdoor pla space per Gh�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 fnr nhildren ' s play sp 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 Phildren clients shall be 10 , 000
square feet . The minimum additional area for multiples of eight ^ ham
clients shall be 2 , 000 square feet .
( B ) Standards fGr- of Evaluation for Class B Special Use Permit
( 1 ) Submittal Requirements
In addition to the information required by Section 2 . 7 , the following shall be
submitted as part of the application :
( a) Where a State license is required to operate the facility . € evidence that
the minimum requirements to qualify for
Gard fonili + „ linonse have beee sat+sf+edsaid license have been , or will be ,
met shall be submitted .
( b) A floor plan of the proposed sild-sa-Ke-facility , showing the use and
dimensions of each room and the location of entrances and exits .
( 2) Standards of Evaluation
191 Existing regulations moved from previous section . While staff is uncertain how such a provision can be
enforced we are recommending, at this time , the provision be maintained . It is likely the condition will be
eliminated in future amendment proposals to address the ambiguous nature of the 'standard ' .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 97
Article 5 : Uses
Section 5 . 8 : Standards for Childcare & Educational Facilities
( a) Facilities involving the care of children and adolescents shall Thera
Gaye fanirit „ is to be located in an area which is free from conditions
dangerous to the physical and moral welfare of the children . "'
( b ) Where a State license is required to operate the facility . the applicant
shall demonstrate T-the minimum requirements to qualify
said 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
I GhildreR and is provided in such a manner that traffic generated
by the rhilc-facility is not disruptive to adjacent residentially
developed properties .
( e) All Ghild p+*client 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 , 30400t buffer shall be provided around child Gare
ip+pthe facility and play-outdoor area in accordance with Section
6 . 8 . 6 . These buffers will effectively screen the view of any outdoor playy
area , and reduce noise associated with the ^ hiltedGarefacility .
( g ) Each nhild-ea-refacility is required to provide at minimum of 75
square feet of outdoor pla- c-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 rhilcrnldreR clients receiving ohifd-care and protects adjacent
residentially developed properties from trespass .
( i ) All gates shall be self - closing and self - latching .
(j ) Each Ghilfacility 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 ){ } 6
5 . 8 . 3 Schools : Universities , Colleges , and Institutes 193
eneel-Standard :Standards for Class-A-Spec; Eal Use Pe
Where 1dE) Rt * f0ed W ; thoR the SeGt ; E) R 5 . 2 , use shall be permitted with the V s s u a44G�9
ef a Qlass /1 CneGi l I Ice Permit in -� nrnrrJ -� nnn With the r� rn , iicinnc of this
this
( A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit or M3 , GC4 , O / RM , EDB = 2 , EDE = 2 , EDH = 4 , EDH = 5 , and MPD - CZ Zoning
Districts
192 All standards geared towards uses involving the care of children and /or adolescents are being moved to a new
section herein .
193 Staff is recommending existing regulations for the Non - profit Educational Cooperative, which is recommended
for deletion , be utilized to establish standards for the identified land use .
Orange County, North Carolina — Unified Development Ordinance Page 5 -98
Article 5 : Uses
Section 5 . 8 : Standards for Childcare & Educational Facilities
( 1 ) Submittal Requirements
In addition to the information required by either Sections 2 . 5 and /or 2 . 7 , the
following shall be submitted as part of the application .
( a) The site plan , in addition to other requirements detailed within this
Ordinance shall prepared in aGGerd �nn iAiifh SeGtii ^ n 5 , alse shew+R
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 clieRtS students and staff expected to use the facility .
( iv) Proposed hours and days of operation .
( c) Building plans for all existing or proposed structures to include floor
plans , elevations and sections showing proposed use .
( d ) Landscape plan , at the same scale as the site plan , showing existing or
proposed trees , shrubs , ground cover and any other landscape
materials .
( e ) Statement from the appropriate p blin Ser„ a agencies concerning the
method and adequacy of water supply and wastewater treatment .
(f) Statement from the appropriate p blin servo -agencies concerning the
provision of fire , police and rescue protection to the site and structures .
( g ) (;; Gp i of the orgaRiz tinn Rai Laws anal / nr 4rtinleG ref lnr� rlrPGrOtln
lTJ rl '
{ 4 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 .
Orange County, North Carolina — Unified Development Ordinance Page 5 -99
Article 5 : Uses
Section 5 . 8 : Standards for Childcare & Educational Facilities
( g ) The floor area of a building or group of buildings housing a Non . Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance .
( h ) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located .
/ The applinant must -dem-GRattatn- tcC i-aRGn with the Grin�finri + irnv'nrr ovTf
cnn-pr 6ic er'atTivn " aGTGGttZriRred ,inm 4rtinnlnn�10 of thTis
Orrdinonno
5 . 8 . 4 Schools : Elementary , nnG . dle and Se yPreparatory
( A) Submittal Requirements andStandards forof Evaluation for Class A Special Use
Permit and MPD - CZ
( 1 ) Submittal Requirements
In addition to the information required +R-bv either Sectionis 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 SeGti ^ n 2 . 7 . 3 f
this Ordinance and with the following additional information shown on the
plan :
( i ) Total student capacity of school as designed ;
( ii ) Total number of employees at time of greates shift ;
" i ) Number and dimensions of designated par ing spaces for school
buses ;
( iv) Number of designated parking space or employees ;
(v) umber of visitor parking spaces ;
(vi ) Nu ber of student parking spac s ;
(vii ) Locati n of student drop off p ints with stacking spaces
identifie
(viii ) Location o II proposed nd future athletic fields and structures ,
including :
a . Total n b of seats for spectators , and
b . Location concession stands , if any anticipated ;
( ix ) Proposed publi roa ay improvements ; and
( x) Existing an roposed i frastructure improvements (water and
sewer) .
( b ) 26 copies of a ndscape and Tree eservation Plan prepared in
accordance w ' Section 6 . 8 of this Or ' nance .
( c) 26 copies photometric plans prepared i accordance with Section 6 . 11
of this Or inance .
( d ) Estim ed water usage for structures , landsca ' ng and athletic fields .
( e) A T affic Impact Study, as required by Section 6 . of this Ordinance .
(f) Biological Inventory , prepared in accordance with ection
5 . 17 . 6 ( A) ( 2 ) ( b ) of this Ordinance .
( g ) A Resources Management Plan , prepared in accordance ith the
Resources Management Plan definition in Article 10 of this rdinance .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 100
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
( i Transportation improvements as deemed nece ary by the
Traffic Impact Study .
(v) T site shall be designed to take adva ge of multiple shared
use o ortunities , which may include Park and Ride facility for
public tra ortation .
(vi ) Site Access
a . There shall a nimum of two access points to the
site .
b . Access poi shall arate student drop - off areas and
visitor p ing from bus affic .
c . If sch I buses are used , t at least one access shall
be . ited to school employee d bus use during
ormal school hours .
d . All access points shall be located to p vide maximum
visibility and safety .
No driveway shall be permitted in a location t t will
hinder or congest traffic movement on a public s et .
5 . 3 . 5 Schools : Technical , Trade , and Skill Traininq
( A ) Use Standards
( 1 ) Standards for the LC - 1 , NC - 2 , CC - 3 , EC - 5 , EDHA and EDH - 5 Zoning
Districts
( a ) Structures shall not exceed 16 , 000 sq . ft . of floor area .
( b ) Schools shall involve only activities associated with Continuing
Education , Performing / Fine Arts , Sports and Recreation , and Trade
schools as defined herein .
( 2 ) Standards for the GC = 4 , 12 , I - 3 , EDB - 2 , and EDE = 2 Zoning Districts
( a ) Schools shall involve only activities associated with Continuing
Education , Performing / Fine Arts , Sports and Recreation , and Trade
schools as defined herein .
( 3 ) Standards for the O / ISM 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 flyinq 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 .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 104
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
SEC UTILITIES
TION -5 . 9 .n STANDARDS FOR5 . 9 . 1 Telephone Exchanges (without business offices ) , subscriber loop huts , pressure regulator
stations , water and sanitary sewer pumping stations
( A) Standards of Evaluation
( 1 The design of structures shall conform as closely as possible to the c aracter of
the area in which it is located .
( 2) Building or structures shall conform to the minimum building setb k distances
r the applicable zoning district and shall not exceed 800 squar feet in area .
(3 ) All uildings and structures shall be landscaped and screene according to the
stan rds that follow .
( a) uildings and structures which resemble residenti accessory structures
ust be landscaped and maintained in the char ter of a residential
ar
( b) Any tside storage areas must be fenced w ' a minimum five foot
fence d the area screened from adjacent roperty according to the
standar in this section .
( c) Lighting in d around these facilities s II be constructed and shielded
so as not to ine directly on adjoining roperty used for or zoned for
residential pur ses . Electrical and t lephone service to the structure
shall be placed derground . Type of lighting to be considered shall
include , but not b imited to , indo lights when visible through windows ,
outdoor lighting , au t mobile hea ights and signs . Devices to shield
lighting may include s ades , fe ces , shrubs , trees and natural
conditions .
( d ) Parking areas and drivew used in connection with facilities
constructed pursuant to th ' ection shall either be surfaced or shall be
located and maintained i a c ndition so that dust and dirt will not settle
on adjoining properties s a re It of their use . Driveway entrances shall
be located in a mann that will c ate as few additional traffic hazards
as possible .
( e) Screening
( i ) Buildin , structures , equipmen or material shall be screened by
either durable masonry wall , or fence , or by natural planting ,
desi ed to be compatible with the haracter of adjoining
pro erties , in order to materially scre n the uses within the
s ject property from the view of adjac nt properties .
( ii ) creening shall be required along any po ion of the perimeter of
the parcel , easement , or leasehold located djacent to property
zoned for residential use , except where such roperty is owned
or leased by a utility, and used by the utility for ublic utility
purposes .
ii ) Where screening is required , walls and fences sha be at least
five feet in height , but need not be greater than seve feet in
height , measured from the ground along the common t line of
adjoining properties . Walls and fences shall be constru ed and
maintained in a safe and sound condition .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 105
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
( iv) Where natural planting is used as scree ng , a strip of land at
least ten feet in width shall be resery for this purpose . The
planting strip shall be composed an arrangement of shrubs
and trees . The shrubs shall b vergreen and shall be arranged
in two rows as minimum an lanted at an initial height of at
ast three feet , with dist ce between shrubs being not more
th five feet . The sh s shall be of such variety that an
avera height of east six feet could be expected as normal
growthv ' in n ore than two years from the time of planting .
Trees , whic ay be eight evergreen or deciduous , shall
augment e a ngement of shrubs so that there will be a
screen ' g effect o pacity to materially screen the use within the
sub ' ct property from e view of adjacent properties .
( 4) The minimum r uired lot area for such u s shall be 5 , 000 square feet . The
facility shall located on a parcel or ease m t across the parcel , (whether
owned or, ased by the utility) which has been r orded with the Orange County
Regist of Deeds .
(5 ) ;Citl?ltsysshall
easements extending from an approved public o rivate road to the
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 Standards,Standards of Evaluation
( Perimeter fencing and setbacks for the utility structure shall be provided in
accordance with the National Electrical Safety Code .
(2) he components of the facility , including but not limited o towers , transformers ,
cir it breakers , metering devices , and supporting la t ' cework , shall be contained
withi geometric area not to exceed 12 , 000 squa feet .
( 3 ) The facili shall be located on a parcel or ease ent across the parcel , ( whether
owned or le ed by the utility) which has bee recorded with the Orange County
Register of De s .
(4) Access easements xtending from an a roved public or private road to the
facility shall be a mini um width of 3 eet .
(5) A Type E Land Use Buffe hall b rovided along any portion of the perimeter of
the parcel , easement , or lea h d located adjacent to property zoned for
residential use , except where h property is owned , leased or consists of other
utility easements currently ed fo electrical distribution or transmission
purposes or no other pur ses .
( 6) Existing vegetation wi in an easement , sehold or parcel of a public utility may
be used to satisfy t landscaping requirem ts .
(7) Modification to o replacement of existing faciliti shall be subject to the
requirements t forth in this Section . Pre existing cilities may remain during
construction f replacement facilities , but shall be dis antled after the
replacem t facility is in operation .
( 8) The p el or easement across the parcel , (whether owned leased by the
utilit on which the facility is located shall contain a minimum ea of 5000
s are feet .
(9 ) he applicant shall submit proof of liability insurance covering bodily i ' ury and
property damage demonstrating a minimum coverage limit of $ 500 , 000 . 0 per
occurrence .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 106
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
5 . 9 . 3 Public Utility Stations and Substations , Including Electric Substations , Metering , and
Switching Stations Receiving More Than 100 Kilovolts ( kv) of Electricity, Water
Treatment , Sewage Treatment Plant , Telephone Exchanges
( A) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permits
Submittal Requirements
In addition to the information required by Section 2 . 7 , the foll wing shall be
submitted as part of the application :
A site plan showing all existing or proposed build ' gs , storage areas ,
parking and access areas , topography at a con ur interval of five feet ,
any officially designated floodplains or alluvial oils .
( b) Plans and elevations for all proposed struct es and descriptions of the
olor and nature of all exterior materials .
( c) La scape Plan , at the same scale as t site plan , showing existing
and oposed trees , shrubs , ground co er and other landscape material .
( 2) Standards of aluation
( a) Perimeter ncing and setbacks fo the utility structure shall be provided
in accordan with the National ectrical Safety Code .
( b) The facility sha be located on parcel or an easement across the parcel
(whether owned leased by e utility) which has been recorded with
the Orange Count egister of Deeds .
( c) Access easements e en ng from an approved public or private road to
the facility shall be a mi ' mum width of 30 feet .
( d ) Where a building is in Iv and it is proposed to be located in a
residentially zoned d ' trict , i hall have the appearance suitable for a
residential district , it shall b screened from adjacent residential land .
( e ) Where buildings re set back fro road rights of way or from private
property lines b a distance of 200 eet , screening for the building will not
be required .
(f) A clearly vis ' le voltage warning sign s II be placed at the base of all
pad - moun d transformers and substatio
( g ) A Type Land Use Buffer shall be provide long any portion of the
perime r of the parcel , easement area , or lea ehold area located
adjac nt to property zoned or utilized for reside ial use except where
suc property is currently used for electrical distri tion or transmission
pu oses .
( h ) xisting vegetation may be used to satisfy the landsca ing requirements .
( i ) The applicant shall submit proof of liability insurance cov ing bodily
injury and property damage demonstrating a minimum cov age limit of
$500 , 000 . 00 per occurrence .
( ' The site is of adequate size for the sewage disposal system pro osed
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
Orange County, North Carolina — Unified Development Ordinance Page 5 - 107
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
addition to the information required in Section 2 . 7 , th following shall be
s mitted as part of the application :
( a) A site plan showing the following :
( i Location and size of all existing nd proposed structures ,
( ii ) Existing and proposed topo phy at a contour interval of five
eet and
( iii ) An officially designate loodways and floodplains , or the
prese ce of alluvial s ' s .
( b ) Plans and elevate s for all roposed structures and descriptions of the
color and nature of I ex rior material .
( c) A Landscape Plan , at same scale as the site plan , showing existing
and proposed trees lus rubs , ground cover and other landscape
materials .
(2) Standards of Evaluati n
( a) Adequate pr vision has been made , y means of fencing or otherwise ,
for the se rity of the site , including th rovision of a gate at the access
entranc of access roads leading to suc acilities .
( b ) A mi um lot size shall be adequate for the roposed use .
( c) A quate provision has been made for the prot tion of adjacent
operty from the dangers of collapse , fire , floodin r other menaces to
public health and safety .
( d ) The applicant shall submit proof of liability insurance cov ing bodily
injury and property damage demonstrating a minimum cov ge limit of
$ 500 , 000 . 00 per occurrence .
5oM Electric , Gas and Liquid Fuel Transmission Lines
( A) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit
Submittal Requirements
In addition to the information required by Section 2 . 7 , e following shall be
bmitted as part of the application :
( a) A site plan showing the following :
( i All existing and proposed ructures within the site of the line ,
( ii ) II existing structure ithin 50 feet of the boundaries of the site ,
a
( iii ) Officia desi ated floodways and floodplains .
( b) A plan of erosion sediment controls for the site .
( c) Typical cros ections the installation showing elevation of all
structure nd existing an roposed topography .
( d ) Plan nd elevations of all prop ed structures and descriptions of the
co r and nature of all exterior mat ' als .
( e ) Certification by the applicant that it is a blic utility and a statement that
the proposed installation is necessary to a omplish its public utility
function and that public convenience and nec sity will be served by the
proposed installation .
Standards of Evaluation
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Article 5 : Uses
Section 5 . 9 : Standards for Utilities
( a dequate provision has been made to protect ad ' property from the
dan f explosion , rupture , collapse , fir other menaces to public
health and sa
( b ) The public convenience essity shall be served by this proposed
installation , if in as propose .
( c) The scant shall submit proof of liability insura vering bodily
jury and property damage demonstrating a minimum cov limit of
$500 , 000 . 00 per occurrence .
5 . 9 . 6 Solar Array
( A) Standards for Accessory Use
I ( 1 ) tandards of Evaluation
ar sNsidential and non - residential land uses shall be allowed to develop o ite solar
as a customary accessory use subject to submittal of a professi nally
prep red site plan in accordance with Section 2 . 5 , demonstrating co pliance
with a licable standards as well as the following :
( a) thing detailed herein shall be construed as the County andating or
re iring property owners adjacent , or in close proximit , to a parcel
whe a solar array is being erected to manage , remo e , or otherwise
alter f iage to guarantee solar access to a propose array .
( b) Capacity , Volume , and Area Limits
Solar Array whether building or ground mount , shall conform to the
following limit :
0 ) Residen ' al
a . Ha e a rated capacity co istent with local utility
prov ers net metering licy not to exceed 20 kilowatts
(for el tricity) ; or
b . Have a r ed storag volume of less than or equal to 240
gallons (fo eated ater) ; or
c . Have a collec r rea of less than or equal to 1 , 000
square feet (for hermal ) .
( ii ) Non - residential
a . Limits shal be base n the average electricity, storage
volume , d thermal c lector area necessary to support
the nee s of the propos facility,
( c) Device ( s ) shall provid power for the princi I use of the property on
which it is located a shall not be installed a d/or used solely for
income generation urposes where power is so either to a utility
provider or other imilar third party entity .
This provision all be in no way construed as Iimiti the ability of the
property own to :
( i ) Tr sfer or sell excessive power generated onsi back to the
u ' ity provider or other third party entity or
( ii ) eceive credit from a local utility provider for the po r
generated onsite as a means to offset utility bills .
( d ) The roperty owner shall provide the County with written authoriz tion
fr the local utility company acknowledging and approving the uti
nnection .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 109
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
In of an array erected on a non - resid zoned property , the
array shall not d within an red setback , landscape , or
buffer area .
( e) If a gro unted array is removed , any ea ance shall be
ed 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 sh be
submitted as part of the application :
( a) A site plan showing all existing structures on the property , ny proposed
buildings or structures that are necessary to support the roposed array ,
existing and proposed storage areas , parking and acce s areas ,
topography at a contour interval of five feet , any offici ly designated
floodplains or alluvial soils .
( b) n assessment of the power needs for all structur s on the property and
th anticipated power generated by the propose array .
( c) The roposed arrays distance from all structu s located on the property .
( d ) Plans d elevations for all proposed struct res and arrays as well as
descripti s of the color and nature of all terior materials .
( e ) Landscape Ian , at the same scale as t e site plan , showing existing
and propose rees , shrubs , ground c er and other landscape material
(f) A soils report de oting the types of oil on the property including detail
on the compactio necessary to s pport the proposed development .
( 2) Standards of Evaluation
( a) The proposed array sh not equire the alteration of existing land use ( s )
to accommodate develop t .
( b) All on - site utility and tran i sion lines shall , to the extent feasible , be
placed underground .
( c) The height of propos arrays a support structures shall not exceed
the height requirem nts of the un rlying zoning district where the
property is locate s detailed within rticle 3 .
( d ) Individual array solar panels shall be signed and located in order to
prevent reflect ' e glare toward any inhab ed buildings on adjacent
properties a ell as adjacent street rights - f-way .
( e) A clearly v ' ible warning sign concerning volt e must be placed at the
base of pad - mounted transformers and subs tions .
(f) All me anical equipment , including any structure or batteries or storage
cells hall be completely enclosed by a minimum ei ht ( 8 ) foot high
fen e with a self- locking gate , and provided with scre ing in accordance
w ' the provisions of Section 6 . 8 .
( g ) he applicant shall submit proof of liability insurance cove ' g bodily
injury and property damage demonstrating a minimum cove ge limit of
$ 500 , 000 . 00 per occurrence .
( h A Type D Land Use Buffer shall be provided along any portion o he
perimeter of the parcel , easement , or leasehold area located adjac nt to
property zoned , or otherwise utilized for , residential use except whe
Orange County, North Carolina — Unified Development Ordinance Page 5 - 111
Article 5 : Uses
Section 5 . 9 : Standards for Utilities
such pro ed leased or consists i i y easements
currently used for electrica ransmission purposes .
Ex ' etation may be used to satisfy the landscaping req nts .
( 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 sha be
submitted as part of the application :
( a) A site plan showing all existing structures on the property , y proposed
buildings or structures that are necessary to support the oposed array ,
existing and proposed storage areas , parking and acce areas ,
topography at a contour interval of five feet , any offici y designated
floodplains or alluvial soils .
( b) lans and elevations for all proposed structures a arrays as well as
d scriptions of the color and nature of all exterior aterials .
( c) Lan scape Plan , at the same scale as the site Ian , showing existing
and p posed trees , shrubs , ground cover a other landscape material
( d ) A soils r ort denoting the types of soil on e property including detail
on the co paction necessary to support e proposed development .
(2) Standards of Evalu tion
( a) All on - site utilit and transmission lin s shall , to the extent feasible , be
placed undergro nd .
( b) The height of prop ed arrays a support structures shall not exceed
40 feet .
( c) Individual arrays/solar nel shall be designed and located in order to
prevent reflective glare t rd any inhabited buildings on adjacent
properties as well as adja nt street rights - of-way .
( d ) A clearly visible warnin sign oncerning voltage must be placed at the
base of all pad - mount d trans rmers and substations .
( e) All mechanical equi ment of prin ' al solar energy systems including any
structure for batte ' es or storage ce s , shall be completely enclosed by a
minimum eight ( foot high fence wi a self - locking gate , and provided
with screening ' accordance with the rovisions of Section 6 . 8 .
(f) The applica shall submit proof of liabilit insurance covering bodily
injury and operty damage demonstrating minimum coverage limit of $
500 , 0002 per occurrence .
( g ) A Type Land Use Buffer shall be provided al ng any portion of the
perim ter of the parcel , easement , or leasehold ea located adjacent to
pro rty zoned , or otherwise utilized for , residenti use except where
su property is owned , leased or consists of other tility easements
c rrently used for electrical distribution or transmissio purposes .
Existing vegetation may be used to satisfy the landscap g requirements .
( 3 ) Dec missioning
T applicant agrees to the following as conditions in case the utility to be
andoned :
( a) The owner/operator of the facility is required to notify the Orange ounty
Planning Director in writing 60 days prior to planned the cessation
Orange County, North Carolina — Unified Development Ordinance Page 5 - 112
Article 5 : Uses
Section 5 . 10 : Standards for Telecommunication Facilities
abandonment of the facility for any reason . This notice s I provide the
act date when the use of the facility will cease .
( b ) Doc entation shall be provided indicating that e public utility
purchas the power has been made awar f the decision .
( c) The facility s II be removed within 1 onths from the date the
applicant ceases se of the facilit
( d ) Once the infrastructu is re ved the property , the owner shall obtain
the necessary Erosion C trol permits to re - stabilize the property . The
time frame for comp ) on sh be determined by the Orange County
trol ic .Erosion Con er
( e ) The owner all provide financial sec ity in form and amount acceptable
to the my to secure the expense of mantling and removing said
str ures .
(f) pon removal of the facility , the Department sha ause a notice to be
recorded within the Orange County Registrar of Dee office indicating
that the Class A Special Use Permit has been revoked .
SECTION 5 . 10m. STANDARDS FOR TELECOMMUNICATION FACILITIES
. 10 . 1 Intent
XMasterTel
tions contained herein are designed to provide for the s/eenntegration of
cessary for the provision of advanced wireless telecomices through
nity with the goal of establishing reliable wireless servicovernmental
and first responders in a manner that provides for the pueneral welfare
ns .
5l ommunications Plan ( " Plan " )
( A) The Plan ' intended to assist providers in their search r suitable locations to build their
service net rk . The County may develop the Plan ap) , which would display locations
within the Cou ' s zoning jurisdiction where prop y owners have expressed formal ,
written , interest i Ilowing construction of telec munications equipment .
( B ) Information that may shown on the base an will include , but not limited to :
( 1 ) Existing towers ,
(2 ) Major transmission es ,
(3) County- defined Natural eas ,
(4) Historic properties ,
(5 ) Scenic corridors
( 6 ) Known bird gratory patterns throu the County ,
(7) Voluntar gricultural Districts , and
( 8) Publi y- owned or quasi - public lands .
( C) In order to articipate in the Plan , all owner ( s ) , or their leg binding representatives ,
shall su it an application on a form prepared by the Plannin Department requesting
inclus ' n .
( D ) Al elecommunication providers who elect to construct facilities on p perties in the Plan
all provide all necessary and requested information to the County' s t ecommunications
consultant .
( Modification of the Plan may be considered annually at the first Public Hearin f the
calendar year . Any applicant requesting modification of the Plan shall make app ation to
Orange County, North Carolina — Unified Development Ordinance Page 5 - 113
Article 5 : Uses
Section 5 . 10 : Standards for Telecommunication Facilities
( b) The proposed additional facility will comply with applica e regulations ,
restrictions , or conditions , if any , applied to the initial ' reless facilities
placed on the tower or other wireless support struct e .
( c) The proposed additional wireless facilities comply ith all federal , State ,
and local safety requirements .
( d ) The proposed additional facility does not exc ed the applicable weight
limits for the wireless support structure .
( B ) Submitta equirements
All applicatio s for telecommunication facilities that ar eligible for administrative
approval shall e submitted and reviewed in accor nce with the standards of Section
5 . 10 . 8 of this Or ' ance .
( C) Neighborhood Info ation Meeting
( 1 ) For all adminis atively approved wi less support structures , excluding
collocations , a n hborhood info r ation meeting shall be scheduled in
accordance with th provisions Section 5 . 10 . 8 .
5 . 10 . 7 Antennas Not Located on Wireless ec munications Support Structures
( A) General Standards
( 1 ) To minimize adverse sual i acts , stealth antenna types shall be preferred . If
a non - stealth anten is propos d , the application shall be required to
demonstrate , in a chnical mann acceptable to the Planning Director , why the
stealth antenna ' . e . an antenna inc oeated into the architecture of the building
or fully screen d from view from sight roximate to the antenna) cannot be used
for the partic ar application . This does of preclude a combination of the
various ty s of antennas .
(2) Antenn dimensions shall be subject to appr al by the Planning Director . A
state ent shall be submitted , prepared by a pr essional engineer competent to
eva ate antenna choices , to certify the technical eed for the required
di ensions .
(3) rior to the issuance of a Building Permit by the Inspe ions Division , the
application shall provide evidence that the wireless telec munication support
structure or antennas are in compliance with FAA regulatio s . Where an
antenna will not exceed the highest point of the existing struc re 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
I ddition to the standards established in Subsection A above , the folio ' g are
apple le to all Stealth Rooftop or Building , Water Tower , or Trans sion Line Mounted
Antennas .
( 1 ) Antenna hall not exceed 20 feet above the ro e of the building or support
structure , wa tank , or transmission line ;
(2) Commercial adverb ' shall not be wed on an antenna ;
(3) Signals , lights , or illumina ' all not be permitted on an antenna , unless
required by the FCC or t A
(4) Any related unsta equipment bui shall not contain more than 600 square
feet of gross r area per user or excee feet in height ;
( 5 ) Docu tation shall be required denoting that t erection of an antenna will not
c promise the structural integrity of the building , w r tank , or transmission
ine ;
Orange County, North Carolina — Unified Development Ordinance Page 5 - 116
Article 5 : Uses
Section 5 . 10 : Standards for Telecommunication Facilities
( If an antenna is erected on a transmission line , documentation sh e required
o that the antenna will not interfere , or be interfered , by the normal
operating racteristics of the transmission line ;
(7) If the equipment bui . is located on the of the building , the area of the
equipment building shall no up re than 25% of the roof area , and shall
comply with all State of North ro uilding Code requirements for the
proposed and existin ing ; and
( 8) Approval of lanning Director to ensure consisten ' th the definition of
stealt ility is required . Each application shall contain a re HQrjng or
tograph of the antenna including , but not limited to , colors and sdre<ing
devices .
( C) Standards of Evaluation for Non = Stealth Rooftop or Building , Water Tank or
Transmission Line Mounted Antennas
addition to the standards established in Sub - Section ( A) above , the following are
ap licable to all Non - Stealth Mounted Antennas :
( 1 ) Antennas shall not exceed 20 feet above the roofline of the subject uilding or
upport structure , water tank , or transmission line ;
(2) A ennas shall only be permitted on buildings or structures th are at least 33
feet ll . Antennas may be placed on buildings less than 33 et tall if public
safety eeds warrant the antenna ;
(3) Antenna and related equipment buildings , shall be loc ed or screened to
minimize t visual impact of the antenna upon adjac t properties and shall be
of a material r color which matches the exterior of e building or structure upon
which it is situ ed ;
(4) Commercial adve ising shall not be allowed o an antenna ;
(5 ) Signals , lights , or illu ination shall not be p mitted on an antenna , unless
required by the FCC o he FAA ;
( 6 ) Any related unstaffed eq " ment buildi shall not contain more than 600 square
feet of gross floor area per er or be ore than 12 feet in height ;
( 7) If the equipment building is Ioc to on the roof of the building , the area of the
equipment building shall not occ y more than 25% of the roof area , and shall
comply with all State of North r ' na Building Code requirements for the
proposed and existing buildi ;
(8) Antennas may be located n utility pole pursuant to the following regulations :
( a) The maximum eight of the pole ith antenna shall not exceed 70 feet in
height .
( b ) The utility oles shall be located on pu is property , within public
easeme ts , or public rights - of-way .
( c) The tenna shall be of a size and placeme t that is structurally
co atible with the engineering design of the ole pursuant to the North
C rolina State Building Code and attested to by professional engineer
icensed in the State of North Carolina , and comp ent to evaluate
antenna choices .
( d ) The antenna shall not extend more than ten feet abov the existing pole
height . If the pole is replaced to withstand the addition o
telecommunications equipment , then the same restriction all apply
except that the utility pole may be 20 feet higher than the ad cent pole
heights .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 117
Article 5 : Uses
Section 5 . 11 : Standards for Waste Management Facilities
(3) Facilities have been located , constructed , or modified without first IN
btaining , or in
a manner not authorized by , the required Special Use Permit , MlInLe
ny other
necessary authorization and the Special Use Permit may be r ed
( C) If the C my makes such a determination as noted above , then th County shall notify the
holder of e Special Use Permit for the facility within 48 hours It It said facility shall be
removed .
( D ) The holder of It Special Use Permit , or its successors o ssigns , shall dismantle and
remove such facile , and all associated structures , fro he site and restore the site to as
close to its original c dition as is possible , such re ration being limited only by physical
or commercial impracti bility, within 90 days of r eipt of written notice from the County .
However , if the owner of e property upon whi the facility are located wishes to retain
any access to the facility , th owner may do with the approval of the County .
( E) If a facility is not removed or su tantial ogress has not been made to remove the
facilities within 90 days after the p rm ' older has received notice , then the County may
order officials or representatives of e County to remove the facility at the sole expense of
the owner or Special Use Permit old
( F) If the County removes , or ca es to be re oved a facility , and the facility owner does not
claim and remove it from t site to a lawful cation within ten days , then the County may
take steps to declare th acility abandoned , a sell them and their components .
( G ) Temporary Use Per it/Agreement
( 1 ) Notwit tanding anything in this Section to Itcontrary , the County may approve
a to porary use permit/agreement for the facili , for no more than 90 days ,
d ing which time the holder of the Special Use rmit shall develop a suitable
Ian for facility removal , conversion , or re - location , bject to the approval of the
County , and the holder of the Special Use Permit and e County shall execute
an agreement to such plan .
(2) If such a plan is not developed , approved and executed wit the 90 day time
period , then the County may take possession of and dispose o the affected
facility in the manner provided in this Section and utilize the bon
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 . "'
(3) Minimum setbacks from the base of the antenna to the property boundary shall
be equal to 110 % of the tower height .
� SECTION 5 . 11 on STANDARDS FOR WASTE MANAGEMENT FACILITIES
5 . 11 . 1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
( A) General Stan Jards. Standards of Evaluation
( 1 ) ' of a arcel , or easement ac w ether owned
or leased by the public a d b the Orange County
Re ' s .
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 ) .
Orange County, North Carolina — Unified Development Ordinance Page 5111, 135
Article 5 : Uses
Section 5 . 11 : Standards for Waste Management Facilities
The parcel or easement across the parcel , ( whether owned or leamsed by the
ublic agency) on which the facility is located shall contai minimum area of
0 square feet .
( 3 ) The parce easement shall have frontage o State maintained road .
(4) A Type B landsca uffer , 30 ' in widt all be provided along the perimeter of
the parcel or easemen .
( 5 ) Fencing at least six feet i ig hall be provided between the landscape buffer
and the improved po n of the parc easement .
( 6) An entrance shall identify site as a sanit collection site , and shall
identify t responsible public agency . The sign s contain a maximum of nine
squ feet and shall not exceed eight feet in height . In ctional signs may be
ected as needed within the facility .
( The entrance to the site shall contain a travelway a minimum of 30 ' in th .
5 . 11 . 2 Landfills
( A) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
W( B ) Submittal Requirements and Standards of Evaluation for Class A and Glass -113
Special Use Permits NEED
( Submittal Requirements
In addition to the basic information required by Section 2 the following
. formation shall be submitted as part of the applicatio .
( a) Typical cross sections showing extent of ov rburden , extent of fill and
water table elevation , based on mean se evel datum ;
( b ) P osed handling and storage areas or overburden , by products and fill
mat ' als ;
( c) Propose fencing , screening an gates , parking , service and other
areas ;
( d ) Any areas prop ed for po ing ; and
( e ) Access roads to th ite as well as on site roads , with indication of
surface treatment to li it dust , and sight distances on all roads used for
access to the site .
(f) An Operations P n which s II include :
( i ) The to of commence nt of operations and their expected
dur tion .
( ii ) roposed hours and days of op ration .
( iii ) Complete description of operation , cluding source of materials ,
method of compaction , type of sealin roposed , types and
number of equipment to be used .
( iv) Any phasing of operations and relationship a ong phases .
(v) Operating practices to be followed to ensure co liance with
performance standards in Section 2 . 7 . 7 ( E ) .
197 Under existing regulations a landfill operation less than 2 acres in area is required to obtain a Class B Special Use
Permit . Staff is recommending the elimination of this distinction and requiring landfills, regardless of size , to
obtain a Class A Special Use Permit .
Orange County, North Carolina — Unified Development Ordinance Page 5136
Article 5 : Uses
Section 5 . 12 : Standards for Extractive Uses
( h ) The site plan has buffer from streams .
SECTIONDARD 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
LqLGep"a4--Standards of Evaluation
( 4 The borrow pit is located within one - half mile of the construction ' te ;
(2) rosion Control Plan has been approved by the Depar nt of Environment ,
Healt d Natural Resources ;
(3) The material e cted is to be used solely for tate or Federal road
construction project ;
(4) Road construction plans incl r sion for reclaiming the excavated area . If
the reclamation plan involves ' ' g excavated area , the fill material must be
inert material defined as eficial fill by Solid Waste Branch of the
Department of Envir ent and Natural Reso s , provided that the debris is
also associated ' a State or Federal Highway roa onstruction project .
Inclusion of sable or recyclable materials in the reclam ' n or filling of the
borrow should be minimized . A proposed debris recycling p am or a
st ent as to why material will not be recycled must be submitted eview by
range County .
5 . 12 . 2 Extraction of Earth Products
( A ) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
( 2 ) Processing of materials on - site . beyond incidental mechanical consolidation or
sorting to facilitate transportation off - site for further processing . is prohibited . 198
( B ) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
( 1 Submittal Requirements
I dition to the information required by Section 2 . 7 , t ollowing shall be
submi as part of the application :
( a) 26 cop ' of the site plan , prepared an appropriately licensed
professiona , hich shall contai e following .
( i ) Extent of a to excavated or mined .
( ii ) Aerial ph graph o ' te and all areas within 1 , 000 feet of the
pen er of the propert wn within two months of the
ication for a Special Use mit .
( iii Existing topography at a contour inter of two feet based on
mean sea level datum .
198 This is an existing prohibition contained within the definition of Extraction of Earth Products within Article 10 of
the UDO . Staff is including language herein to specifically denote the prohibition .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 139
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
( p ) he Board of County Commissioners shall require for all e ive uses
a per ce guarantee to insure that the provi of the
Rehabilitation e met . Such perf ce guarantee shall be in a
form approved by the Co ey . The amount of such guarantee
shall cover the cost abilitation er acre basis , if the cost does
not excee amount posted with the State . rehabilitation cost
s the amounts required by the State then the di e shall be
made up in a bond to Orange County .
SECTION 5 . 13m. STANDARDS - AGRICULTURAL
5 . 13 . 1 Agricultural Processing Facility
( A) Use Standards
( 1 ) Shall not be permitted :
( a ) As a Conditional Use District . Refer to Section 5 . 1 . 3 of this Ordinance .
( b ) Within the Rural Buffer land use classification , as designated by the
adopted Comprehensive Plan , as part of a Conditional Zoning District
r
application .
(A)LqL�G Standards fGr-of Evaluation
Application materials shall include a comprehensive groundw er study , for
facilities expected to use more groundwater on an annual sis than an average
single family residence ( which uses 240 gallons of wate er day) built at the
h ' hest density the existing zoning district would allo . For example , if the
exis ' g zoning district allows a residential density 1 unit for 2 acres and the
propos use is on a six acre parcel ( which cou yield 3 residences ) , the
propose se ( s ) may use three times the wa used by an average single family
residence ( o 20 gallons per day , on an a ualized basis ) before a
comprehensive roundwater study is re ired . The water usage rates of any
existing use subje to zoning regulat ' ns located on the same lot shall be taken
into account when de rmining if a omprehensive groundwater study is required .
Said study shall detail :
( a) The amount of wate nticipated to be used on a daily , weekly , monthly ,
and annual basis y re lated uses located on the parcel ( e . g . , water
usage by bon ide farm s is not required to be included ) ;
( b ) An analysi of the amount of g undwater withdrawal considered to be
safe an sustainable in the imme ' ate vicinity ; and
( c) An alysis of whether other wells in e vicinity of the proposed use are
e ected to be affected by withdrawals de by the proposed use .
(2) If loc ed adjacent to residentially zoned property , al uildings and outdoor
st ge areas shall be located a minimum of 100 feet fr the property line .
(3 ) utdoor storage areas shall be screened from the view of a adjacent
residentially zoned property .
199 As previously indicated the County' s Attorney office has advised symbols should only be utilized to denote
review/approval processes for land uses . Regulatory allowances/ prohibitions, such as the aforementioned
language, is being moved into the individual land use standards contained in Article 5 .
zoo This is existing language from Section 5 . 2 . 3 Table of Permitted Uses — Conditional Zoning Districts incorporated
herein consistent with advice from the County' s Attorney office to limit the use of symbols within the proposed
revision .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 143
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
5 . 13 . 2 Agricultural Processing Facility, Community
( A ) Use Standards
( 1 ) Allowed as more than 1 principal use if location on a bona fide farm . Refer to
Section 6 . 2 . 5 of this Ordinance .
(A)LBLG Standards fsr-of Evaluation
( If located in an AR or RB zoning district , facility shall be loc d on the bona fide
farm of one of the cooperative farm partners or must be p mitted as an ASE - CZ .
(2) The building shall not exceed 10 , 000 square feet in si .
(3 ) Ap ication materials shall include a comprehensiv groundwater study , for
faciliti expected to use more groundwater on annual basis than an average
single f ily residence ( which uses 240 gallo of water per day) built at the
highest de ity the existing zoning district uld allow . For example , if the
existing zoni district allows a residenti density of 1 unit for 2 acres and the
proposed use is n a six acre parcel ( ich could yield 3 residences ) , the
proposed uses ) use three time the water used by an average single family
residence ( or 720 ga ns per day n an annualized basis ) before a
comprehensive ground ter st y is required . The water usage rates of any
existing use subject to zon ' egulations located on the same lot shall be taken
into account when determi if a comprehensive groundwater study is required .
Said study shall detail :
( a) The . amount water antici ted to be used on a daily , weekly , monthly ,
and annu asis by regulate ses located on the parcel ( e . g . , water
IF
usage b bona fide farm uses is It required to be included ) ;
( b) An alysis of the amount of groun ter withdrawal considered to be
ISe and sustainable in the immediate inity ; and
( c) An analysis of whether other wells in the vi ' ity of the proposed use are
expected to be affected by withdrawals made the proposed use .
(4) ocated adjacent to residentially zoned property , all buil gs and outdoor
storage areas shall be located a minimum of 100 feet from It property line .
(5 Outdoor storage areas shall be screened from the view of any a cent
residentially zoned property .
5 . 13 . 3 Cold Storage Facility
( A) General Standards fGr-of Evaluation
( located adjacent to residentially zoned property , jaWar ings and outdoor
storag s shall be located a minimu feet from the property line .
(2 ) Outdoor storage areas screened from the view of any adjacent
residentially zon perty .
(3 ) T shall be located on a major road , as classi ' 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 .
IN
04LB _Genefat-Standards fsr�of Evaluation
( 1 ) The minimum lot size shall be 3 acres unless permitted as an ASE - CZ .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 144
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
(2) If located adjacent to residentially zoned property , all buildings and vendor areas
shall be located a minimum of 100 feet from the property line .
5 . 13 . 5 Composting Operation
( A ) Use Standards
( 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 .
z69
{a } ( b ) Within the Rural Buffer land use classification , as designated by the
adopted Comprehensive Plan , as part of a Conditional Zoning District
application .
( B ) General Standards fey 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 E - CZ .
(2 All operations shall be located a minimum of 150 feet from al roperty lines .
(3 ) The site shall be located on a major road , as classified in e Orange County
mprehensive Plan , unless permitted as an ASE - CZ .
(4) Out or storage areas shall be screened from view adjacent properties and
the roa right- of-way .
(5 ) All unpave areas shall be maintained in a ma er which prevents dust from
adversely im cting adjacent properties .
( 6) Compost piles s II not exceed 15 feet in eight .
(7) Operations that incl e grinding shall here to the following :
( a) Grinding shall b permitted my during the hours of 7 a . m . and 7 p . m . , or
as otherwise spec ' ed o he permit .
( b ) Grinding area shall b ocated a minimum of 1 , 000 feet from any existing
dwelling unit locate on jacent properties .
( c) Grinding area s II be locat a minimum of 300 feet from all property
lines .
( 8) Application materi shall include a comp hensive groundwater study , for
facilities expecte to use more groundwater an annual basis than an average
single family r idence ( which uses 240 gallon of water per day) built at the
highest dens ' y the existing zoning district would ow . For example , if the
existing zo ing district allows a residential density o 1 unit for 2 acres and the
propose use is on a six acre parcel ( which could yiel residences ) , the
propo d use ( s ) may use three times the water used by average single family
resi c nce ( or 720 gallons per day , on an annualized basis ) efore a
c prehensive groundwater study is required . The water usa rates of any
xisting use subject to zoning regulations located on the same I shall be taken
into account when determining if a comprehensive groundwater st y is required .
Said study shall detail :
201 Again , the proposed amendment is designed to include existing prohibitions currently denoted using symbols .
202 As previously indicated this is existing language from Section 5 . 2 . 3 Table of Permitted Uses — Conditional Zoning
Districts incorporated herein consistent with advice from the County' s Attorney office .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 145
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
( a) amount of water anticipated to be used on a dail ekly , monthly ,
and an asis by regulated uses located o parcel ( e . g . , water
usage by bona ' rm uses is not r ' ed to be included ) ;
( b) An analysis of the amoun dwater withdrawal considered to be
safe and sustaina the immediate it ; and
( c) An an of whether other wells in the vicinity o oposed use are
ected to be affected by withdrawals made by the propos e .
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 .
( 4} BL&enefal-Standards fer�of Evaluation
( In addition to the application materials required in Sections . 2 and 2 . 4 . 3 , the
Ilowing shall also be required :
( a) e number and location of particip cooperative farm partners .
( b ) A descri n of the facility , i ding size of structure ( s ) and access
locations .
( c) Number of e yees , ' ny .
( d ) Fre cy and hours of opera
(2) Sale any products not produced on the farm of one of the cooperative farm
rtners shall be incidental , related to , and a subordin 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
( Minimum lot size : 15 acres .
( 2) Site shall have direct access to a major road , as classified in the Ora e County
mprehensive Plan , and shall use said road as the primary acce , unless
app ved otherwise in the permit .
(3 ) All struc es , facilities , storage areas , and parking areas all be setback a
minimum o 00 feet from all property lines .
( 4) Parking area ( s ) all include sufficient space for p ing and maneuvering trucks
and horse trailers .
(5) Loudspeakers and publi ddress system hall not be used before 7 a . m . or
after 7 p . m . if an existing re ' ence is I ated within 1 , 000 feet of the facility ,
unless approved otherwise in t pe it .
( 6) All unpaved areas shall be mai in in a manner which prevents dust from
adversely impacting adjace ropertie
(7) Application materials s include a compre nsive groundwater study , for
facilities expected to se more groundwater on n annual basis than an average
single family resi nce ( which uses 240 gallons o ater per day) built at the
highest densit e existing zoning district would alto . For example , if the
existing zo g district allows a residential density of 1 u for 2 acres and the
propose use is on a six acre parcel ( which could yield 3 re ' ences ) , the
prop ed use ( s ) may use three times the water used by an av ge single family
re ' dence ( or 720 gallons per day , on an annualized basis ) before
omprehensive groundwater study is required . The water usage rate f any
Orange County, North Carolina — Unified Development Ordinance Page 5 - 146
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
sting use subject to zoning regulations located on the same shall be taken
into Ati&ount when determining if a comprehensive groupowater study is required .
Said study II detail :
( a) The amoun water anticipated e used on a daily , weekly , monthly ,
and annual basis regulat ses located on the parcel ( e . g . , water
usage by bona fide far es is not required to be included ) ;
( b) An analysis o e amount of gro water withdrawal considered to be
safe an stainable in the immediate ' inity ; and
( c) analysis of whether other wells in the vicini the proposed use are
expected to be affected by withdrawals made by the roposed 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)LBL.Geaeral�Standards fer of Evaluation
Outdoor display and storage of equipment shall be pe itted in the side and rear
yards of the primary structure and shall be screene rom view of adjacent
roperties .
(2) S vice bays shall be located at the side or rea of a structure and shall not be
visib from adjacent residential property or t road right - of -way .
(3) The site all be located on a major road , s classified in the Orange County
Comprehe ive Plan , unless permitted an ASE - CZ .
(4) Parking shall n be located in the fro yard space .
( 5) Application materia shall include comprehensive groundwater study , for
facilities expected to e more gr undwater on an annual basis than an average
single family residence ich es 240 gallons of water per day) built at the
highest density the existing ing district would allow . For example , if the
existing zoning district allo residential density of 1 unit for 2 acres and the
proposed use is on a six re pa el ( which could yield 3 residences ) , the
proposed use ( s ) may u three tim the water used by an average single family
residence ( or 720 gall s per day , on n annualized basis ) before a
comprehensive gro dwater study is re ired . The water usage rates of any
existing use subje to zoning regulations I ated on the same lot shall be taken
into account wh determining if a comprehe ive groundwater study is required .
Said study sh detail :
( a) The mount of water anticipated to be used a daily , weekly , monthly ,
a annual basis by regulated uses located on e parcel ( e . g . , water
sage by bona fide farm uses is not required to b included ) ;
( b) An analysis of the amount of groundwater withdrawa onsidered to be
safe and sustainable in the immediate vicinity ; and
An analysis of whether other wells in the vicinity of the prop ed use are
expected to be affected by withdrawals made by the proposed se .
5 . 13 . 9 Farm Supply Store
IN
( A) General Standards fer-of Evaluation
TTY
storage of products shall be per e rear yard of the primary
structure and s al m view of adjacent properties .
(2) orage areas shall not be permitted to encroac parking
Orange County, North Carolina — Unified Development Ordinance Page 5 - 147
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
spaces .
(3 ) II structures and outdoor storage areas shall be located a nimum of 100 feet
fro adjacent residentially zoned property .
(4) The si shall be located on a major road , as classifie n the Orange County
Compreh sive Plan , unless permitted as an AS &
(5) Parking shall of be located in the front yard sp e .
( 6) Application mate ' Is shall include a compre nsive groundwater study , for
facilities expected to se more groundwat on an annual basis than an average
single family residence which uses 240 allons of water per day) built at the
highest density the existi zoning dis ict would allow . For example , if the
existing zoning district allow a resi ntial density of 1 unit for 2 acres and the
proposed use is on a six acre r el ( which could yield 3 residences ) , the
proposed use ( s ) may use thre i es the water used by an average single family
residence ( or 720 gallons pe day , o an annualized basis ) before a
comprehensive groundwa r study is r uired . The water usage rates of any
existing use subject to z ing regulations cated on the same lot shall be taken
into account when de rmining if a compreh sive groundwater study is required .
Said study shall de il :
( a) The am nt of water anticipated to be use on a daily , weekly , monthly ,
and nual basis by regulated uses located o the parcel ( e . g . , water
us e by bona fide farm uses is not required to included ) ;
( b) n analysis of the amount of groundwater withdraw considered to be
safe and sustainable in the immediate vicinity ; and
( c An analysis of whether other wells in the vicinity of the prop sed use are
expected to be affected by withdrawals made by the propose se .
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 .
WLgLGenefa-Standards fer-of Evaluation
The minimum lot size shall be 3 acres , unless permitted as an A - CZ .
(2) II structures , equipment , and outdoor storage areas shall b ocated a minimum
o 00 feet from all property lines .
(3 ) The sit hall be located on a major road , as classifi in the Orange County
Comprehe ive Plan , unless permitted as an AS Z .
(4) Outdoor storage hall be permitted in the re yard of the primary structure and
shall be screened f view of adjacent perties .
( 5 ) Application materials sha include a mprehensive groundwater study , for
facilities expected to use mo r ndwater on an annual basis than an average
single family residence ( which s 240 gallons of water per day) built at the
highest density the existin oning trict would allow . For example , if the
existing zoning district ws a residen ' density of 1 unit for 2 acres and the
proposed use is on ix acre parcel (which ould yield 3 residences ) , the
proposed use ( s ) ay use three times the wate sed by an average single family
residence ( or 0 gallons per day , on an annualiz basis ) before a
comprehe ve groundwater study is required . The w r usage rates of any
existin se subject to zoning regulations located on the e lot shall be taken
into count when determining if a comprehensive groundwa study is required .
S d study shall detail :
Orange County, North Carolina — Unified Development Ordinance Page 5 - 148
Article 52 Uses
Section 5 . 13 : Standards for Agricultural Uses
The amount of water anticipated to be used on a daily , w , monthly ,
a nual basis by regulated uses located on t rcel ( e . g . , water
usage by ide farm uses is not re o be included ) ;
( b) An analysis of the amou undwater withdrawal considered to be
safe and sustaina e imme icinity ; and
( c) An a s of whether other wells in the vicinity roposed use are
pected to be affected by withdrawals made by the prop 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 .
( �4}( B l Standards fGr-of Evaluati� on
Gated in an AR zoning district , the minimum lot size shall be nless
permitte as -
( 2 ) If located in an AR zo c , outdoors o e located in the side or
rear s all be setback a minimum of 100 feet from the pr e .
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 .
EA�LqL.General Standards fer--of Evaluation
( 1 The building shall not exceed 10 , 000 square feet in size .
(2) If located adjacent to residentially zoned property, all buildi gs , outdoor storage
eas , and animal pens shall be located a minimum of 10 feet from the property
line .
(3 ) Outdoo torage of products shall be permitted in to e rear yard of the primary
structure d shall be screened from view of adjac nt properties .
(4) In addition to application materials required ' Section 2 . 5 or 2 . 9 , as
applicable , the fo wing shall also be require .
( a) The number location of particip ng cooperative farm partners .
( b ) Number of emplo es , if any .
( c) Frequency and hours f ope tion .
( d ) A comprehensive ground ter study , for facilities expected to use more
groundwater on an ann I b is than an average single family residence
( which uses 240 gallo s of wat per day) built at the highest density the
existing zoning distr ' t would allo For example , if the existing zoning
district allows a re dential density o unit for 2 acres and the proposed
use is on a six re parcel (which coul ield 3 residences ) , the
proposed use may use three times the ater used by an average
single family esidence ( or 720 gallons per d , on an annualized basis )
before a c prehensive groundwater study is r uired . The water usage
rates of y existing use subject to zoning regulate s located on the
same I t shall be taken into account when determini if a
com ehensive groundwater study is required . Said stu shall detail :
W The amount of water anticipated to be used on a da ' , weekly ,
monthly , and annual basis by regulated uses located o the
Orange County, North Carolina — Unified Development Ordinance Page 5 - 149
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
cel ( e . g . , water usage by bona fide fa ses is not required
to be i ded ) ;
( ii ) An analysis of th ou 00 groundwater withdrawal considered
to be safe and su a the immediate vicinity ; and
( iii ) An anal of whether other wells ' e vicinity of the proposed
u re expected to be affected by with Is 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)LqLStandards fGr-of Evaluation for Class A Special Use Permit or ASE- CZ Zoning
District
( The minimum lot size shall be 15 acres .
( 2) If located adjacent to residentially zoned property , all bui ings , outdoor storage
areas , and animal pens shall be located a minimum of 0 feet from the property
e .
(3) Out oor storage of products shall be permitted in t e rear yard of the primary
struct e and shall be screened from view of adj ent properties .
(4) Site shal ave direct access to a major road , classified in the Orange County
Comprehen ive Plan , and shall use said roa as the primary access , unless
approved oth wise in the permit .
(5) All unpaved area shall be maintained i a manner which prevents dust from
adversely impactin djacent properti
( 6) In addition to the infor tion requir by Sections 2 . 7 or 2 . 9 , as applicable ,
application materials sha also inc de a comprehensive groundwater study , for
facilities expected to use m e undwater on an annual basis than an average
single family residence ( whic ses 240 gallons of water per day) built at the
highest density the existing ni district would allow . For example , if the
existing zoning district allo a re ' ential density of 1 unit for 2 acres and the
proposed use is on a six cre parce which could yield 3 residences ) , the
proposed use ( s ) may u three times e water used by an average single family
residence ( or 720 gall ns per day , on an nnualized basis ) before a
comprehensive gro dwater study is requi d . The water usage rates of any
existing use subje to zoning regulations loc ed on the same lot shall be taken
into account whe determining if a comprehens e groundwater study is required .
Said study sha detail :
( a) The mount of water anticipated to be used o a daily , weekly , monthly ,
an annual basis by regulated uses located on e parcel ( e . g . , water
age by bona fide farm uses is not required to b included ) ;
( b) An analysis of the amount of groundwater withdrawa onsidered to be
safe and sustainable in the immediate vicinity ; and
( c An analysis of whether other wells in the vicinity of the pro sed use are
expected to be affected by withdrawals made by the propose use .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 150
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
5 . 13 , 14 Non - Farm Use of Farm Equipment
( A) Use Standards
( 1 ) Shall be permitted as more than 1 principal use if located on a bona fide farm .
Refer to Section 6 . 2 . 5 of this Ordinance .
(A)( B ) lenera �Standards #eof Evaluation
uipment shall be screened from view from adjacent pro er ' oad ( s ) .
( 2 ) Outdoor stora terials such a irt , or plants shall be limited in both
area and duration .
3 - si a retail sales shall not be permitted .
5 . 13 . 15 Stables , Commercial
( A ) Use Standards
( 1 ) Use shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3
of this Ordinance .
{ A}( B ) Submittal Requirements and Standards of Evaluation for Class B Special Use
Permit or ASE- CZ or MPD- CZ Zoning Districts
Submittal Requirements —
In addition to the information required by Sections 2 . 7 or 2 . 9 , as pplicable , the
following information shall be supplied as part of the applicati for approval of
t ' use :
( a) Plans for all barns , boarding facilities , exercise y rds , riding arenas , and
lated improvements , including signage .
( b ) Site Ian showing the improvements listed i a) above , other structures
on the ame lot , and structures on adjace t property .
IN
( c) A compre nsive groundwater study , f r facilities expected to use more
groundwater an annual basis tha an average single family residence
(which uses 24 allons of water p r day) built at the highest density the
IN
existing zoning dis ict would all . For example , if the existing zoning
district allows a re tial den ity of 1 unit for 2 acres and the proposed
use is on a six acre par I ( ich could yield 3 residences ) , the
proposed use ( s ) may use ree times the water used by an average
single family residence ( 7 gallons per day , on an annualized basis )
before a comprehensiv groun ater study is required . The water usage
rates of any existing se subject t oning regulations located on the
same lot shall be t en into account en determining if a
comprehensive oundwater study is re ired . Said study shall detail :
( i ) The ount of water anticipated to used on a daily , weekly ,
mo hly , and annual basis by regulate uses located on the
p cel ( e . g . , water usage by bona fide fa uses is not required
o be included ) ;
( ii ) An analysis of the amount of groundwater with wal considered
to be safe and sustainable in the immediate vicinit 0 and
1i ) An analysis of whether other wells in the vicinity of the roposed
use are expected to be affected by withdrawals made by e
203 in a future text amendment, staff will be recommending breaking out 'submittal requirements' and ' standards
of evaluation ' into separate subsections to avoid confusion . As part of this amendment package staff is adding
additional wording to ensure consistency within the UDO .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 151
Article 5 : Uses
Section 5 . 13 : Standards for Agricultural Uses
proposed use .
(2) tandards of Evaluation —
( a) Minimum lot size : 5 acres for up to 10 hor es , increasing by acre for
ch horse over 10 .
( b ) No p of any building , structure , ercise yard , or riding arena , in which
animals housed or exercise shall be closer than 150 feet from a
property line , cept propert ccupied by the owner/operator of the
facility . These mi ' um di ances shall not apply if all portions of the
facility , in which ani re housed , are wholly enclosed within a
building .
( c) The site plan sho s parking , a ess areas and screening devices for
buildings , ridin arenas , and boar ' facilities .
( d ) A sign cle y visible from the grounds be posted at the main
entranc to the facility and shall contain the mes , addresses , and
telep ne numbers where persons responsible the facility may be
co acted at any hour of the day or night . The sign II comply with
imensional requirements as set forth within this Ordina e .
5 . 13 . 16 Stockyards / Livestock Markets
( A) Use Standards
( 1 ) Use shall not be :
( a ) Permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of this
Ordinance ; or
( b ) Permitted within the Rural Buffer land use classification , as designated
bV the adopted Comprehensive Plan , as part of a Conditional Zoning
District application .
(-4) ( B ) General Standards fe�of Evaluation
( The minimum lot size shall be 10 acres .
(2 ) ite shall have direct access to a major road , as cla ied in the Orange County
C prehensive Plan , and shall use said road as e primary access , unless
appro d otherwise in the permit .
( 3 ) All structur facilities , storage areas , d parking areas shall be setback a
minimum of 1 feet from all prop lines .
(4) Parking area ( s ) sha include fficient space for parking and maneuvering trucks
and stock trailers .
(5 ) Loudspeakers and blic ad ss systems shall not be used before 7 a . m . or
after 7 p . m . if existing reside is located within 1 , 000 feet of the facility ,
unless ap ed otherwise in the p it .
( 6) All u aved areas shall be maintained in anner which prevents dust from
ersely impacting adjacent properties .
(7 If located adjacent to residentially zoned property , I animal pens shall be
located a minimum of 300 feet from the property line .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 152
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
Application materials shall include a comprehensive groundwa study , for
facilities expected to use more groundwater on an annual b is than an average
ingle family residence ( which uses 240 gallons of wate er day) built at the
hi st density the existing zoning district would allo . For example , if the
existin'q,7,oning district allows a residential densit f 1 unit for 2 acres and the
proposed is on a six acre parcel ( which c d yield 3 residences ) , the
proposed use may use three times the ter used by an average single family
residence ( or 720 lions per day , on annualized basis ) before a
comprehensive groun ter study ' required . The water usage rates of any
existing use subject to zon ' re lations located on the same lot shall be taken
into account when determini a comprehensive groundwater study is required .
Said study shall detail :
( a) The amoun water anticipate be used on a daily , weekly , monthly ,
and ann basis by regulated uses ated on the parcel ( e . g . , water
usa y bona fide farm uses is not req ' d to be included ) ;
( b) analysis of the amount of groundwater with wal considered to be
safe and sustainable in the immediate vicinity ; an
An analysis of whether other wells in the vicinity of the p osed use are
expected to be affected by withdrawals made by the propos use .
SECTIOND . - D FORMANUFACTURING ,
R
5 . 14 a#G e ti ,, �, 204
0 ) Facility mi .s e farm .
( 2 ) AAinimi im Int size : aGres .
( 3 ) Maximum building s9Ze: 3 , 0Q0 ? ni for T
must he IGG ted aminlml im of 200 font from the nreperty 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 . 2o5
( B ) Standards for EDB - 1 and EDE - 1 Zoning Districts
( 1 ) Uses shall be limited to 20 . 000 sq . ft . of building area . 2os
5 . 14 . 2 Microbrewery
( A ) Use Standards
204 Moved to Section 5 . 15 Standards for Manufacturing, Assembly, Processing, and Distribution — Other than Food .
205 As indicated in a previous footnote , staff is recommending a 10, 000 sq .ft . limitation on buildings for uses in the
NG2 zoning district .
206 As indicated in a previous footnote , staff is recommending a 20, 000 sq . ft . limitation on buildings for uses in
these districts . The recommended size limitation is based on the overall purpose and intent of the district to serve
low intensity land uses .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 153
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
( 1 ) Microbrewery Production Only and Microbrewery with Minor Events land uses . as
defined within this Ordinance , shall be permitted as more than I 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
Zoninq District application . Refer to Section 5 . 1 . 3 of this Ordinance .
( 3 ) Specific Standards for RIB and AR Zoning Districts
( a ) Only Microbrewery , Production Only shall be permitted for development .
( B ) Submittal Requirements
( 1 ) Applications for a Microbrewery , Production Only : Microbrewery with Minor
Events : and Microbrewery with Major Events land uses , as defined within this
Ordinance . shall include a comprehensive groundwater study , for facilities
expected to use more groundwater on an annual basis than an average single
family residence ( which uses 240 gallons of water per day) built at the highest
density the existing zoning district would allow . For example , if the existing
zoning district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences ) , the proposed use ( s )
may use three times the water used by an average single family residence ( or
720 gallons per day , on an annualized basis ) before a comprehensive
groundwater study is required . The water usage rates of any existing use subject
to zoning regulations located on the same lot shall be taken into account when
determining if a comprehensive groundwater study is required . Said study shall
detail :
( a) The amount of water anticipated to be used on a daily , weekly , monthly ,
and annual basis by regulated uses located on the parcel ( e . g . , water
usage by bona fide farm uses is not required to be included ) ;
( b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity ; and
( c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use . 207
( 2 ) Additional Submittal Requirements for MicrobrewerV with Minor Events and
Microbrewery with Maior Events
4 a ) In addition to the requirements in Sections 2 . 7 and / or 2 . 9 , as applicable ,
the following information shall be submitted with the application
materials :
( i ) Description of special events to be held on - site , including
frequency of events , hours of operation , anticipated attendance ,
and any other pertinent details .
( ii ) Location of overflow parking area ( s ) if required parking is not
207 Existing regulations governing the evaluation of a Microbrewery ( production only, with minor events, with
major events ) all require the submitted of a groundwater study . This language is repeated in 3 separate sections of
the UDO and is now unnecessarily redundant as we are combining all 3 activities within the Manufacturing,
Assembly, Processing, and Distribution Uses — Food land use category . Staff is recommending the existing
condition be placed under a central submittal requirement where we can indicate all activities have to abide by the
requirement rather than list the same standard 3 separate times .
208 Submittal requirements for a Microbrewery with Minor Events and Microbrewery with Major Events are
identical . Staff is combining both into a central section to eliminate unnecessary duplication .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 154
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
anticipated to accommodate all special events .
( iii ) A map depicting surrounding uses and the distance to residential
structures .
( iv) A description of retail sales and facility tours , if proposed .
{ ILqLStandards #e*- 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
( If located in an AR or RB zoning district , the microbrewery must located on a
a fide farm .
( a) acrobrewery , production only , that is ed on a bona fide farm , and
which es primarily crops prod on -site is considered a bona fide
farming use is not sub o zoning regulations .
( b) A microbrewery , ' on only , that does not utilize primarily crops
produced o e , regardles f whether it is located on a bona fide farm ,
is no nsidered a bona fide far use and is subject to the
gulations contained in this Ordinance .
(2) located adjacent to residentially zoned property , all bu s shall be located a
minimum of 100 feet from the property line .
( 3 ) AppliG tine materiels shall innliide o nemprehen
#ailities eXpeGted to i isn mare grni inrlw ter nn on annual basi
single family re line ( Whinh uses 24 9 ga lee of water per da built of the
evistiRg Znninn district ol !Gws residential rleRSi# � r n�Ttfar 7 areas and the
nrnpeserJ i ice is nn o siv once pernel / � nrhinh '� reseE_�� lc
pre pc) s Tyr x-aGc -c-�rtrcc ! ( w h ! G T c
p4 (a e use ( s ) may use three timed the water used bar on overage singlef T
�Fesidenne / 720 nellen per day , en en annuali
zedasis \ heT�zr
sive grou dwater study is required . The water usage rates Gf a-Ry
4e-R, w ter sti dy is rem iirerJ
. 209 ZJ
Sand study shall detail..
( a ) The emGuRt of water entinipoted to he used a daily , weekly , mn�nthl7r_
r nr ! on el�Ts by regulated i i ess lea ted en the parGe1�( e . g_water
i isonn by bend fide form uses is net required to be innli 1ded ) •
u�tt rztr-rT-r- -r�-r�r-re��ca--cv�c-nT��crccr�
( heal ester withdrawal nnnsideFed to he
safe and si istuineble in the immedi� VIGinit��Ra
( a ) A-R- aR lysis of whether ether wells in the ViGinit� f the prnpesed rise ore
evpented to he offented by withdo V Nals made by the prepGsed use ..
( D ) Standards of Evaluation for Microbrewery with Minor Events Class B Special Use
Permit or ASE - CZ and MPD - CZ ��
(-2)M 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}Lgj Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year .
209 Language moved to Section 5 . 14 . 2 ( A ) ( 3 ) above .
210 Moved from Section 5 . 6 . 8 of the UDO and renumbered . Standards have not been modified .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 155
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
(5)J�L 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 .
(5)fQ 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 .
g4LQ Food services are not allowed unless approved in the permit .
(SQ Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages . Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on - site . The permit may specify limits to these activities .
(G)LL.-Standards of Evaluation for a Microbrewery with Major Events for ASE- CZ or MPD -
CZ Zoning Districts . .
{ 4M 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)QJ Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year .
(5)f,41 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)LQ 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 .
(4L61 Food services are not allowed unless approved in the permit .
(8)fD The permit may limit the frequency of events .
{9 }L8 Retail sales are intended to be comprised primarily of products produced on - site
but may include complementary items .
a414 . 3—C aWn IrriS 212
( A) General Standards fo� uatoenirand-ASE - CZ Zoning Dicfriof
( 1 ) Minimum In + size : 5 acres .
� cr�s.
tJ tit
frGrn the prnporty lino
( 3 61FS Gf Gperatnn shall be limited to the hni irs bets eeR 7 a . m . and 7 r� m
( 4 ) Sitee sh�aIIl haa� r ��t, e d !FeGGtt_�ss� e � I as C assified i�e range Qniinty
Gemprohonsive Plan� d snaall u Se said read as the primary aGGess , undress
apprGved ethervolise in the permit
5 . 14 . 45 . 14 . 3 Winery,p edUGtiGn only
( A) Use Standards
211 As previously indicated submittal standards for a Microbrewery with Minor and Major events are identical .
Staff has combined and moved them to Section 5 . 14 . 2 ( B ) of this Ordinance . Evaluation standards have been
moved and renumbered accordingly .
212 Moved to a new Section 5 . 15 addressing development of non -food manufacturing operations .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 156
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
( 1 ) Winery Production Only and Winery with Minor Events , as defined within this
Ordinance , shall be permitted as more than 1 principal use if located on a bona
fide farm . Refer to Section 6 . 2 . 5 of this Ordinance .
( 2 ) Winery with Major Events , as defined within this Ordinance , shall :
( a ) Only be permitted within the ASE - CZ and MPD - CZ Zoning Districts .
( b ) Shall not be permitted within the Rural Buffer land use classification , as
designated by the adopted Comprehensive Plan , as part of a Conditional
Zoning District application . Refer to Section 5 . 1 . 3 of this Ordinance .
( 3 ) Specific Standards for RB and AR Zoning Districts .
1a ) 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
( a) The amount of water anticipated to be used on a daily , weekly , monthly ,
and annual basis by regulated uses located on the parcel ( e . g . , water
usage by bona fide farm uses is not required to be included ) ;
( b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity ; and
( c ) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use .
( 2 ) Additional Submittal Requirements for Winery with Minor Events and
Winery with Maior Events
( a) In addition to the requirements in Sections 2 . 7 and/or 2 . 9 , as applicable ,
the following information shall be submitted with the application
materials :
( 1 ) Description of special events to be held on - site , including
frequency of events , hours of operation , anticipated attendance ,
and any other pertinent details .
( ii ) Location of overflow parking area ( s ) if required parking is not
anticipated to accommodate all special events .
( iii ) A map depicting surrounding uses and the distance to residential
213 As with Microbrewery uses, Winery uses ( production only, with minor events, with major events ) all require the
submitted of a groundwater study . Staff is recommending the existing condition be placed under a general
submittal standard where we can indicate all activities have to abide by the requirement rather than list the same
standard 3 separate times .
214 As with a Microbrewery with Minor and Major Events, application submittal requirements for a Winery with
Minor and Major events are identical . Staff is combining both into a central section to eliminate unnecessary
duplication .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 157
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
structures .
( iv) A description of retail sales and facility tours , if proposed .
(f )LqLStandards far--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 .
hTiahejt deRj+ty the teRg ` nn ; Rg diSttFiGt wE) i ! d nllnW Gar exaR rpin if the
evistinn Zeninn rdistrint allew a rnsir-dential density of 1 i snit fer 2 anrec anrd the
ereepeese d i ice is nn psi el ( Whinh nei 11d yield 3 r une ) the
prepesed use ( s ) may use three tomes the watei: 6ised by aR average SiRgle fa # 1
� esffideGn ( nr_r20 nallnnc per day , nn nn anal alized basis ) hnf�a
into anne , int When determining if a nnmrrr 1
ensille ry rltni rni inntnr study is required .
Said study shall detail.:
�
( a ) The ame6lRtf waate� it eatedtn be used GR a ekly , menthly ,
anrd anni ial basis by regulated uses Ienated nn the parnel ( e . g . , , neater
usage by bona fide farm i` ses is not required to he innh iclnrl \
r'dere d to he
safea ustainable in the immediate Vininity ; anrd
( G ) AR analysis of whether ether wells OR the
expeGte l t� e affeGted by withdrawals made the� pepE) snil�e
( D ) Standards of Evaluation for a Winery with Minor Events Class B Special Use Permit
or ASE - CZ and MPD - CZ Zoning Districts
{ L11 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)L21 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)121 Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year .
{ L41 Loudspeakers and public address systems shall not be used before 7 a . m . or
after 7 p . m . if an existing residence is located within 1 , 000 feet of the facility ,
unless approved otherwise in the permit .
W ( 5 ) Special events shall cease no later than 9 p . m . on Sunday through Thursday or
11 p . m . on Friday and Saturday , unless approved otherwise in the permit .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 158
Article 5 : Uses
Section 5 . 14 : Standards For Manufacturing , Assembly , & Processing , and Distribution Uses - Food
{ } I Food services are not allowed unless approved in the permit .
(8) M Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages . Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on - site . The permit may specify limits to these activities . 215
( E ) Standards of Evaluation for a Winery with Major Events ASE - CZ and MPD - CZ
Zoning Districts
(-24LL 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)L21 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)L31 Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year .
{ 5)L!L 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 .
( }L51 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 .
g4L61 Food services are not allowed unless approved in the permit .
($)M The permit may limit the frequency of events .
(-g)JQ Retail sales are intended to be comprised primarily of products produced on - site
but may include complementary items . 216
5 . 111 . 5 Industrial , Lkjh
/ A \ Standards for the . / RI I Zoning district
he felleWnng nnl Iltiv�IQI ? c, s *nre permitted in the (l / RnA ZnniRg distrint when the
PryeipeI Use type is InrII IStri I l fight and -adhere te, he st Rda ef SeGtiGR
5A 4 5( A ) ( 2+1
( a ) Banks S?. Pinoneiol Inctit
( h ) Beauty S2. Barber Chees
( GI aliRdry S2. Dry QleaRing Cervix&
( rd ) nlightelub Rarer PIIho
T
( e \ Rectal lrantc • (` arry nl It
'
( f ) Restaurarits : General
T9
( g1 Retail 1 Glass
4 — Printing & I ithc) graphy
Z, i triet e aGGGrdaRGe-Wi#With
Gf use .
215 Existing standards moved from Section 5 . 6 . 11 of the UDO and renumbered accordingly .
216 Existing standards moved from Section 5 . 6 . 12 of the UDO and renumbered accordingly .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 159
Article 5 : Uses
Section 5 . 15 : Standards for manufacturing , Assembly , Processing , and Distribution Uses — Other than Food
/ h \ The PFinGhpai Use ofindustrial , Light must be established GR the
c 4e-a
( G ) The Multiple Use shall Ret eXGeed 0
SttFYGWFes`s 9n th�i4�
5 . 15 . 1 Manufacturing , Assembly , Processing and Distribution Uses - Other Than Food
( A ) Standards For El and I - 1 Zoning District
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 .
(4}(4 ) If located adjacent to residentially zoned property . all buildings and operations
must be located a minimum of 200 feet from the property line .
501465 . 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 ) Ea Financial ln .q fitutnerw Seryices219
( 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 , Q4&s4 limited to 12 , 000 sq . ft . of building area
( e ) Manufacturing , Assembly , Processing , and Distribution Uses — Other
limited to Printing & Lithography
( 2 ) Multiple Uses , identified in Section 5 . 15 . 3 ( A ) ( 1 ) , are permitted in the O / RflA
zc) n ; nn distftt only in accordance with the following standards :
217 Existing regulations from Section 5 . 14 . 1 of the UDO .
218 These are existing standards moved from Section 5 . 17 . 10 of the UDO . Please note staff is recommending
modifications to ensure consistency with other proposed changes .
219 Staff is recommending changes denoted in Red Bold Underlined Text to ensure consistency with other
recommending changes in the references to a specific land use category .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 160
Article 5 : Uses
Section 5 . 16 : Standards for Automotive/Transportation Related Uses
( a ) The site plan nmist 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 Eyaluation221
( 1 ) Minimum lot size : 5 acres .
( 2 ) All structures , equipment , and storage shall be located_ a minimum of 100 feet
frorn the propertV line .
Hours of operation shall be limited to the hours between 7 a . m . and 7 p . m .
( 4 ) Site shall have direct access to a major road , as classified in the Orange County
Comprehensive Plan , and shall use said road as the primary access , unless
approved otherwise in the permit .
STANDARDS • -
AUTOMOTIVE/TRANSPORTATION
5 . 16 . 1 Airports , General Aviation , Heliports , STOL 222
( A) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
( B ) Submittal Requirements and Standards of Evaluation for Class A Special Use
Permit
( 1 ) Submittal Requirements
In addition to the information required in section 2 . 7 . the following shall be
submitted as part of the application :
( a ) A configuration diagram depictingthe of runways , taxiways ,
approach zones and overrun areas . These diagrams should also be on
aerial photographs that show the area within five miles of the proposed
site .
( b ) Isotonic contours showing the effects of aircraft operations upon land
within one mile of the boundary of the proposed site .
220 Existing regulations from Section 5 . 14 . 3 of the UDO .
221 A Sawmill is permitted within the AS and ASE - CZ districts subject to the aforementioned standards . To ensure
clarity on applicable development standards, staff is recommending modification of existing language signifying
the standards are applicable in all districts .
222 Existing standards moved from Section 5 . 17 . 5 of the UDO and renumbered accordingly .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 161
Article 5 : Uses
Section 5 . 16 : Standards for Auto motive/Transportation Related Uses
( c ) The number and type of aircraft proposed to be stored including also the
storage areas for aircraft . fuel and motor vehicles , service areas for
aircraft .
( d ) How on site fire and rescue services shall be provided and a letter from
the appropriate agency stating services are available and adequate to
protect the proposed facility .
( e ) List land uses within the final approach zones of the airport .
( f ) Certification that all Federal Aviation Administration ( FAA ) and State
standards and requirements have been met .
( 2 ) Standards of Evaluation
( a ) All F . A . A . and State regulations are met as a condition of approval .
( b ) The site and its operation will not adversely affect existinq 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 . 16 . 2 Bus Terminal and Garage
( A) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
5 . 16 . 3 Motor Freight Terminal
( A ) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
5 . 16 . 4 Motor Vehicle Maintenance
( A ) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
5 . 16 . 5 Motor Vehicle Repair
( A ) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 162
Article 5 : Uses
Section 5 . 17 : Standards for Medical Uses
5.15 . 15 . 16 . 6 Motor Vehicle Sales / Rental ( New & Used
( A) Use Standards22s
( 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 - 1 Zoning Districts the display of vehicles outdoors
shall be limited to 32 vehicles per acre of property .
( 3 ) Within the GC - 4 1 - 1 k2 , 1 - 3 , EDB - 1 , EDB - 2 , EDE - 2 , EDH - 4 , and EDH - 5 the
display of vehicles outdoors shall be limited to 45 vehicles per acre of property .
(A)LqL.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 .
( 8)LgJ. -en-&ra-Standards of Evaluation
( 1 ) Property shall have frontage and direct access onto a State maintained roadway .
(2) Areas of the property designated for the display of vehicles for sale or rent shall
be improved with an all -weather surface ( i . e . concrete , asphalt , gravel ) and shall
not be used for any other purpose .
( 3) Additional vehicles , other than those offered for sale , rent or staff/customer
designated parking as required under Section 6 . 9 of this Ordinance , can be
stored on - site and shall be screened from view from adjacent properties and
public rights - of-way . Such vehicles shall not be included in the display limit
calculation .
P Stanrl�� for the NG4 EG 5 , and E - 11 Zoning Distrintc224
0 )The display of VehirleG niitdE) GF rh all ho limited to 32 Vehinles pe � nT�ef
cry. �nT-roc--rrn�-c
prepertye
T' h lay of yehides eutdoGrs shall be limited to 45 vohiGles per aGro of
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 sg . ft . of building area .
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
223 There are existing regulations governing the number of vehicles that can be displayed in the various zoning
districts land use is permitted . To ensure consistency and uniformity with proposed revisions to Article 5 , staff is
moving this existing language to the new ' Use Standards' section .
224 Subsections ( C ) and ( D ) have been relocated , as currently written , to Subsection ( A ) as detailed herein .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 163
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
5 . 17 . 2 Medical Uses
( A ) Use Standards
( 1 ) Shall not be permitted as a Conditional Use District . Refer to Section 5 . 1 . 3 of
this Ordinance .
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
IS
5: 16al5 . 17 . 3 Veterinary Clinic
( A) Standards fer- Of evaluation for Class B Special Use Permit or ASE- CZ or MPD - CZ
Zoning District
( 1 ) In the AR and ASE - CZ zoning districts , this use is intended primarily for large
animal facilities but may also contain an ancillary small animal component .
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line .
C . 1 2 Veterinary Glinin , vans mnhilo221
( AA) Standards for Class B Cd` npoon . al Use eerrmit or ASE - CZ or RADA - CZ Zoning Distri6t
( 1 ) In the R R _ 9 anrd SE - QZ ZGRiRg d1GtF ; GtSi
��e is ; nte ;; ded to he lena�d
parked t_ n� sidenr rear of the reSii- eRGe not ire front of the FeSidn�nlnn i� S
permitted otherwise in the peFmit
cTnz '
to three large nr small animals shall he r� nnsirdererl an annes ? nrv � e near
ttlavimi im ni imher of days an individual animal may he nhserverJ
Ienate a mini rd ma im of 100 font from the property line
leGatieR shall Ret be permitted , uRless spee. ifieally permitted ! R the permit .
5A6m35 . 17 . 4 Veterinary Hospital
( A) Standards fer-- of Evaluation for ASE- CZ Zoning District
( 1 ) In the ASE - CZ zoning district , this use is intended primarily for large animal
facilities but may also contain an ancillary small animal component .
(2 ) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line .
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 .
226 This land use is being recommended for elimination . If someone wants to develop a mobile vet clinic operation ,
such a use is best handled through the Home Occupation Permitting process as detailed within Section 5 . 5 . 3 of this
Ordinance .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 164
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
I STANDARDS FOR
USES
5s7a15 . 18 . 1 Chur chesAssembly Uses
( A ) General Standar 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 . 22T
( B ) Standards for all Residential Zoning Districts
( 1 ) Unless otherwise denoted within this section , assembly land uses shall observe
the following minimum setbacks .
fah € € rGhes are requiredetbaG s i�n resO eRti �+ l rliStri • the minim € € m shall be
�'TfQTv-fT�S'lrTTi ' GTr7CSL�T�TTl� JTQ'GTTCTLlTZ7lTCfT�� , ZC7T4'v
-� s fellews-.
�VPPT
TABLE STANDARDS IN RESIDENTIAL
SETBACK DISTANCE ( FEET)
Front 45
Side 50
Rear 50
( 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
( Submittal Requirements
addition to the information required by Section 2 . 7 , the folio ng information
sha e supplied as part of the application for approval o is use :
( a) A scription of the exact type of facility pl ned , the size of the building ,
the nu er of participants ; a signed s ement from the owners or
operators t the facility will be o rated by a non - profit organization .
( b) A site plan show the loc on of the existing and proposed buildings ,
access points , parki ervice areas , and outdoor recreation areas .
( c ) Building plans f all existi or proposed structures .
( d ) Landsca plan , at the same sca as the site plan , showing existing or
pro ed trees , shrubs , ground cove nd any other landscape
terials .
(2) S dards of Evaluation
( a) Lot size shall be adequate for the method of sewage osal , and for
the other improvements proposed or required .
227 There are existing prohibitions within Section 5 . 2 . 3 Table of Permitted Uses — Conditional Zoning Districts
limiting certain land uses from being developed on property located within the Rural Buffer land use category .
Staff is including such prohibitions in Article 5 .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 165
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
The site plan shall show the boundaries of the site , Istances to the
rest residential structures , access points ing areas , service area ,
locatio roposed existing buildin
( c ) The landscape p hall b he same scale as the site plan and
should show how t s will be screened from the adjacent
properties , i ition , to prop o or existing trees , shrubs , and ground
cover
( d Elevations of buildings should show that the bui s preserve the
residential character of the area .
5 . 1 . 3 Gem neFGial Gem$taerle-s- 28
( AA) Standards # er Glas .q R SpeGmal Use Perm a +
( 1 ) Submittal Requireirnents
li_n_ iC) R te the ir; ferrmatie ,RrequjYpd byCeGtiGR 2 . 7 the fnIIn + nring shall be
Qhapter 65 nan he anhfeyeed and that the standa�rrds of the (� I . G ,
Geme�_QGPR , 4SGFnn shall he met
( 2 ) Standards of Evaluation
( a ) A Iminimi im Iot size n# t ern anrns i
p
s rnvirJerJ
( b ) The site shall have dirnnGacGesteaa eel! e r nr arteri�reet
( G ) There he adequate sparse withinithe site far the parking and
rmaRe'uve-r-iRg Gf fHRer�arG-Gffirti ' Agla-vs
A I� In inter�mnrnRtS shall tarn plane within 39 feat Gf aRylet-lie _
5 . 1�General Aviation Airports , Sand Heliports-229
( A ) Standards for Class /1 Speni .al Use QeR:R
NN Cuhmi ++ 71 Requirements
,IR addition totheinformation requ 0rnrlca-i rseGtinvRz-7 the following shale
Ji bmitt d as mart of the applinatinn :
apprnanh -genes and nitiarninn nreas_ These diagrams she ild also he nn
feral phetegraphs that shGw the area within five miles of the ororrnsed
&4e-
( b ) lSGt�Gnnn�rrS ShGWinn the effents of airnraft eperations i roan land
\ f1 / lthln nee m e o ilf the oi in h
( G ) TTrhn—ni -imhher and t tpe of airnraft proposed to he stored innlu d * igg also the
n riis +ttGgear nrrairnroft , fuel and metery sec nr
amrGraft .
( d ) I- GW nn site fire and rnsni� e.�inns shall he preyirled and a lattnr rrrrrn
prGtteGt the pFepesed fanility .
( e ) Lest land uses within the final appreanh 2; E) Res f the airnert
228 Relocated to the Service land use category .
229 Relocated to the Automotive and Transportation land use category .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 166
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
Gertifinatinn that all Federal AyRatlen Ad d at (AA) and State
Standards and requirements have boon mot
( 2 ) Standards of Evaluation
( a ) All G A Q d S; fate regi nations ore me
\ "`�r��r-�•-r� r.-i�}u-t7raTc-r are met
( b ) The cite Iand -45S eperatiGRWJ� gt-adverselyfent exist 0 R9
vitins Codianent Iand
Tc1 Land Si iffinient to P G de appreaGh_iGRes
Gentrelled by the t .
td \ Adequate land area i preyidedfer all ef the. Prepeseduses , buildings
and ryagge areas .
( e ) SG ing of buildings, st� tev age a nteRaRG `
adjacent residential land
( f ) Letters from apprepriat e and reScwe agencin that pFetenti p. see�ro�+6�
v � `
T9
( g ) Ancess shall he diretly eRtn a State maintained road
' c' '
( hh) Gemnatible land uses-Corn I neat ed in the final approanh�CoTV s Af t
pert ,
5.5 17 IIAainr Subdivision
( A) Standards far Class A Cnenlal Use Permit
( 1 ) Submittal Requirements
In addition to the infnrmatien required e� n� the �e
i i sbmitted as mart of
( a ) f� lntificatinn
Stamped envelepe addressed to each GWRer of prenerVI within 500 feet
Thenames and addresses of
r-n..
�ptty n � n � nnrs shall h�S� G4rrent listing as shn � ntn in the
property
aG 1nty Land Rennrds system
( b ) Peyelonment Scheele
( n1 Water and Wastewater
( i ) If the prepe ed Ints are to he served by a publIG waterc
my andnd SerVlce�Tlability in the h9rM G�
G e ' `"
e water custom nrnViding the water to cen [n
th'e ' GtS in the siibdiviSion
0
0
If the nrepesed Ints are e be served by apubli sewyer _systemr
fG publiG sewer
�� n a ailahilit i in the" fnrm of a certified
nnrly of a resnli 1tinn to that effeGt eRaGted by the gGyerning body
ev the sewer system preyiding the sewer serviGeZvn the Intl in the
Orange County, North Carolina — Unified Development Ordinance Page 5 - 167
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
( iii \ i the prnpnserd Into are to he served by a nnmmi inity water
�rrrJ �-�rvpv� ca-rvLTUTc�v-rn-���
and ,' Or Sewer system , Prnnf that the system ( s ) will be npnrot9d
either rdiren + ly by nr throe gh GGRtraGt with the water
"tnr and ,lnr cower
n prv'�o i dcr—�o e s e� --� n ] r i�--v--rc�c.c a ac a G -i-rrtcer nc. e s ti--carFCCi it Is , ^'--cam-d ci i R
Agreement and Map adGPtP. Gi QP. G.3P. Mber 3 , 2001 , and as may be
zip-i'i -Cf-tllGd frrem time to time
` ' /
�o� lf the nrnnncn rJ Into are to he served by iRdivid ial wells y�
Gnmmi inity wells a prnfessinnally preparnid Rdwater vie
tai-rnrcai-llysis rluattiRg the c n� tG tl aI
Sure IA n + nr P� ^ UTGE? S IRVeStigatiGRS Rnpnr+ (1 (1 _ 4286 nerd any
If the prnpnserd lets are to he served individual S tiG SyStem44,01
the_€ rnnTmTnn Wealth [Division shall submita repnrt inrdinatinn
en sparse if a
crr�cccc�-rcc
4e ers ' assnnia + iron amnnitii io prnpnserd to he nonc + n Gter•d
Within�opeR space .
Z
( rd ) Open CpaGe (` nnnertivity
A map that rdemenstrates that the opnn cnnnn Gempesitic) R , aaGGess� it*
shape anrd size rent iirnments set Perth in Ceetinn 7 1 `� of this
z-rcc�a�r�c„ra-� set� vrcrr-n--rvcccrvrr�rv��
(DrdiRanGe aFe to he me +
tej al & tyrmr an _ /d An e Rnr� TGe'S
" � table ,
slope by ,drnlegy , eget =tine Rat aiRd, arehahitats of spenial
nnnern i r� nfras + ri iG iTe and otherGGnstruGted features , hictnrin and
arr.'Th7aenlnrYinal s4es , a;pd 1AS1.1 & I analysTTvf, Iw/ ; eywIG i ntn anrd from the site
( f)Pe ddess4lan GyL Plan
If the cI lhpli � iisinn is Innaterd in a Transition Area designated a
G6Irh GR the and Use Element of the Qnemprehencive Plan a
plan for sidewalks Gr pp Sian / hike lanes as part of the piihlin
reads Using, where rrepprlaate_alteFRatiye f� lerth Car
Department of Transperta-tir } R design e-al-raG l,Res that ,ino,l-uue
pedpedestrian/bike lanes as part of the pi ihlin reard system .
Lii \ Gar proposals nnt 19Gated i� ansiti area aR e,
F
per-destrian plan shall he si ihmitterJ
ccr.
( n�))l andSGape Plan Pintails
A IandGGape and tree preserva + inn plan that shGVW' S th
( i \ The prnpese I9nn + andri an types of e ry plantins
( 40 The existiRg Hate iral Ian Gape with evistiR_+ npenraphy
(diil_ The width of readside anal perimeter buffers to he left
(, v The eppR spaGe ( prnpnsei-d i R diS irhei-d and prnpnscd iMpro
as w 11 as type of n11 / neFSWP
( 2 ) Addotwonall bmittal Req sir TmT.r .q - For all applocatwons of r odo /laa �v-ivies
T
/ a \ lird Waste
� �
TheaC.i
lnnatlen Within the sy b diVisinn of a selird waste G. . , ninnen
TTG� TL
er (�rieRldteserve the si bdivisien and where apprepprriiaa,te,tt,ihe
area in whiGh the si ihrdiyislen is Inr ate
Orange County , North Carolina — Unified Development Ordinance Page 5 - 168
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
lh \ Rinloginal ! Rventery
/ i� ) al ORVeRtory Whioh identifies the follewmg •
a Habitat diversity ,
b , pegies diVirS I ,,
n SpeGies of special � cnnern curin as these designa ed as
threatened er enrdang
d Last IlAGWR sighting
,
r Ganrdirdatn neGieG iik4y to he present Wh ' n�h may
f 919 ree e t tanrding insize.-aR
r� The tati i anrd ni irne of the infnrmatinn nmmpilerd in the
f
T� bielegiGalhall he r rnmmp 7niorl by an anolvc �
-� Habitat integF*,
h r� c Rnlatinnshi Kenn habitats anrd try egninGgginal
onmmi in ' toes effcitn
Go Ant evi ting throats to flora anrd fed
rl potential fnr habitat nnhannemnni
CG €RW FO R
A mitigation n is rani liter) when any -wetland Or nt er enyirnmmentolly
-S +tilio orna identified in e nrr th hieliG l iRyentnry will be altered
rT11
ijit of rdeyelnpment of the si bdi
9s nor! str6i ire asSC) G ,ated 4hthes bdiyicinn The
mit gJatien Plan hall innli irde the ,feliewing •
/ i AR assesssm�. eRt of the eGOIl7gl Tr GGYrGes that will be
In + and a tatement of helm that vale ie will he replanerd + hre igh
�I A nenifig statement of the go� and e gti e. , exaGt y
\ 11 / what will he taboo to e Rsatte fGF ' Gst-rhrahitat etn •
/ iii� Detailed rdnsnrintinns in the farm of gr_ aardin G GGRSttrra
s to ills istrate hew the ebjeGtavLs � n�h9-o
oarried out ;
/ iV \ A mnnitnring anrd mnlnfnnanne plan to measure .sci ai 'o--gcess of-the
m-mitigation based nn taterd ohins + iVes Inoll irde a list of partin-s
rn peR ihle fnr monitori g anrd malntenyasnrnn , a- Sn-hecri rlre-fnr
eanh and how results will be rnn�rterd to the PlanRlRg and
lnspentlnns Department •
(V ) A Wlan shewing hewthe site will
animal intri icing altnrn� otopant cgpr��
" " F � "
and eGRStrHGt ' GR methods t at Gould he used in the event
adjis tmgRtc er si ihstiti itinnc are neerder•d i intil the mitigation area
1 `^ " " , . „ �-vr-,a ccr'�cr-arrRrn'T �r9zscrcm-u�-tea
/ vi \ A finannial guarantee is req nrerd fnr the total nest of the
itigatinn nrni �+ (loon the installation is annlnletn 3904 of the
et + nor nfrGrerdi + er ecgrew will be helyd fnr 12 mnnthFIS
er i 1ntil the site i established , whigheyer is greater
/ rl \ Traffin Study
/ i \ �Atlra` .ff;in impant cti dy i required with all applinatinnc fnr the
Orange County, North Carolina — Unified Development Ordinance Page 5 - 169
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
a . with mare than 4n lets eytsirde of trans 0tii
areas ,
b , S i di icT iGRS With mere than 89 In } c Within + rand + inn
urea .
0")Te study j#all inGude an aRalysis-e# the-Reed far nuhlir read
imprreyerAe S G161rlinn n Sian erlenttcdonhanromontc far
nvnreite ward nff _ oit nrn tnments ac saidimr� rnriements r ate to
r� prvao�rrras �r pFevcrrreRtsr
the Laval n� rn i nanted her } ha deyelepmnn +
she traffic imnaGt stud h,-- ne prepared in aGrn�Tre with e
eeall.1iremeRtSf-veGtinevi-60179
r3Ctnndards of Evaluation
(a ) The prnieGtmeets all applicable design standards annd-Gther
rani
i irements of this Qrrdinanre
Thl The nrei rt-fie .. all cerv+ n criteria as set fertrh be
Ti \ Fire _ ideRtifieS the primary and sennnrlary rnsnnni eFs and the
se irre ( s ) of water .
�P9�£�ircRt� s �the rrpriman � anrJ sernnrlani resr�eG�e
( iii ) ReGGGe se�eessidentifies the primary anrd sernndary
respenr•ders
( ; V ) water Supply sni erne aand f water supply .
1Alas + e ` e(��e7r,Ten
wastewater treatment sni irce
requiredWWII NZIS
h� 5 . 1 7 )( 2 ) ( b ) anrd are sFjec+ to + he fnlln \ A / Ing
i ) i i n nrdisti irked hi iffer is
habitats of rare threatteRed er enrdangoreeJpeGies G_S ,rh, ernGR
the giGal! R ( eRt y . R61ffer Wo dth shall he detter� Ter1site.
eyali iatinn in ronsi iltatinn with the appliran } ' s bieingict aged
( iiTahi + ., } pr� hannemen + s as rJnsGrerd in the hinlegiGal inrren } nrrr
aprtat eRha TLeiTi
shalld ripe n� fsneni� s to help mitigate } hn
less of rnr dlife habitat d firing censtn 1 Gt ! 9 R . Examples inrli ii-de .
a pres� o� Oan + inn ward maintaining a variety f na + ivn
yege inn ( also rdeai-d + ran anr'd snag \ •
h Installing s + ri i res cnnrdi f ng si ieh as bird
uF.�U-rc�--cvr,-QuEN�� 9f'��I
houses r hat haves designedand IGGated for yarini
r Qreating wetlands ;
( irr ) nnser iatinn ea emnn + nr ether arreptahle means si i as
`n �vrr.�cr�o-cr'crvrr�cn-r S-vrv�cr a-ccc�-cctr✓r—rrrc��
dediGatwen to a pubk ageRGy , nr nGGRSeryancrr or a hnmeewner '-s
wssnria } inn are rent iirerJ } n nrntert rnre + lanrd wnr•d ether habitat
While �f ! r !' R g p4)-per l9 .. -tie ;t2 C� }�
(ey ) Prevode Barr- nee_ rrs nr fearing anr-d signage at the edge eff habitat
bufferstc prc) hibitao ehiGaraand pe-�edest ian-GGeSS . ited
aaGrn s magi he allvewed' if q� eeJe�R aceRFti e�TRe�nQr
n enmental ei-di rn f rP9
c�-�Kvr-m-rcrnur-i..uuct�t
( d ) LandGGapiRg anrd 861ffers
Orange County, North Carolina — Unified Development Ordinance Page 5 - 170
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
/ i1 Existing
xi tine y e�+ inn shall he preserved as inr•linoted nn the
rr�C�ST�rrrr�v� preserved v � u u .�—rrrcrrcucccrvrrzrr�
Seenn 6 S2 of the this 04RaRG
TreeL3-. nn meosi Tres shall he installed and R - intainerl
-e- �Ctivrrr-rrcct�arc�-o �a
let ieeRall areas of d ' sti irhenc—eand trees be retained as
ed as part of the
ion •Ianrcn - renl � ns submitted with the anplina . , . ,
/ iii \ Corridorsnnnnentino habit -its identified in the hinlnninol inventery
hall he preserved aInnn treams buffers , nr other Wnnr•led
areas.if destreyed dHr+RC-GRStHaGtiG , syGh G RReG#eRs shall
nri -, te plant materials •
N 3
' i� ) Trees Rd sti imPs nleafc) r mads and building GGAStrUG4044
ekq either shredded fe
BUT f jOT BUR jF= D
fvBerms , f� feeRGes and Ianrlsnapinn w l �
\` // ed-cin ich f�arn are de inner! and.
IE) Gated in hormnny with site features and fi inntaens •
/ � ii1 Tn m nme mn ii4 ' -� E�dinnT rg arc- hriteGtccare iRtG the
ffreests 4:�g entraRGe
( vie ) Use of xeris I lGinles
/(eStnrmw ter MaRa Cement
/ il) A Stermwater management plann shall he prepared and rev ewed
in a an `ne with the PFeVisienc of SeGtinn 6 14 Of th ' S
Qrdinonne
All draiRage strUG_tFeS will be be fnst and maintained onnnrr•linn
strHnti i� stvrm nerr measures shall
on ed i� R OraRgeQGWRtyEresi .eR,
AaRual and this QrdwRaRGel
( ii \ (` on to intinn i phased to the extent nraotinol to minimize
cl ' sWrbaRGe and
( i $ t Sed t_nnn + measuFes will be properly installed to filter
sedument from ri innff d irinn nnnstri intion and maintained i 4
-arrcrn-rcc,Trcu„--r�.. c�-c�rrc � i
orarlinn is nnmr� lete and a permanent vegetative never has heap
e tahli hed nnr•I all lepe stabilized ; anti
l v1 PeFm pent I nilsneninrr nrni � nr-1neyer mmarnh�etGwill be
. > >
installerd a snnn as rlra sal after nnn ntiyities far eanh
Trrsnz�-rc � cx�i c�after s t�FC�i$F�accrvrRc��vr-ccccr-r
phase are nnmpletes!
( n ) lid Waste Management plan
A snlird waste mananement plan _submitted as mart of the ReseHrGes
Management Ran shall innli de the methnrd ( s ) ref r•Iisnn al and renvnlinrr
Ih \ lrrinotlen
TT-`
Orange County, North Carolina — Unified Development Ordinance Page 5 - 171
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
( i ) Irrigation systems T fnr the s brivisinn anr t he Into i�nr tnhre
wr+� teF eeReeryatinn plan rdnserber'd in the ReseHrnes
Management Plan siihmitte , d � n , ith the applinatien •
1iilThe ResGuFGGeS Mawnawnernent RBIaaR shall den�y cn61rc (c S ) Gf
wpr ttj for Kigati9R , thP. VGIIHRRP� aV a i 1 a h I e fnr t h a t
purpose and expenter^d ran she system deGIgrr
ARd pIa fnr npperatinn will he evaluated n�� n�nff�� ran gy
( iii ) Water rpn � ,JEled from stnrmwate K
eteRtiGR PGRGIS or treated
wastewater` ffIue„ t may be L iced fer irrigatienTthere it is a
legally permitte ,-d alternative
( i ) Habitat k4aintenanne
( ice}Thrabit� a� d ' c-al iRVGRtn (p� /,� (a� rn/r� J� rh� abitatsserreaaTed
through m'TC7g'atie � shall e'TTrfC iRtaiRe r-iR aGGE) rda RnGe With t
Res Aanag eat Plan anrd /nr a gnnseFyatinn easement
r-rc� A�FFC�� efl� cvrrrcrvurrvrrccrrcr-rrcr-rr
agreement ; anrd
maintaining hi iffers anrd enhan rants rmm � val of ntin / non _
�Z�Rd eR a GemeRtS, remvvur f e�C�T
ative \ plant speeies and keepiRg rdraInagp � n , ays f ; inntinning
0)AGnGess
existi g pi iblin reads shall nnnfnrm to anrd he in nnmplianne � e , ith any ,
��cr,7rrK�g �rrcn-r cvn�-prrurT
( k) Maa'' Rtenark e of Imprnoemnrat_
All site i��emeRt�anh as reads utilities ( innli ding irrigation
and drainag Str6I res ) habitat enhanGermr.reRtS , FeGnGreatG� 4
aamen�j , signage lands open spanGe—etrG_wi1�e
�,; MaiRte-n-iaRGG Spee+#+c as t
-m -ve R s if a n „ fnr n n _ g n i n g site gge m
areas ) shall he submitted as part of the ReeseuTGes Man m �t
Ptettt ners ' Ossnnlatlen
5a7m65 . 18 . 3 Ruraa "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 rdefine ,-d with this (lr ,^dinanne
04 ( 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
230 Existing regulations moved from the ' Recreation ' land use category ( i . e . Section 5 . 7 . 5 )
Orange County, North Carolina — Unified Development Ordinance Page 5 - 172
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
( 1 ) Submittal Requirements
In addition to the information required by Section 2 . 7 , the following shall be
submitted as part of the application :
( a ) A site plan prepared in accordance with Section 2 . 5 , also showinq the
following ( existing or proposed ) :
0 ) Buildings ,
ii ) Campsites , .231
( iii ) Storage areas ,
( iv ) Fencing and gates ,
( v ) Outdoor recreation areas
NO Access road ( s ) to the site , as well as on site roads , with an
indication of type of proposed surface .
( vii ) Distances to the nearest residential structure . 232
( 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 adequacyfor r the
rilethod 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 ) Thesite Plan hall how the distaRGes to the nearest res ; dential
� tr nt rec
( 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 .
5817a75 . 18 . 5 Rural Special Events
( A) General Standards for Evaluation or ASE- CZ or MPD - CZ Zoning Districts
231 Language being deleted as ' camp sites ' are not typically associated with a retreat center .
232 Existing standards moved from subsection 2 as identified below ( see Footnote 233 ) .
233 This language is being moved to 'submittal requirements ' . It is not a 'standards of evaluation ' but required
information for the site plan .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 173
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
( Must be located on a bona fide farm .
(2) In addition to the requirements in Section 2 . 5 or 2 . 9 , as applic le , the following
anformation shall be submitted with the application material .
( a Description of special events to be held on - site , ' cluding frequency of
events , hours of operation , anticipated attend nce , and any other
ertinent details .
( b) Lo ation of parking area ( s ) .
( c) A ma depicting surrounding uses d the distance to residential
structur
( 3) The temporary or s sonal commerci activities that comprise the special event
must pertain to agricu ral or rural - r ated activities .
( 4) If located adjacent to resi ntial zoned property , all structures , facilities , storage
areas , and parking areas sh I e setback a minimum of 100 feet from all
property lines .
(5 ) Events permitted by rig in the A RB , and AS zoning districts shall be limited
to no more than 150 ople at one t e and shall occur no more than 12 days
per year . Events e eeding these limi must be approved as an ASE - CZ or
MPD - CZ .
( 6) Loudspeaker and public address systems all not be used before 7 a . m . or
after 7 p . m f an existing residence is located thin 1 , 000 feet of the facility ,
unless a roved otherwise in the permit .
( 7) Spec ' I events shall cease no later than 9 p . m . on day through Thursday or
11 m . on Friday and Saturday, unless approved oche ise in the permit .
( 8) ood services are not allowed unless approved in the per it .
( 9 ) Documentation shall be submitted from the Fire Marshal and uilding Inspections
Department stating that all areas open to the public meet state ulations .
5 . 17 . 85 . 18 . 6 Theater
( A ) Use Standards
(1 ) Drive - in Theaters shall not be permitted as a Conditional Use District . Refer to
Section 5 . 1 . 3 of this Ordinance .
( B ) Standards for the NC - 2 and CC - 3 Zoning Districts
( 1 ) Shall be located in - doors . No outdoor performances or drive - in theater facilities
shall be permitted .
( 2 ) Limited to 100 patrons per individual performance . zss
G 17 9 ResearGh FaG4 fv 236
( A) Standards for the 0 / 11RIIAZoningIlsiriiG4
234 Inclusion of language addressing existing prohibitions and limitations within the districts .
235 Standards are designed to address existing size limits for the identified districts contained in the UDO ,
specifically limits on the number of daily travel trips that the use can generate within the NC-2 and CC- 3 Zoning
Districts .
236 Research operations without manufacturing components have been moved to the Office land use category . As
a reminder Research operations with a manufacturing component have been moved to the Manufacturing,
Assembly, Processing and Distribution land use category .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 174
Article 5 : Uses
Section 5 . 18 : Standards for Miscellaneous ASSEMBLY Uses
( 1 ) The following Multiple Uses aFe peFrnitted iR the Q/ RIVI zariing distriGt when t
P 'Arian, Ian type is R es adhere tG tt4e starRd
( a) BanItS S2. FlR '7Rnl '] l InM ! ti it Tnrj
( b ) Beauty & Barber Shops
( n�_La inrint k Dry I leaRiRq ServiGes
A NightGlHhc Rorc Pubs
4e ) Re t i rtG : Carry Out
( fi� Resta irontc : Genera
( gg ) Retail Class 1
( h ) PYlnting S2 I i + hngraphy
( 2 ) Multiple I I,.se_ideRtified in Sentinn 5 . 17 . 9 ( A ) ( 1 ) , are permitted in the Q,/ RM
n PlaR MU St irlen + ify the cgi igre fnntr+ ge of egr+ h ctn iGWre by time
of use .
( h�� e PriTnipai Use type nfRe e -+ rnh PaGility must he estghlis ri M th
(r ) The Multiple I Icy hollT�t�G � the tnt -� l L; i ap�f ;�
ctri Intl irec n4 +amh e sote .
� . 1T . 10 Roco � rnh and Man � � fa0 gyring Fanility 237
( A ) Standards for the O / RM Zoningg f19 i�t
The full rin AIII + Ipie Uses are permittedOR e (l / RSA inning rlic + rirt When the
PrORnip l Use type is Rese rnh and MaR ifaGtifiring Penility and adhere to
standards ef SeGtiGR 5 . 17 . 19 ( A ) ( 74
( a ) BaRks S2 Pinonniol Inctiti itinnc
(T\ LaYRdry & Dry GleaRiRgSerViGs
( � \ nlightznliE �s , Bars , Pubs
( f ) Restaui aRtG : General
T97
( g \ Retail (-` lace 1�T
( hh ) Printing & Ltheg g�y
(� iiltiple 1 i `�� irl� lf� dOR 9eGtin��7T1Q ( A \ (warn permitted in the (l / Rt\ A
gone with the fn11n _
of
Lh \ The Prlrinlp l Use type ef� sea �G and MaRufaGWFiRgFanilit�i istbe
est ned nn the ci + &�.
=n \ The AAA iltiple Use shall nn + n 0/ of the to
an urn-rTv�e�C c r�vr-rrrc-cv
G #61Gti i� resnn the
237 Ibid .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 175
Article 5 : Uses
Section 5 . 19 : Standards for government uses
5 . 19 . 1 Government Uses
( A) Use Standards
( 1 ) Military Installations shall not be permitted as a Conditional Use District . Refer to
Section 5 . 1 . 3 of this Ordinance .
5 . 20 . 1 Office and Financial Service Uses
( A) Use Standards
( 1 ) Specific Standards for the LC - 1 , NC - 2 , EC - 5 , EDH - 1 , and EDH - 2 Zoning
Districts Zs
( a ) Uses shall be limited to 15 , 000 sq. ft . of building area .
( b ) No outdoor storaqe of equipment or materials shall be permitted .
( c ) Drive - thru facilities are prohibited .
( 2 ) Specific Standards for EDB - 1 and EDE = 1 Zoning Districts239
( a ) Uses shall be limited to 30 . 000 sq . ft . of building area .
( b ) No outdoor storage of equipment or materials shall be permitted .
5 . 20 . 2 Building /Trade Contractors Office with Equipment Storage Yard
( A ) Use StandardS240
( 1 ) Equipment storage yards shall be :
( a ) Setback a minimum of 50 ft . from all property lines .
( b ) Enclosed by a minimum 6 ft . high fence .
( c ) Screened along all sides with a Type A Land Use Buffer as detailed in
Section 6 . 8 of this Ordinance .
5al 8a15 . 20 . 3 Research Facility Without Manufa2turing241
( 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 NCm2 Zoning District
( 1 ) Uses shall be limited to 12 . 000 sq . ft . of building area242
238 Staff is replacing existing 'standards' contained in the UDO limiting the total number of daily traffic trips for
these districts and replacing same with an overall building size limit . Further we are including language , currently
referenced in definitions , limiting outdoor storage of materials .
239 Staff is including language establishing a distinction between low intensity economic development districts
( EDE4 and EDB -2 ) with high intensity economic development districts .
zoo Existing standards are not specific on setbacks and land use buffer . Staff is taking existing staff interpretations
and incorporating same as the regulation of this land use , which is now being broken out into a separate category
as part of this amendment process .
241 This is the existing Research Facility land use category . The words 'Without Manufacturing' have been added to
create a distinction between this category and the ' Research Facility with Manufacturing' land use category also
contained herein .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 176
Article 5 : Uses
Section 5 . 21 : STANDARDS FOR Retail Uses
( C ) Standards for the O / RM Zoninq 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) Rya Financial Seryices244
( 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 , C, 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 th� he Q/ Rm
zononq 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 .
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 . 24s
( 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
242 As indicated throughout this document there are size and intensity limitations for land uses within various
general use zoning districts . Staff is recommending a specific, measurable , standard to allow the reader to identify
what will and will not be permitted .
243 These are existing standards moved from Section 5 . 17 . 9 of the UDO . Please note staff is recommending
modifications to ensure consistency with other proposed changes .
244 Staff is recommending changes denoted in Red Bold Underlined Text to ensure consistency with other
recommending changes in the references to a specific land use category .
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 .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 177
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
disposal , or land use buffer area on the property .
( iii ) Displays shall not block entrances and exists to the structure .
( 3 ) Outdoor sales /displays shall be allowed in other districts subject to the
following :
(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 .
( 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 uses 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 stud is re uq ired .
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 . q . , water
usage by bona fide farm uses is not required to be included ) ;
( b ) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity : and
( c ) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use .
247 Staff is clarifying and incorporating existing interpretations on the outdoor display/sale of merchandise .
248 Existing standards moved from Section 5 . 6 . 4 of the UDO . Staff is recommending keeping the category for now .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 178
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
5 . 22 . 1 Malor Subdivision249
( A) Standards for Class A Special Use Permit
( 1 ) Submittal Requirements
In addition to the information required in Section 2 . 7 , the following shall be
submitted as part of the application :
( a ) Notification
Stamped envelopes addressed to each owner of property within 500 feet
of the property proposed for subdivision . The names and addresses of
property owners shall be based on the current listing as shown in the
Orange County Land Records system .
( b ) Development Schedule
A statement , from the applicant . indicating the anticipated development
schedule for the build out of the project .
( c ) Water and Wastewater
( i ) If the proposed lots are to be served by a public water system ,
proof of water supply and service availability in the form of a
certified copy of a resolution to that effect enacted by the
governing body of the water system providing the water to serve
the lots in the subdivision .
( ii ) If the proposed lots are to be served by a public sewer system
proof of public sewer service availability in the form of a certified
copy of a resolution to that effect enacted by the governing body
of the sewer system providing the sewer service to the lots in the
subdivision .
( iii ) If the proposed lots are to be served by a community water
and / or sewer system , proof that the system ( s ) will be operated
either directly by or through contract with the water and /or sewer
provider whose service area or interest area it is , as defined in
the Water and Sewer Management Planning and Boundary
Agreement and Map adopted December 3 , 2001 , and as may be
amended from time to time .
( iv ) If the proposed lots are to be served by individual wells or
community wells , a professionally prepared groundwater yield
analysis relating the proposed wells to the U . S . Geological
Survey Water Resources Investigations Report 00 - 4286 and any
later USGS Water Resource Investigation Report data available .
( v ) If the proposed lots are to be served by individual septic systems
the Environmental Health Division shall submit a report indicating
approval for each building lot and for the open space if a
homeowners ' association amenity is proposed to be constructed
within the open space .
( d ) Open Space Connectivity
A map that demonstrates that the open space composition , accessibility ,
shape and size requirements as set forth in Section 7 . 13 of this
Ordinance are to be met .
249 Standards moved from 5 , 17 . 6 of this Ordinance to a new Miscellaneous Uses category . Staff is not proposing
any changes to existing regulations .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 179
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
( e ) Natural & Human - Made Resources
A written and graphic site analysis illustrating soils , depth to water table ,
slope , hydrology , vegetation , natural areas and habitats of special
concern . infrastructure and other constructed features . historic and
archaeological sites , and visual analysis of views into and from the site .
( f ) Pedestrian / Bicycle Plan
�) 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 .
( i i ) For proposals not located in a transition area an off - road .
pedestrian plan shall be submitted .
( q ) Landscape Plan Details
A landscape and tree preservation plan that shows the following :
( i ) The proposed locations , and types of , plantings .
( i i ) 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 .
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 ) Biologicallnventory
( 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 sightinq .
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
describinq the following :
a . Habitat integrity ,
b . Relationships between habitats and to ecological
communities offsite ,
c . Any existing threats to flora and fauna and
d . Potential for habitat enhancement .
( c ) Environmental Mitigation
Orange County, North Carolina — Unified Development Ordinance Page 5 - 180
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
A mitigation plan is required when any wetland or other environmentally
sensitive area identified in the biological inventory will be altered as a
result of development of the subdivision or construction of homes or
other buildings and structures associated with the subdivision . The
mitigation plan shall include the following :
( i ) An assessment of the ecological value of resources that will be
lost and a statement of how that value will be replaced through
mitigation :
( i i ) A specific statement of the goals and objectives ,. i . e . , exactly
what steps will be taken to compensate for lost habitat , etc . ;
( iii ) Detailed descriptions in the form of grading plans , construction
plans and planting plans to illustrate how the objectives will be
carried out ;
Div ) A monitoring and maintenance plan to measure success of the
mitigation based on stated objectives . Include a list of parties
responsible for monitoring and maintenance , a schedule for
each , and how results will be reported to the Planning and
Inspections Department ;
( v ) A plan showing how the site will be protected from impacts by
human and unwanted animal intrusion , alternate plant species
and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area
is established ; and
NO A financial guarantee is required for the total cost of the
mitigation project . Once the installation is complete , 30 % of the
amount of the letter of credit or escrow will be held for 12 months
or until the site is established , whichever is greater .
( d ) Traffic Study
( i ) A traffic impact study is required with all applications for the
following :
a . Subdivisions with more than 40 lots outside of transition
areas , and
b . Subdivisions with more than 80 lots within transition
areas .
( i i ) The study shall include an analysis of the need for public road
I
mprovements , 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 . 1 T
( 3 ) Standards of Evaluation
( a ) The project meets all applicable design standards and other
requirements of this Ordinance .
( b ) The project meets all service provision criteria as set forth below :
( i ) Fire — identifies the primary and secondary responders and the
source ( s ) of water .
( i i ) Police — identifies the primary and secondary responders .
( iii ) Rescue services — identifies the prirnary and secondary
responders .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 181
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
Div ) Water SupplV — 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 bioloqical inventory . Buffer width shall be determined by site
evaluation in consultation with the applicant ' s biologist and
County staff :
( i i ) 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 snaps ) ;
Ion Installing structures conducive for nesting such as bird
houses or bat boxes designed and located for various
species ; or
c . Creating wetlands ;
MI
NO 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 :
( i i ) 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 ;
NO 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 ;
Orange County, North Carolina — Unified Development Ordinance Page 5 - 182
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
( vii ) Use of xeriscapinq 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 .
( i i ) 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 ) Gradinq and Erosion Control
( i ) Plans for gradinq 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 .
( q ) 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 :
( i i ) 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 prirnarily of
maintaining buffers and enhancements , removal of exotic ( non -
native ) plant species , and keeping drainage ways functioning
properly .
( i ) Access
Orange County, North Carolina — Unified Development Ordinance Page 5 - 183
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
Access to the subdivision and access to lots within the subdivision to
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County .
( k ) Maintenance of Improvements
( i ) All site improvements such as roads . utilities ( including irrigation
and drainage structures ) , habitat enhancements , recreational
amenities , signage . landscaping . open space , etc . will be
maintained in function and appearance .
( ii ) Maintenance specifications . if any , for on - going site management
( including provisions for handling of storm debris in open space
areas ) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners ' Association
documents .
50- I8a25 . 22 . 2 Hst� op Sites Alen Residential I Ice 250
( A ) St .nnal .prds for GIaS64VSper., i ;.; l I lqp Perm#
sypiqlaed as Part of the aPnliea + inn •
(a )The site piaR prepaFed by nn apprnr� rintoly IinoncorJ r� rnfoccinnol chill
��' urr�*ti'p crr Goa-pT-vT c . ,-r G �u'r�TTurr
lit I eeatien Wa dth anrd fime of all internal vehini filar anal Qedestria
era + inn anrJ rJimensinns Af alte GiQRal An
Q. sArdartes of the site anr-1 rlictAnGe te Re roc +=rocidppn - nl
st r y, r0.t ulres
lh\ DecnrijD+ inn of the orooesed use(s) of the cite and the hi iilddnos thereon
\ IJ
( i \�4T n int of area -ailTlecatea- to eanh- use .
hli Her of fi ill anal part time emnleyees
liimher of clients and ,Ier eGGHpants expeeteal to use the forili + v
( IV ) Prepesseil� Ars-0fwer�s for nonresideeRtial Yses of the si +�
anrd within b iildinns + hereon
( n ) Ri iildRRQ plans for all nvistinn er prep esed stn Intl erns to ineli de floor
plans elevations anrd sentinns sheWwRpr restnratinn ! rehahilita + inn
prepeserl Desorir�tion of hevi the hlstGraGal stile and oharaster of the
FJTQ�i'VJ �i 'C�—Criii7 GTTFISTGTT47�T09TZTTCTI""ITJR7ITCi C[TJ[p
( d ) L ,@RdsGaQe and tree preservatOGR IqlaR , at the. same sGale as the site
Oan sheWinn eviction er l9renesed trees shri ihs rvrni inrl nn ier anrJ other
( e ) Ctatemen + from the apprepriate p blio seniiee aeenoies nonnerninrti th
methed and adeq6iaGY of water si i 9ply anal wastewater treatment for + he
rnrGr� d ids
/ f1 Cta + ement from the apprnpria+ e qi ihlin seniine -� r� eneies nnnserninn + h
nrn � iisinn of fire r� nline anrf resr i fie r� rnten + inn + e the site and stri in + i Tres
pTav r� G6ie igTGte
250 This is an existing land use that is recommended for elimination .
Orange County, North Carolina — Unified Development Ordinance Page 5 - 184
Article 5 : Uses
Section 5 . 22 : Standards for miscellaneous uses
( g ) R \ / Irdenne that the prwerty I I--listnrin RenisteGrG,r
T
l � kle_State of I� Inr+ h (` arnlin a Oanes of hictnrin interact
( h ) The ed deyeIC) pMnnt cnhnrb ile fnr them
(2) Standards of EvaluatiGn
( a`�Te-s4e- nlan submitted meets all rent iirementc spec-4 e4n,—,&eG#e-T
and 17 4 ( A1 / 1
Ih uses
1 � rnnn nrl ces and fnnilitiec are nnTmplle
� ^ K and arr� rnnri - te in the Irma + inn w4r onsed eive
GhaFaLte n�arre indinn dey nt The p-reigeced use of the hictnrin
SrJnti ire shall he of si inh a nature co as tn 9reserry the hictnrin
r nG�raaGte of v� he s0te and the building . Deyelnoment of the site as
prpnG ni drJ ha rn nn adverse imvgnnt h � rl nn the hi iilrJin � �ipt fncT
hh'' �� `' �''' a' �-' qri - F rkinn fnnilitiec
r) re� c� the his + nrin nh -+ raGteF of the hi iiIdinrr ( c ) and. s,ne
( rll Aire r� nlinn and re ni ie nnrines anrd water ci oply and wastewater
treatment methnrjq are adeoi is + e to ser�nti n_�porn? Pd llqec arnPI
fnnilitiec
ruc�rc�.r:
i c eecJ1^ - -
( f1 The ci +�? serrP rant anneccrtin Ctate meint%Ml V ad-.
( n ) Internal vehaG filar anrd nndectrritatnr n�irn latinn is adequate -fn�r -the nrnrDns
( 3 ) Cvnir4 + inn and Renewals
( a ) jh6q QlAqq 4 Cr � enial Use permit if ar proved shall he validfnr siv area
attef reG er nrt from the pl epa ent that the i ice is nrd
crrt�rruc�'r rc-�c�.Jc-rc�rry
has en nnntini G SIV cinne it was is i ied in nomr� Iianne with wGyicions
cc�r-sv�.r��uvcr-rrr-cvTrrprr��Tcc-vvrm-p-rv'v'r.�rc'rrc
of the Cpnnial Use permit The (lranne (` ni inty Rlanninn flepartment
than
99 days hnfnre the evnirati ref the 919eGia1 ose pre-m4t-.
( h ) Thn Rnarrd of GG into (-' nmmissinnnrc shall net reneW the Cnenlal Use
Permit if it is rdeterminerl that the annlinant has failed to nomnlyr with the
rcrrc r
rnnnWnr e permit the ran mit shall henome null anrd vE) ' d i it on the
�
evnira e- of the time limit
( n ) If the Spenlal I Ice Rnrmit is not reneonrerd or rn _ opprnlrnrd then th
Orange County, North Carolina — Unified Development Ordinance Page 5 - 185
Article 6 : Development Standards
Section 6 . 9 : Parking , Loading & Circulation
SECTION • ; CIRCULATION
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 sta ards
or motorized vehicle parking and loading areas that are appropriate for the varying urba and
r ral forms .
6 . 9 . 2 App ' cability
No Bu\dd ,
it , Zoning Compliance Permit or Certificate of Occupancy shal e issued for
uses octures , and buildings , either initially or for a change in use or xpansion of an
existiness the off-street parking and loading requirements of this ction are met .
6 . 9 . 3 Prohiin Special Flood Hazard Areas
Off- street parkin \Par
oading facilities are prohibited within Special ood Hazard Areas .
& M Use of Requiredng and Loading Spaces
( A) Required parking nd loading spaces shall not be use for the storage or sale of
merchandise , vehic storage , vehicles for sale , or v icle repair . Non - required spaces
proposed for these u s shall be designated on a approved site plan .
( B ) Any area designated for equired off- street par ' g and loading shall not be changed to
another use until other pa ing and loading f ilities in conformance with this section are
established elsewhere to se ve the site .
6 . 9 . 5 Expansion and Increased Intensity Existi g Use
( A) Whenever there is an increase in t number of dwelling units , the number of employees ,
the seating capacity , the floor are other applicable unit of measurement for
determining the number of parki an loading spaces required on site , and the increase
will result in the need for additi nal park g spaces , such additional spaces shall be
provided in accordance with e following nd Section 6 . 9 . 7 of this Ordinance :
( 1 ) If an existing us , building , or struct re is increased by 50 % or less , additional
parking and/or oading spaces shall b provided for the addition , in accordance
with the req ' ements of this Section .
(2) If a use , ilding , or structure having Mad uate parking and/or loading spaces is
increas by greater than 50 % , additional p rking and/or loading spaces shall be
provi d to bring the entire development site to compliance with the
req rements of this Section .
( B ) For purpo es of this Sub - Section , the expansion or increas intensity shall be
determi d based on the current building size and use , and n y not be calculated
indep dently for each separate expansion or intensification .
6 . 9 . 6 Change Use
Additi al off- street parking spaces will be required to accommodate a chan of use of a
stru ure or parcel of land only when the new use requires 25 % or more parkin spaces than the
pr ious use or 25 or more additional spaces .
6 . 9 . 7 Off- Street Parking Requirements
Each use shall provide off -street parking in accordance with the following standards :
Orange County, North Carolina — Unified Development Ordinance Page 6 -53
Article 6 : Development Standards
Section 6 . 9 : Parking , Loading & Circulation
TABLE 6 . 9 . 7a OFFmSTREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
AGRICULTURAL USES A�"
Agricultural Pro sing Facility One space per employee plus one space per 0 square feet of any
accessory retail sales area
Agricultural Processing cility , Community One space per employee plus one s e per 200 square feet of any
accessory retail sales area
Agricultural Service Uses One space per 400 square fe of gross floor area
Cold Storage Facility One space per employe
Community Farmers ' Market One space per 200 uare feet of gross floor/selling area or a
minimum of five aces , whichever is greater
Composting Operation blikspacepigoor employee
Cooperative Farm Stand One s ce per 200 square feet of gross floor/selling area or a
mi um fives aces , whichever is greater
Equestrian Center ,,ene space p orse stall plus one space per employee plus one
space per 4 spec or seats
Farm Equipment Rental , Sales and One space per 400 sq e feet of gross floor area
Service
Farm Supply Store One space per 300 square fe of gross floor area
Feed Mill One space per employee on shift o aximum employment
Greenhouses with O remises Sales One space per 400 square feet of gross or area
Meat Processi acility One space per employee
Stables , CoKmercial One space per three horses ( or other equine ) kept site
One space per employee plus one space per 4 spectato eats OR
S yards / Livestock Markets one space per employee plus one space per 50 square feeN event
area , whichever is qreater
CARE AND EDUCATIONAL FACILITIES
Sh+I4-Care Facilities One space per staff member and one space per five GhildreH lients
94yG4r-e - Center in a Residence One space per staff member and one space per five sh+Edrenclients
Schools : One space per staff member
One space per staff member and
Preparatory Ones ace per four students
Schools : Newt+GaJechnlcal , Trade , Skill One space per two students
Trainin
Schools : DaRGe , Art MilsipPerforming One space per four students
Arts . S orts . and Recreation
Schools : Universities , Colleges and One space per three students at design capacity of building ( s )
Institutes
Library+e-s One space per four seats25 '
Ad6i4t I� QRo space pen 299 sq lard feet of greys fleGr e
e spaGE? per 200 sry -''a'TC fCC+ gross fl�wraT�c�'c��l �'Tfiye st 9
C- aRkS Q F=' R rlGi l InctitT S � "
s QRe space per 299 sq iaFe foot
Country Store One space per 300 square feet of gross floor area
(lrivo _ In Theaters
251 The existing parking standard for a Library does not make a lot of sense . Staff will be recommending a
modification in a future amendment package .
Orange County, North Carolina — Unified Development Ordinance Page 6 - 54
' • a M • • M • . •
TABLE 6 . 9 . 7 : OFF- STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
One • . per • or one • . for 1 feet
252 • • • • • • greater
Eating • . • • ut/ Drive - in ) : 15 spaces Pius one • . 1
square - of gross floor
HomesNightclub / Bar : One space per 4 seats
Funeral l space per •
GardenOR Premise SalesOne • . per 11 square feet of gross floor
r Gdg a-GShort Term One space per lodging unit , plus one space per employee
- - Two sipaces forthe residents of owner occupied Short Term
Rental — All Categories
. _
Junkyanis Salvaqe Yard n0ine space per employee on shift of maximum employment
Kennels/ ? iding Stables One space per four pens or stalls
, . . . � .
Jim "N III
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Article 6 : Development Standards
Section 6 . 9 : Parking , Loading & Circulation
TABLE 6 . 9 . 7a • REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Service Uses261 One space per 300 square feet of _gross floor area
Storage of One space per employee plus 1 space for every 10 individual
Goods storage areas
c-a_nor omnloYoo
Taxidermy One space per 400 square feet of gross floor area
Tni irist Homo 9 R e s aGe pe-r- e4 .jig it
s QT o mane nor omnln roe nn shift of maxims im emnleym
W Rery � n inns �
QRe spaGoe per n'Gm�v� no mane per 300 sq sore fo�#
nn nor omnln too P ' LiGnno snano per 499 square foot of
Winery with Major EVe Rt✓-
EXTRACTIVE USES
Extraction of Earth Products no requirement
GOVERNMENTAL USE
Governmental Drntnnti , ro car rinosOffices One space per employee on the shift of maximum employment
One
Dn�and Fire St -+ tinns
Detention Centers262 One space per employee on the shift of maximum employment
Ones aceper 5 inmates held within the facilit
Military Installations no requirement
National Guard & Reserve Armor
PROCESSINGMANUFACTURING , ASSEMBLY
IRAs is # 4 I i9 One_saGe per omPlnvo noon t�h�P� 6; hift of m -ivimi im omnlnYrmont
InrJl i� ri�� Ac m QRe nano per mmpinvnn nn the shift of maximum omnlnvmont
lRd Istr ; al HeavyQRe space per omnleyee on the shift of maxima im omnlnyrnont
Manufacturing, Assembly . ProcessiinQ , and
Distribution Uses — Food and Other 2W Once space per employee on the shift of maximum employment
Metal Fabrication Shop One space per employee
Microbrewery-, p�-94uG4en-envy One space per employee
Printing and Lithography One space per employee
Sawmills One space per employee
Winery , One space per employee
I 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 One space per employee
manufacturing )
260 Existing parking standard moved from Automotive and Transportation to ensure consistency with
recommended changes in the table of permitted uses .
261 This is now the generic parking requirement for all Service type uses .
262 New parking standard for a newly defined land use included as part of this amendment package .
263 The parking requirement was essentially the same for activities allowed within each land use category . Staff is
recommending we treat all Manufacturing uses ( food and other ) the same unless as specified herein .
Orange County, North Carolina = Unified Development Ordinance Page 6 - 56
Article 6 : Development Standards
Section 6 . 9 : Parking , Loading & Circulation
TABLE 6 .9m7a OFF=STREET PARKING
USE MINIMUM PARKING REQUIREMENTS
Iun -� Ith Qpr� iinoc� Medical Uses Under 10 , 000 MEDICAL
Square Feet in area 264 One space per 300 square feet of gross floor area
IWe ^ ' + " S ^ ^A ^ ec ; Medical Uses 8ver 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
I QRe Space PeF eMPInee
Veterinary Hospitals One space per 200 square feet of gross floor area
IOffices and Financial Services without a One space per 200 square feet of gross floor area
drive -thru facility
IOffices and Financial Services , with a drive - One space per 200 square feet of gross floor area ; plus five stacking
thru facility spaces per drive-thru window
RECREATIONAL USES
Amuse nt Areas One space per 50 square feet
Athletic Fiel Ten spaces per field
Basketball Court Five spaces per court
Billiard or Pool Hall Two spaces per table
Botanical Gardens & Arboret s Two spaces per acre
Bowling Establishment Three spaces per lane
Camp / Retreat Center Five spaces for first two cres of recreation space and one space for
each additional acre ereafter
Golf Courses o spaces pe e
One a <ng
guest room , plus one space per employee .
Guest Ranch Additio may be required based on facilities and uses
ro sed
Health Exercise Facility zone space per 5 quare 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 Rec ational Facilities Five off-street parking spaces for first t acres of each recreational
Dedicated Recre ' nal Land site plus one space for each additional acre ereafter
Swimming of One space for every five patrons , based on ma um design
capacity
Socq Fields , Ball Fields Eight spaces per acre
nnis , Handball , Racquet Ball Courts Two spaces per court
Basketball Courts Five spaces per court
264 Staff is recommending changing existing wording to be consistent with recommended changes in the table of
permitted uses . Parking requirements will remain the same .
265 Staff is recommending breaking out parking to ensure properly capture facilities with a drive -thru .
Orange County, North Carolina — Unified Development Ordinance Page 6 -57
Article 6 : Development Standards
Section 6 . 9 : Parking , Loading & Circulation
TABLE 6 . 9 . 7m OFFmSTREET PARKING REQUIREMENTS
REQUIREMENTSUSE MINIMUM PARKING
Picnic Shelt rea One space for every ten patrons , based on maxi design
capacity
Swimming Pool One space per 140 square feet
Tennis , squash , Handball or Rac t Ball Two spaces for every cou
Court
RESIDENTIAL U .Sor. .
Dwelling , Multi -family :
Efficiency O space p welling unit
One bedroom One and one - half e per dwelling unit
Two bedroom Twos aces per dwellin it
Dwelling , Single Family One space per dwelling unit
Dwelling , Two Family One space per dwelling unit
Family Care F ities One space per three residents ;
Ones ace per employee on the shift of maximum to ment
Gr Care Facilities One space per two beds ;
Ones ace per employee on shift of the maximum em to men
rchir, I ^ d ^ os Dormitory Fraternity ,
and Sororityers .- � R44 e-s) One space per lodging resident member
Mobile Homes One space per unit
Health and One space per two beds ;
Personal Care Facility One space per staff member
Rooming House One space per lodging unit
Retail Uses
Retail Once space for every 200 square feet of gross floor area
TEMPORARYUSES
Buildings ; Portable See appropriate uses
TRANSPORTATION
One space per 4 air vehicles
Airport , General Aviation . Heliports , STOL One space per employee on the shift of maximum employment
15 spaces per terminal
Bus Passenger Shelters no requirement
Bus Terminals and Garages no requirement
Motor Freight Terminals One space per employee
Motor Vehicle Maintenance & Repair 3G4y One space per each service bay and mechanic
� ep}
Motor Vehicle Sales Rental ( New a d W &e " One space per 400 square feet of gross floor area
Motor Vehicles Service Stat ' 9RG One space per each service bay and mechanic
Parking as DriRGipin I Ic ^ GirfaGe ^ r
6ture no requirement
266 Modifications to ensure consistency with wording in the table of permitted uses .
Orange County, North Carolina — Unified Development Ordinance Page 6 - 58
Article 6 : Development Standards
Section 6 . 9 : Parking , Loading & Circulation
PARKINGTABLE 6 . 9 . 7m OFF� STREET PARKING REQUIREMENTS
USE MINIMUM
Pi 267 Qr puac-per cr ^,pv^yce
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 Statroft4t. bstations ,
Pumping Stations , Switching no requirement
Telephone Exchanges
Radio & Television Transmitting & Receiving
Towers , Water Treatment & Sanitar
Sewage Treatment Pla ated Water no requirement
Storage Ta
Tra'nsmission Lines no requirement
WASTE MANAGEMENT
Landfills { 2- ?�s ems.^— } no requirement
Waste Management Facility , Hazardous and One space per employee on shift of maximum employment
Toxic
Wholesale Trade
UUholesale Trade One space per employee on maximum shift plus 12 spaces
Air 11onorgl AIIvf in nn per fe it ^sir VehiGleS
Assembly - One space per twe-four seats268
AccFaGility Less thaR 399QRe cr pro Pee tWG SeatS
Cemetery no requirement
Qh , irph QRe snnone per fcr� euF seaTa
Clubs or Lodges , 9ee4 One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria One space per employee
r R `o-3p caivn i�i}t�F269 O Re spaGp Per e m pI ny
Research Lands & Installations , Non - Profit no requirement
Rural Heritag- Museum One space per 400 square feet of gross floor area
Rural Special Events One space per employee plus one space for 50 square feet of event
area
Miscellaneous Uses
Research Lands & Installations . Non - Profit no requirement
267 Moved to the Services land use category parking standard .
268 This is the catch all category for assembly uses , which will include Place of Worship ( i . e . church ) . Staff is
recommending changing the number to be more consistent with how other jurisdictions assess required parking
for such land uses .
269 Moved to Manufacturing , Assembly , Processing and Distribution Uses category .
Orange County, North Carolina — Unified Development Ordinance Page 6 - 59
ARTICLE 10 : DEFINITIONS
DEFINITIONS
For he purpose of this Ordinance , certain terms and words are herein defined and interpreted as ollows :
AAS O
American ssociation of State Highway and Transportation Officials .
Accessory tructure
A structure that located on the same lot as a principal structure and houses an acc sory use .
Accessory Use
An activity that may o ay not be listed in the Permitted Use Table , which is c ducted in conjunction
with a permitted princip use , but constitutes only an incidental or insubstanti part of the total activity
that takes place on the lot nd is customary and ancillary to the established rincipal use of property .
Accessory uses shall comp with all setback requirements for the district ' which the use is located . For
example , an in - ground swim g pool is required to meet all applicable etbacks including any required
fencing around the physical poo the concrete walkway around the po , and any pump or utilities
associated with the operation of t facility .
Addition
In the context of an existing building or ructure , the term me s an extension or increase in the floor
area or height .
Adult Arcade
Any place to which the public is permitted or inv ed w rein coin - operated or slug - operated or
electronically , electrically , or mechanically control d till or motion picture machines , projectors , or other
image - producing devices are maintained to show i ges to five or fewer persons per machine at any one
time , and where the images so displayed are dist ' gu hed or characterized by the depicting or describing
of Specified Sexual Activities or Specified An ical A as .
Adult Bookstore
A bookstore :
( a) Which receives a majority its gross income durin any calendar month from the sale or
rental of publications ( incl ding books , magazines , of er periodicals , videotapes , compact
discs , other photograph ' , electronic , magnetic , digital , r other imaging medium ) which are
distinguished or char terized by their emphasis on matt depicting , describing , or relating
to Specified Sexual ctivities or Specified Anatomical Area as defined in this article ; or
( b) Having as a prep derance ( either in terms of the weight an importance of the material or in
terms of greater olume of materials ) of its publications ( includi books , magazines , other
periodicals , vi eotapes , compact discs , other photographic , elect nic , magnetic , digital , or
other imagi medium ) which are distinguished or characterized b heir emphasis on matter
depicting , escribing , or relating to Specified Sexual Activities or Spe ' fled Anatomical Areas .
Adult Cabaret
A nightclub , bar , estaurant , theater , concert hall , auditorium or similar commercial esta ishment that for
at least ten per ent of its business hours in any day features :
( a) ersons who expose a Specified Anatomical Area ; or
Live performances that are characterized by the exposure of Specified Anatomical reas or
by Specified Sexual Activities ; or
( c ) Films , motion pictures , video cassettes , slides , or other photographic reproductions that re
characterized by the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas ; or
Article 10 : Definitions
Section 10 . 1 : Definitions
ricultUral Services
Co ercial activities offering goods and services which support production of agric ural products or
proce ing of those products to make them marketable . Examples include , but ar not limited to , soil
preparati , animal and farm management , landscaping and horticultural servic , specialized
commercia orticulture , specialized animal husbandry , biocide services , retai ales of farm /garden
products , sup ' es and equipment , equipment rental and repair service , tac shop , farrier , blacksmith ,
welding shops , ilities for animal shows , animal sales and auctions , agr ' ulture - based clubs/ meeting
halls , storage of ag ' ultural supplies and products , and processing pla s for agricultural products
including wineries an annenes .
Agricultural Water U s
The use of waters for stock w Bring , irrigation and other farm urposes .
Agritourism
A business directly related or incident to agricultural tivities occurring on the bona fide farm on which
it is located and conducted for the enjoy nt or edu tion of the public .
Airport ( Heliport : S . T . O . L . Port ) , Air rrier
A public airport served by a certified air carri is includes any runways , land areas or other facilities
designed or used for landing , taking off , pr essing assengers or cargo .
Airport , Commuter Service ( liport : S . T . O . Port )
A public airport , not served by a ce ' ied air carrier , but is s ed by one or more commuter airlines which
enplaned 2500 or more passeng s in the preceding calendar ar .
Airport , General Aviat ' n ( Heliport : S . T . O . L . Port )
A public airport serving av ' tion other than airlines . This includes any nway , land area , or other facility
designed or used for th anding and taking off of small aircraft .
Alteration of a atercourse
Means a dam , i oundment , channel relocation , change in channel alignment , c nnelization , or change
in cross - sectio al area of the channel or the channel capacity , or any other form of dification which
may alter , i ede , retard or change the direction and/or velocity of the riverine flow of ater during
condition f the base flood .
An oring
Th fastening of the mobile home to its mobile home stand in order to prevent upset or damage e to
nd , 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 .
I
A request review of an administrative interpretation of any PLrovislon of this Ordinance by the Board
of Adjustment .
Applicator
Any person , firm , corporation , whol r , retailer , tor , any local , state or federal governmental
agency , or any other=erwise
applies fertilizer to the Ian onsumer , or client , or to land they own ,
or to land they lease hold rights .
Ar Shallow Flooding
270 Definition of new land use in order to ensure proper delineation of what will , and will not, be allowed in an
apparel manufacturing operation .
Orange County, North Carolina — Unified Development Ordinance Page 10 -3
Article 10 : Definitions
Section 10 . 1 : Definitions
A de ed Zone AO on a community' s Flood Insurance Rate Map ( FIRM ) with base epths
determined to om one ( 1 ) to three ( 3 ) feet . These areas are located wher early defined channel
does not exist , where th of flooding is unpredictable and indete e , and where velocity flow
may be evident .
Area of special flood hazard
See " Special Flood Hazard Are A) Overlay District"
Area of F - Conditions Flood Hazard
Th area that would be inundated by the 1 - percent- annual - chance ( 100 - year) flood on future -
conditions hydrology .
Assembly Use
A land use providinq space , indoors or outdoors , allowing for the congregation of persons for the purpose
of observing , listening , or engaging in a service , performance , or activity . 27
Assembly/ Pac agi
Assembly and packaging of merchandise for distribution by mai o
272
stadiums ,
Gel ' sn ,� azthletin nnnterstheaters and arenas
Bed and Breakfast inn273
See " Rural Guest Establloshmen1c "
se flood
The od having a 1 % chance of being equaled or exceeded in any given y r . It is often referred to as
the 1002 ar flood .
Base flood a vation ( BFE )
A determination of t water surface elevations of the base flo as published in the Flood Insurance
Study . When the BFE h not been provided in a " Special ood Hazard Area" it may be obtained from
engineering studies availab rom a Federal , State , or o er source using FEMA approved engineering
methodologies . This elevation , en combined with e " Freeboard " establishes the " Regulatory Flood
Protection " elevation .
Basement
Any area of the building having its floor gra below ground level ) on all sides .
Best Management Practic ( BMPs )
A structural or non - structural nagement - based practice u singularly or in combination to reduce
non - point source pollution receiving waters in order to achiev ater quality protection goals . ( See
also , Detention Pond a ngineered Stormwater Controls ) ( Unles therwise specified , " BMP " , when
used in this Ordinan , refers to structural BMPs )
Biosolids
Solid , semi olid , or liquid residue ( sewage sludge ) generated during primary , secon ry or advanced
wastew er treatment processes of domestic sewage that is treated to state and/or fede standards for
ben e ' ial use ( such as land application as fertilizer) .
271 Definition of land use category .
272 Now part of the definition of 'Assembly Use' as detailed herein .
273 Now part of the definition of ' Short Term Rental ' as detailed herein .
Orange County, North Carolina — Unified Development Ordinance Page 104
Article 10 : Definitions
Section 10 . 1 : Definitions
ffer
A s eening device used to moderate the adverse impacts of one land use upon anoth Buffers may
inclu walls , hedges , landscaped areas , berms , additional setbacks , or combinatio of the above .
Buffer , rmwater
A natural or v etated area through which stormwater runoff flows in a diffuse anner so that the runoff
does not becom channelized and which provides for infiltration of the runof and filtering of pollutants .
Building Definite ns
( See Structure , Structu I Alterations , Mobile Home , Recreational Ve cle . )
Building Height
The vertical distance measure rom the mean elevation of the roposed or completed finished grade at
the front of the building to the hig st point of the roof for fla oofs , to the deck lines of mansard roofs ,
and to the mean height between ea s and ridge for gable ip and gambrel roofs .
Building Measurement Definitio s:
( See Building Height , Story , Residential Flo r Area , ength of Wall . )
Built- Upon Area
That portion of a development project that is ver by impervious or partially impervious cover including
buildings , pavement , gravel areas ( e . g . roa s , parkin lots , paths ) , recreation facilities ( e . g . tennis courts )
etc . ( Note : Wooden slatted decks and th ater area o swimming pool are considered pervious . )
Building Wall
Any vertical surface of a building o structure ( other than a pitc d roof ) that is integral to and could
reasonably be constructed as p of the architecture of the builds when a sign ( s ) are not being
contemplated . Examples of b ' ding walls include but are not limite o : awnings , canopies , marquees ,
the vertical portion of gable ofs , parapets , mechanical penthouses , c .
Camp
A recreation use whic may include locations for tents , cabins , or other recre ' onal sleeping structures ,
but would not inclu mobile homes or recreation vehicles . A camp may be ow d by a profit or not - for-
profit corporation
Canal
See " Ditch '
Can y , Service Station
A st cture made of metal , aluminum , or other material intended to be free standing or affixed to
b ' ding that serves as an overhang intended to shield persons from the elements while using the s rvice
ation .
Center in a Residence for 3 to 12 Chind
Use type located within Aa residence I R whiGhoffering temporaryGhold 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
rp
Ghil & eRa pHbl ! G state maiRtaiRed read , and. vVhirOh FGVhdeS Ghild Gare fGr mGre thaR three but no more thaR 12
e Use
For purpose of this Or in rm shall mean the vacan ntinuation , or abandonment of the
use of a structure or parcel of property . u e considered ceased if the use is being
marketed for sale or other forms yance and documen ch activities is provided .
C
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Article 10 : Definitions
Section 10 . 1 : Definitions
A atural water - carrying trough eroded vertically into low areas of the land surface by ero ' e action of
con ntrated flowing water or a ditch or canal excavated for the flow of water .
Chann Effluent
A discernab confined , and discrete conveyance which is used for transportin reated wastewater to a
receiving strea or other body of water .
Chemical stora facility
A building , portion of a ilding , or exterior area adjacent to a buildin sed for the storage of any
chemical or chemically re tive products .
Child Care
A program or arrangement where ree or more children les than 13 years old , who do not reside where
the care is provided , receive care on regular basis of at ast once per week for more than four hours
per day from persons other than their g rdians or full - ' e custodians , or from persons not related to
them by birth , marriage , or adoption . Chi care doe not include the following :
a ) Arrangements operated in the home f an child receiving care if all the children in care are
related to each other or no more than t additional children are in care ;
b) Recreational programs operated for I s an four consecutive months in a year ;
c) Specialized activities or instruction ch as letics , dance , art , music lessons , horseback riding ,
gymnastics , or organized clubs f children , su as Boy Scouts , Girl Scouts , 4 - H groups , or boys
and girls clubs ;
d ) Drop - in or short-term care p vided while parents p ticipate in activities that are not employment
related and where the par nts are on the premises or herwise easily accessible , such as drop -
in or short-term care pr ided in health spas , bowling all s , shopping malls , resort hotels , or
churches ;
e ) Public schools ;
f) Non - public scho s described in Part 2 of Article 39 of Chapter 1 C of the North Carolina
Statutes that e accredited by the Southern Association of College and Schools and that
operate a c d care facility as defined under Child Care Facility for le s than six and one - half
hours per ay either on or off the school site ;
g ) Bible s ools conducted during vacation periods ;
h ) Car rovided by facilities licensed under Chapter 110 , Article 7 of the North rolina General
St utes ;
i ) ooperative arrangements among parents to provide care for their children as a co venience
rather than for employment ; and
Any child care program or arrangement consisting of two or more separate components , ach of
which operates for four hours or less per day with different children attending each compo nt .
Chili-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 ( includes child care centers , and any other child care arrangement not excluded
by General Statute 11 M6 ( 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 .
Ch
214
urch s i-cFt
Chemical Manufacturing and Processing — Pharmaceutical and Medicine275
274 Now defined as a ' Place of Worship ' .
275 Definition of a new land use we are recommending for inclusion in several Economic Development districts .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 6
Article 10 : Definitions
Section 10 . 1 : Definitions
A land use involved with the transformation of organic and inorganic raw materials by various processes
for the formulation of pharmaceutical and medical products for eventual distribution and sale off - site .
Chemical Manufacturing and Processing — Other than Pharmaceutical and
Medicine276
A land use involved with the transformation of organic and inorganic raw materials by various processes
for the formulation of non - pharmaceutical and non - medical products including the creation of base
chemicals , dyes , gasses , resins , etc .
Club or Lodge , Private 27
An establishment operatnrl An assembly land use , operated
by a non - profit group , for SOGial , reGreational , fraternal or charitable , members and guests .
b sunesS 278
uster Development
A s division in which building lots are grouped together through a transfer of allow le density within the
subdi ed tract . Cluster development permits more efficient development by cre ing lots with gross
land area smaller than those required for conventional lot- bydot development , et maintains application
of normal to ensity standards to the subdivided tract as a whole by requirin that land area saved by lot
size reductions e reserved as permanent open space and/or recreation s ace .
Cold Storage Fa ' lity
A facility used to wareho e perishable foods and products prior t ransport .
Commercial - Industrial ansition Activity Node and
Land near major transportation ro es that could be provi d with public water and wastewater services
and is appropriate for retail and othe ommercial uses anufacturing and other industrial uses ; office
and limited ( not to exceed 25 % of any de ) higher nsity residential uses .
Commercial Transition Activity No and
Land focused on designated road intersectio hin either a 10 - or 20 - year transition area that is
appropriate for retail and other commercia ses .
Common Area
A portion of a development not att ' uted to an individual lot owner that is designed for the common
usage of the subdivision or dev pment . These areas include mmon Open Spaces , entry features ,
subdivision facilities , mail kio s , sidewalks , parking lots , and walk ys . Construction and maintenance of
such areas is the responsi ' ity of the homeowner'/property owners ' a ociation .
Common Open ace
Privately held land rea set aside , dedicated , owned , and maintained for corn n use , access , and
enjoyment of m iple owners . This type of open space is held within a defined lot a defined easement
area . It may b either restricted to the owners via homeowner'/property owners ' ass nation ( HOA/ POA) ,
or open to ers as specified by the association .
• Primary Open Space
276 Staff is recommending including a definition to distinguish between chemical manufacturing associated with
pharmaceuticals and non - pharmaceutical products .
27 Staff is recommending deleting the word ' Private ' as there is no practical distinction between public and private
clubs in the UDO .
278 Red Bold c * ' ikethr- affil
. . g4 Underlined text deleted as part of revisions to the Assembly land use category
discussed with the County Attorney ,
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Article 100. Definitions
Section 10 . 1 : Definitions
T e areas have sensitive environmental features and/or significant culturVorspassive
ource areas , which
may ke them legally or practically unbuildable . These areas are reserve uses ( e . g . ,
forests , p tures , meadows ) and low impact active uses ( e . g . , trails , nat al observation ) .
• Secondar pen Space
Secondary Open Spa Areas have fewer restrictions with re rd to location , allow more flexibility to
improve overall open spa design , and have more active es ( e . g . , community gardens ,
playgrounds ) .
• Active Open Space
A subset or category of open space that in the type and/or intensity of its use . Active areas are
typically built areas and most often contain i ment and/or infrastructure . They are also frequently
used by the residents . Examples includ rails , munity gardens , and recreation fields , plays
areas , pocket parks , and ball courts .
• Passive Open Spac
A subset or category of op space that defines the type and/or ensity of its use . Passive areas are
typically undisturbed , co erved areas that have little to no direct ph ical human interaction within
that portion of the op space .
• Utility O en Space
A subset or ategory of open space that defines the type and/or intensity of its use . ' lity areas are
typically pen but contain public and/or private utilities and services . Examples include ' ity lines or
ease ents ( e . g . , water , sewer , gas , power) , septic drain fields , and repair areas . Additiona creation
u of these areas is typically limited based on the type of utility requirements that are in place .
Community Center
An assembly land use new or evicting facility that is owned operated by a non - profit group , offering
social , recreational , or educational activities from the ^. nr►mm11nity for as a non - commercial activity . 27'
munity Farmers ' Market
An en sed or open - air facility for the retail sale of locally produced vegetables , flowers , m s ,
commoditi [ ants , crafts , etc . For the purpose of this definition , " local " means Orang ounty and
counties that s e a border with Orange County .
Composting Opera ' n
A facility designed and used transforming food , yard waste and o r organic material into soil or
fertilizer through biological decom sition . This does not includ ackyard composting bins serving
individual families .
Comprehensive Plan
An internally consistent and compatible stat ent o licies for the long term , physical development of
that portion of Orange County under Co y jurisdiction , nsisting of a statement of development
policies and maps and text setting objectives , principles , andards and plan proposals for physical
development .
The Comprehensive Plan o consists of adopted area plans which s on a portion of the County
such as a township , atershed or an interstate highway interchange . T nical information and/or task
force reports pre ed as part of a plan element or an area plan and incorpOra as part of the appendix
of or as a su ement are also considered part of the Comprehensive Plan .
C centrating Solar Thermal ( CST ) Devices
279 Red Bold + . ; . . P + I . . ^ , . rtl, Underlined text deleted as part of revisions to the Assembly land use category
discussed with the County Attorney . Part of the revisions is to ensure there is clear distinctions between what
constitutes a 'club/ lodge' and 'community center' .
Orange County, North Carolina — Unified Development Ordinance Page 1 M
Article 10 : Definitions
Section 10 . 1 : Definitions
se lenses or mirrors , and often tracking systems , to focus or r area of sunlight
into a small area . The con is absor er uid or gas and used as a heat
01
source for either a conventi n , such as nt or a power conversion unit ,
suc�1111engine . Also known as Concentrated Solar Thermal ( CST ) .
Concrete Processing , Preparation , and Distribution280
A land use primarily enqaqed 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 .
ditional Districts
A zoni technique authorized by N . C . G . S . 153A- 342 which allows for the impositi of mutually agreed
upon indivi alized development conditions as part of the legislative rezoning cess . The Conditional
Use District an onditional Zoning Districts are subsets of the term Condi ' al Districts . Land may be
placed in a conditio I district only upon petition of all of the owners o!> e land to be included ; said
petition must be approv following the procedures set forth in Se n 2 . 9 of this Ordinance .
Conditional Use District D )
A floating zoning district that has no mitted uses . plications for a CUD must link the CUD to a
general use zoning district and conform all licable development regulations for the corresponding
general use zoning district . CUDs require a Val of both a rezoning application and Class A Special
Use Permit ; see Sections 2 . 9 . 1 and 3 . 8 .
Conditional Zoning Dis t ( CZD )
A specific floating zoning rict with specific permitted uses , a eta d within this Ordinance . .
Controlled A ess Highway
A state or ci ighway, or section thereof , especially designed for through tr ' c and over , from , or to
which hi way owners or occupants of abutting property , or others , shall have o controlled right of
eas ent of access . For the purposes of this Ordinance , Controlled Access Highwa hall be Interstate
8 , Interstate 40 , and any area located within the Major Transportation Corridor ( MTC ) o lay district .
IN
Converted Paper Product Manufacturing , Assembly , and Processing281
Land uses involved with the converting of paper or paperboard into finished products . Use does not
involve the actual manufacturing of paper or paperboard material on - site .
erative Farm Partner
A loca er or producer of agricultural products who forms a business arrangemen other local
farmers and o oducers to collectively process , market , and/or sell agricultura ods . For the purpose
of this definition , " lo " means Orange County and counties that share a er with Orange County .
Cooperative Farm Stand
An open - air facility for the retail sale of p ce , agri ral products , and/ or plants produced on - site and
from not more than 4 other cooperative farm rs .
Country Store
An enclosed market not e eding 1500 square feet in size for the 51 sales of a variety of
merchandise , whic st include locally produced products . For the purp of this definition , " local "
means Oran ounty and counties that share a border with Orange County .
unty
280 Definition of new land use .
281 Definition of new land use .
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Article 10 : Definitions
Section 10 . 1 : Definitions
ange County Government .
Cust ial Care
A form of re that is primarily for the purpose of assisting a person in the activities of dak living or in
meeting per nal rather than medical needs , which is not intended to provide specific erapy as the
result of an illne or injury and does not constitute skilled care . The term shall ref o personal care that
does not require t continuing attention or supervision of trained , medical , or p medical personnel .
Cutoff Fixture
An outdoor lighting fixture s ' elded or constructed in such a manner th no more 2 . 5 % of the total light
emitted by the fixture is projec d above the horizontal plane of the f ' ure .
Day Care
Any child care arrangement under whic a child less than years of age receives care away from his
own home by persons other than his pare , grandpar s , aunts , uncles , brothers and sisters who are
not minors , guardians or full time custodians .
Day Care Facility
Any day care center or child care arrangem t that pr ides day care for more than five children , not
including the operator ' s school age childr , under the a of 13 , on a regular basis of at least once per
week for more than four hours but les an 24 hours per d and those operating fewer than four hours
per day that provide care for more ildren per adult care give han would be permitted in an AA State
licensed center , regardless of th ime of day and regardless of ether the same children attend
regularly .
The following facilities are t included :
a ) Public schools ;
b ) Non - publics ools whether or not accredited by the State Departm t of Public Instruction ,
which re g arty and exclusively provide a course of grade school instru ' on to children who are of
public ool age ;
c) Su er camps having children in full -time residence ;
d ) B ' e schools conducted for no more than three weeks during vacation periods ; nd
e ) ooperative arrangements among parents who care only. for their own children in arrangement
as a matter of convenience rather than to enable any participating parent to be empl ed .
Day Care Horne , i '� 282
A Day Qare FaGihty IE) Gated OR a publiG state maiRtained read , WhiGh prGv . des day Gare for mere thaR five.
h , it fpwpr than 16 children within a rn6101PnRGe
dication
A gi t ie, owner , of land for a specified purpose , or purposes . Because a tra of property is
entailed , de i n must be made by written instrument and is completed ' an acceptance .
Designated Public Se Service Area
An area located within Orange Cou Primary Ser ' rea in the Water and Sewer Management ,
Planning , and Boundary Agreement , that i y served by public sewer or is expected to be served
by public sewer in the near-term ( e . g . , 1 onths , onstrated by issuance of an advertisement for bid ,
or similar device , for construction ublic sewer facilitie
Detention Pon
A engineere ormwater control consisting of a pond constructed and maintai in accordance with
Appe A of this Ordinance ,_ which allows for pollutants to settle and provides for t adual release of
impounded water . The detention pond is the Best Management Practice which must be d within
282 The term is no longer listed within the Table of Permitted land uses . Staff is recommending we delete the
definition . There are currently opportunities to apply for a Care Facility ( i . e . Class B Special Use Permit ) in the
majority of residential districts addressing this need .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 10
Article 10 : Definitions
Section 10 . 1 : Definitions
Easement
A grant of rights by a property owner to another individual , group or governmental unit to make limited
use of a portion of real property for a specified purpose .
Eating and Drinkinq Establishments
Land uses providing for the consumption of food and/or drink to its clientele on or off site . 2as
conomic Development Activity Node
L d in Transition areas of the County which has been specifically targeted for economi development
acti ' ty consisting of light industrial , distribution , flex space , office , and service/ retail u s . Such areas are
locate adjacent to interstate and major arterial highways , and subject to special de gn criteria and
perform ce standards . Flex space typically includes one - story buildings designe , constructed , and
marketed suitable for use as offices but able to accommodate other uses ; e . , warehouse , showroom ,
manufacturi assembly or similar operations .
Efficiency Ap tment
An additional dwelli unit accessory to a single family residence meeti the development criteria
outlined within this Or ance .
Elevated Building
A non - basement building , whi has its reference level raised a ve ground level by foundation walls ,
shear walls , posts , piers , pilings , or columns with openings su cient to facilitate automatic equalization of
hydrostatic flood forces on exterio walls by allowing entry a exit of floodwaters and the unimpeded
movement of floodwaters .
Encroachment
The advance or infringement of uses , fill , e avation uildings , permanent structures or development into
a floodplain , which may impede or alter the flo c acity of a floodplain .
Engineered ( or Structural ) Stormwa r ontrols
A structural Best Management Practice ( BM ) used t reduce non - point source pollution to receiving
waters in order to achieve water quality pr ection goal ( See also Best Management Practices and
Detention Pond ) ( Unless otherwise spe fled , " BMP " , wh used in this Ordinance , refers to structural
BMPs . )
Environmental Document
An EA , EIS , or FONSI , or all of t em .
Environmentally Sen ' ive Areas
Land which is subject to s ecial natural environmental conditions such as oding that present significant
constraints to built deve pment .
Equestrian Cen r
A facility d ( sic
and intended for the display of equestrian skills and the hosting o events including , but
not limited to , s w jumping , dressage , rodeos , general horse/ mule shows , and simila questrian
disciplines . Ev nts may be larger scale , such as horse shows expected to generate mor than 80 traffic
trips per day and may be held more frequently than once per month . A commercial stable ay be
included o the site .
Exis ' g Construction
Stru ures for which , the "start of construction " commenced before March 16 , 1981 . This term may so
b eferred to as " existing structures . "
283 Originally there were examples of various eating and drinking establishments . These were eliminated as they
were deemed to be unnecessary .
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Article 10 : Definitions
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' sting manufactured home park or manufactured home subdiv ' ion
A ma actured home park or subdivision for which , for flood damage preventi purposes , the
constructs of facilities for servicing the lots on which the manufactured h es are to be affixed
( including , at a inimum , the installation of utilities , the construction of reets , and either final site
grading or the you ' of concrete pads ) completed before March , 1981 .
Extraction of Earth P ucts
The process of removal of natur eposits of miner ores , soils or other solids , liquid or gaseous matter
from their original location . It does n include processing of such material , beyond incidental
mechanical consolidation or sorting to fa ' ' e transportation to the site of use or location of further
processing .
FONSI
A Finding of No Signific mpact . As pertaining to an EA IS .
Family
For purpo of this Ordinance , family shall be defined as an individual o o or more persons related by
blood arriage or adoption , living together in a dwelling unit ; or a group of n ore than five persons
w need not be related in a dwelling unit . A "family" may include five or fewer to r children .
Family Care Facility
sta##. A facility which meets the definition of a family care home in NCGS 168 - 21 .
Family Day Care Horne211
ily Income
The ss annual sum of all income received by all adult members of the household , includi
a) ned income from wages for all family members over the age of 18 ;
b) Inco from assets ;
c) Child su ort , alimony , Welfare payments , Social Security payments , in ding SSI , Worker ' s
Compensati and Unemployment benefits ;
d ) Regular contrib ' ns and gifts ;
e ) Income from a buss ss ;
f) Earned income tax cre ;
g ) Lump sum payments such inheritance , insuranc ettlements , and proceeds from sale of
property ; and
h ) Income from absent military perso el who e considered family members of the household .
Farming
The use of land consistent with the St of North Caro ' a' s definition of farming , as contained in the
General Statutes .
Farm , Bona Fide
The use of land meeti the criteria for " Farm " as defined by the State North Carolina in the General
Statutes .
Farm ipment , Non - Farm Use of
Com ercial use of the farm equipment for non -farming activities away from a bona fid rm . Examples
i ude grading services and landscaping services .
284 There has been confusion with respect to what constitutes a 'family care home' . The Attorney has
recommended the definition be modified by deleting the Red Bold Q * rise- + " ~ ^ " ^4 Underlined text.
285 The term is no longer utilized and is being eliminated .
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Article 10 : Definitions
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km Equipment Rental , Sales and Service
An e's blishment engaged in the rental , sales , service , and/or repair of constr ion or farm equipment ,
including cavators , loaders , graders , bulldozers , farm tractors 50 horse p er or more in size and other
large , heavy- types of equipment used in the construction or farm ] industries but not including
horse trailers , truc or other vehicles designed for use on public r ds .
Farm Supply Store
An establishment engaged prima ' in the sale or ren of farm tools , small farming equipment , and farm
supplies . Retail sales of animal feed , in , hardw , lumber, tack , riding attire , animal care products ,
and the like may be an ancillary activity .
Federal Emergency Manage t Agenc EMA)
The agency of the federal govern nt chiefly responsible studying and mapping flood plains and
developing guidelines limitin velopment therein .
Feed Mill
A building with inery and apparatus for grinding and/or bagging grain .
Fern zer
y 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 . 2es
ancially Responsible Person
In re rds to soil erosion and sedimentation control provisions , and party or entity w 6 has financial or
operati control over a land - disturbing activity and/or the landowner or party/enti in possession or
control of t land who had directly or indirectly allowed a land - disturbing activ ' or had benefited from
such activity .
Fixture
The assembly that house the lamp or lamps and can include all some of the following parts : a
housing , a mounting bracke r pole socket , a lamp holder , a last , a reflector or mirror , and/or a
refractor or lens .
Flexible Development
A subdivision in which greater flexibility an desi creativity is encouraged and allowed to preserve
agricultural and forestry lands , natural and cu ral features , and rural community character that might
otherwise be lost through conventional de v opm t approaches . At lease one -third ( 33 %) of the land
within a Flexible Development subdivisi must be s aside as open space which may be preserved
through :
a) An " estate lot" option wh all land is subdivided i lots four acres or greater in size , building
lot area including setba ks are established on 50 % of ch lot , and the land area outside such
area is preserved open space provided that front and e yard setback areas shall not be
counted toward eeting the minimum open space requireme except as specified by provisions
of Section 8 . . 4 ; or
b) A " conse tion - cluster" option where lot sizes are reduced and the nd saved through such
reduct ' s is preserved as open space on separate lots owned and ma ' tained through a
ho owners association , a non - profit land conservancy or unit of state or cal government ; or
c) 'village " or modified cluster option where dwelling units are clustered aroun village green
and supporting shops , and the village is surrounded by open space ; or
d ) Some combination of the above .
286 New term being defined to ensure proper reference to what is going to be permitted as part of the land use
category .
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Article 10 : Definitions
Section 10 . 1 : Definitions
escribes federal , state or local regulations in any combination thereof , which provide standards for
p venting and reducing flood loss and damage .
Floo Proofing
Any co ination of structural and nonstructural additions , changes , or adjustme s to structures , which
reduce or liminate risk of flood damage to real estate or improved real propert , water and sanitation
facilities , or tructures with their contents .
Flood - resist notmaterial
Any building prod t , material , component or system , capable of withst ding direct and prolonged
contact ( minimum hours ) with floodwaters without sustaining dama that requires more than low- cost
cosmetic repair . Any aterial that is water- soluble or is not resistant o alkali or acid in water , including
normal adhesives for a ve - grade use , is not flood - resistant . Pres re -treated lumber or naturally decay-
resistant lumbers are acc table flooring materials . Sheet-type fl oring coverings that restrict
evaporation from below an aterials that are impervious , but do ensionally unstable are not acceptable .
Materials that absorb or retai water excessively after submer nce are not flood - resistant . Please refer
to Technical Bulletin 2 , Flood D mage - Resistant Materials R quirements , and available from the FEMA .
Class 4 and 5 materials , referenc d therein , are acceptabl lood - resistant materials .
Floodway
The channel of a river or other waterco se and the a acent land areas that must be reserved in order to
discharge the base flood without cumulate ely incre ing the water surface elevation more than one foot .
This term may also be referred to as " regul ory flo dway . "
Floodway encroachment analysis
An engineering analysis of the impact that a op ed encroachment into a floodway or non .
encroachment area is expected to have on e floo ay boundaries and flood levels during the
occurrence of the base flood discharge . T e evaluati shall be prepared by a qualified North Carolina
licensed engineer using standard engine ring methods nd models .
Flood Zone
A geographical area shown on a FI od Insurance Rate Map t t reflects the severity or type of flooding in
the area .
Floor
See " Lowest Floor" .
Floor Area Ratio
Floor Area Ratio ( FAR ) s the maximum floor area permitted for each square oot of land area .
Footcandle
See Outdoor Ligh Ing , Foot - candle .
Forest Pla ation
An area of p nted trees that may be conifers ( pines ) or hardwoods . On a plantation , the ' tended crop
trees are p nted rather than naturally regenerated from seed on the site , coppice ( sprouti ) , or seed
that is bl n or carried into the site .
For t Vegetation
The lants of an area which grow together in disturbed or undisturbed conditions in various woode lant
co munities in any combination or trees , saplings , shrubs , vines , and herbaceous plants . This inclu s
ature and successional forests as well as cutover stands .
Foundry
Orange County, North Carolina — Unified Development Ordinance Page 10 - 17
Article 10 : Definitions
Section 10 . 1 : Definitions
I A land use involved with the production of castings or products through poring molten metal into molds or
287
casts .
raternity , Sorority House
A uilding occupied by and maintained exclusively for college or university students who are iliated with
a s ial , honorary or professional organization and which is recognized by the college , univ sity or other
institu ' on of higher learning .
Freebo d
Height adde to the Base Flood Elevation ( BFE ) to account for the many unknown f ctors that could
contribute to f od elevations .
Frontage , Bui ing
The linear length of building facing a public street right - of -way , exclusive o alleys ; or the linear length of
the street right- of-way at faces the building , whichever is smaller .
Frontage , Lot Line
The distance measured alon the designated front lot line or public private right - of -way or easement ,
as determined by the Planning [ rector , which affords vehicular ac ess to the property between the
points of intersection of the side t lines with such right - of-way o easement . For the purposes of this
definition , businesses have only on frontage .
Frontage , Tenant
Each lineal foot , or major portion thereof , easured alon the main entry of a tenant space within a non -
residential complex .
Full Cutoff Fixture
See Outdoor Lighting , Full Cutoff Fixture .
Functionally Dependent Facility
A facility , which cannot be used for its inte ed purpose nless it is located in close proximity to water ,
such as a docking , or port facility necess y for the loadin and unloading of cargo or passengers ,
shipbuilding , or ship repair . The term d es not include long - rm storage , manufacture , sales , or service
facilities .
Garden Center
Retail sales operation providin awn and garden supplies and smal quipment rental primarily for home
landscaping . Typical product include , but not limited to , decorative s ne , garden ornaments , decorative
pots , container plant stock , nd bagged or bulk sand , mulch and topsoil . Seasonal sales such as
Christmas trees , pumpkin and flowers are permitted in the outdoor displa area .
General Use Zon ' g District
The various zoning istricts contained in Article 3 of this Ordinance that are not nditional Districts .
Conditions canno e applied to general use zoning districts .
Glare
Light emittin from a luminaire , solar panel , glass , or similar reflective surface with an int sity great
enough to educe a viewer ' s ability to see or to cause annoyance , and , in extreme cases , c using
moment ry blindness .
Go Course
A act of land designed and laid out for the game of golf . Golf courses include , but are not limited t
courses open to the general public for a daily user fee , private courses available to members and the
287 Definition of new land use .
Orange County, North Carolina — Unified Development Ordinance Page 1 0 - 1 8
Article 10 : Definitions
Section 10 . 1 : Definitions
sts , courses proposed as single , independent uses , as well as those planned as an ac sory use
whichls4zart of a residential or recreational development .
A golf cours velopment may also include the following accessory uses an ilding typically
associated with sLiNi,.a facility : club house ; restaurant/snack bar ; barro , prop shop ; billiards ; table
tennis , spa/ health club ; uetball , hand ball , and tennis courts mming pool ; locker rooms ; and real
estate sales office .
Goods , Incidental
Retail goods for sale in a manner cus ry an ordinate to the provision of a service , eg . Beautician
selling hair products .
Gross Floor
The area w' ' the perimeter of the outside walls of a building as measur rom the exterior face of the
exter ' alls or from the centerlines of walls separating two buildings , with no ction for hallways ,
irs , closets , thickness of walls , columns , or other interior features .
Group Care Facility
A faGility imc; ensed by the appropriate state agency , as a group Gare fac ty for from seven to
fifteen unrelated individuals eXG ! udong supervisory persomell , who are hand Gapped , aged or
disabled and are undergoing rehabilitation , or extend d 0 are provided serViGes to m
their speGific needs . This category nrAudes group homes for all ages , hallfmway houses , foster
and boarding homes . The following shall not be eligible for admission to a group care faGi44-Y1
b ) Persons adjust " ng to non - prison life , OnGludlmng but not limited to , pre - release , work.
release , probationary programs and juvenile detention centers .
A facility licensed b the he 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
288
personalized services or a supervised living arrangement in order to assure their safety and comfort .
Group Home
A residential living arrangement providing housing for six to 15 unrelated individuals other than a Group
Care Facility . ,289
ment
One or more principal structure rac or parcel of land and designed for occupancy
b m ra e amily , firm , business or other en .
Guest Ranch29°
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 r� � v � „ �
Rooms designed and used for living , sleepin a ions thereof . Bathrooms ,
toilet compartments , closets , halls , stora n ry and utility space ation rooms ,
and similar areas are n abitable rooms .
288 Existing definition being simplified and unnecessary language being removed , specifically the Red Bold
Strikpth .. ,, , . rth Underlined text . By keeping references to the need for a State license , we can eliminate the
denoted superfluous language .
289 There is a current disconnect with associated with living arrangements for a group of individuals exceeding the
definition of family who wish to live together but do not require personalized services or specialized care . This is a
new land use category attempting to address this issue .
290 For the time being staff is keeping this use in the Recreational Facilities land use category .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 19
Article 10 : Definitions
Section 10 . 1 : Definitions
Hazardous " � n ement Facility
A facility or any portion of a facility forte essing , treatment , recycling , recovery ,
or disposal of hazardous waste in accordance w ted by the State of North
Carolina D nvironment and Natural Resources .
Health and Personal Care Facility
A public or private facility , establishment , or institution providing housing for 16 or more unrelated
individuals who are furnished meals and health/ personal care on a continuing basis . Term includes .
convalescent homes , nursing homes , rest homes , assisted living facility sanatoria homes for the elderly ,
handicapped , disabled , youthful offenders , addicted to alcohol or drugs requiring professional health
care , adult supervision , or rehabilitation .
Health Services
Establishments of licensed practitioners , or licensed persons independently practicing a profession ,
primarily engaged in rendering medical , surgical and other health related and allied personal care
services in the health field ( e . g . physicians , physical therapists , dentists , medical specialists ) .
High - Density Option
e of two approaches available for development in some watershed overlay districts . Generally , the
hig - density option relies on density limits and engineered stormwater controls to mi ize the risk of
water ollution .
Highest djacent Grade ( HAG )
The highest n ural elevation of the ground surface , prior to construction , n t to the proposed walls of
the structure .
Historic structur
Any structure that is :
a) Listed individually i the National Register of Historic PI es ( a listing maintained by the U . S .
Department of Interio or preliminarily determined by e Secretary of Interior as meeting the
requirements for individ I listing on the National R ister ;
b ) Certified or preliminarily d rmined by the Secre ry of Interior as contributing to the historical
significance of a registered h toric district or a istrict preliminarily determined by the Secretary
to qualify as a registered histori district ;
c) Individually listed on a local inven ry of hi oric landmarks in communities with a " Certified Local
Government ( CLG ) Program , " which as een approved by the Department of the Interior ; or
d ) Certified as contributing to the historic ignificance of a historic district designated by a
community with a " Certified Local G ern ent ( CLG ) Program " . ( CLG Programs are approved
by the US Department of the Inter' r in coo ration with the North Carolina Department of
Cultural Resources through the tat e Historic eservation Officer as having met the
requirements of the National storic Preservatio Act of 1966 , as amended ) .
Holiday Decoration
Holiday displays , decorations d greetings , which relate to any erally designated holiday , legal
holiday or religious holiday .
Home Occupation ajor
An accessory busine use which is owned and operated by the resident of e property , located on a
single parcel of Ian at least five acres in size in the AR and R - 1 zoning distric and is clearly incidental
and subordinate the principal residential use of the property . Major home occu tions , which do not
meet the stand rds of a minor home occupation , shall accommodate for larger sca accessory business
uses by allo ng for an increase in square footage , number of onsite employees , stu ts , customers ,
clients , an annual events with an approved Class B Special Use Permit .
Ho Occupation , Minor
An ccessory business use , which is owned or operated by the resident of residentially- zoned p erty ,
a d is clearly incidental and subordinate to the principal residential use of the property .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 20
Article 10 : Definitions
Section 10 . 1 : Definitions
ark gggg
A parcel of Ian r single ownership which has been planned and im in compliance with
Sections 3 . 8 and 5 . 5 . 4 o lacement of mobile homes/m ured homes and Temporary
Residential Units for use during the ion of the he term includes mobile home parks
developed under previous permitting re '
Home Park S .
A parc nd occupied or intended to be occupied by one and only one Mo e or Temporary
esidential Unit and for the exclusive use of the occupants of said dwellings .
Hotel , Motel , Motor e , Motor inn , inn Tourist Go urt291
Week ,s , or teR c) r more dwellffiRg units ! Rtended primarily fer rental er lease to traRS ' eRts by the day er
Hotel , Resider
' r g
uR ; ts ava ' lable fGr E) GGUpaRGY GRIY f9r periGGIS ef thirty days Gr lGRger , provided , however , that temparar
ledgiRg uRits for guests of Fegular tenaRtS may be provided iR any resideRtial hetel , with number Of SUGh
, + c limi + nrl + n illo% of the n , , mhnr of tnnan + Inrininn , ini + c 292
, ni
diate Neighborhood
A subdivisio ea of the county which distinguishes it from other subdV.;Erig s or areas by virtue of its
location within the sery a of a park site or sites as shown adopted " Recreation Service Area
Boundaries Map " on file in the P a epartment .
Impervious Surface
A surface composed material that impedes or prevents the na i3gigggaI4 Itration of water into the soil .
Such surfac ude concrete , asphalt and gravel surfaces . These include , bu t be limited to ,
st and parking areas , sidewalks , patios , and structures that cover the land .
iin�3� ai�I inhn 293
ManufaOuring & pro . . . . , , Jj . ,. eratoGRS that ecGur entirely indeers and have limited impaGts OR
surroundiRg properties limited te , predwGtieri of the following : feed preduGts
but not
,
.
household ,
•
industr U al , Heavy
MaRufaGturing & . erations with a greater pc) teRtial te impaGt surreunding properties , where a
majority (DF large GGmpeRent of the eperatieR may GGGLAr R the epeR air . SiiGh uses may iRGlude , bUt RE) t
be limited te , the f0l ' C) WiRg � asphalt mixing plaiits ; Gement ma �i6ifaGWFiRg 0. 10 `. GeSSIRg ; GC) Mme. rG@al feed
p-reGessing ( paGking and renderiRg ) plants 9 nG ! LAding meat , peultry and fish ; and , GeRGrete MiXiRg plants .
291 Now part of the Short Term Rental use category .
292 Staff is recommending this be eliminated as being overly redundant .
293 The UDO no longer makes references to ' light' , ' medium ' , or ' heavy' industrial land uses . Identified land uses
and development criteria are now incorporated within Article 5 .
Orange County , North Carolina — Unified Development Ordinance Page 10 - 21
Article 10 : Definitions
Section 10 . 1 : Definitions
filtration
The sorption of stormwater run - off into the ground . Infiltration allows for pollutants to be ' red from
the Ovate rior to its reaching the groundwater table , preventing the deposit of the pollu is directly into
drinking wat upplies .
Institutional Use
A nonprofit , religious , or pu c use , such as a church , library , public rivate school , hospital , university ,
or government owned or opera building , structure , or land us or public purpose .
Interested Person
For purposes of quasi -judicial hearings an int st person is one who has standing as that term is
defined by applicable North Carolina statutor se law .
Junk Yard
An establishment operated or tained for the purpose of sto ' , dismantling , salvaging , recycling ,
buying or selling scrap or u materials such as paper , metals , rub rags , glass , wrecked , used or
dismantled products a articles , such as machinery , vehicles , applianc nd the like .
Junked or Pecked Motor Vehicles
Motor Ve es which do not display a current license plate or a current registration stic r and which
eithe : a) are partially dismantled or wrecked , or ( b ) cannot be self- propelled or moved in t manner in
ich originally intended to move .
Kennel ( Class 1 ) 294
GWRed by the property c) wnerl
nnel ( Class II )
An ettkblishment involving animals of any species , excluding domesticated livestock , en ed in any of
the follo
a) The ning or keeping , for any purpose , of 20 or more animals
b) The sells and/or training of guard dogs or security dogs
c) The keeping more than five animals at any given time for the p ose of breeding , boarding , or
rehabilitation .
The operator of a Kennel ( CI II ) shall be allowed to reside on t property to ensure the continuous
care of the animals kept on - site .
Lamp
See Outdoor Lighting , Lamp .
Land Area Measurement Defini ' ns
( See Lot Line , Lot Line Front , Lot Li ear , Lot Line Side , en Side , Open Space Front , Open Space
Rear)
Land - Disturbing ivity
Any use of the land at results in a change in the natural cover or topograp that may cause or
contribute to se entation .
Land
A within which is deposited solid waste material , including trash , construction debris , st s ,
ranches and limbs , garbage and industrial waste .
294 Staff is eliminating the definition and the existing land use . In staff' s opinion , this was never intended to be a
principal land use in and of itself as it currently exists .
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Article 10 : Definitions
Section 10 . 1 : Definitions
dfill , Discharging
A an facility with liners , monitoring equipment and other measures to detect and/or pre eeachate
from enter the environment and in which the leachate is treated on site and dischar to a receiving
stream . Disch ' ng landfills require a National Pollution System ( NPDES ) Permit m the North
Carolina Division o ter Quality .
Land Use Intensity Defi : ions
( See Non - residential Land Area , No esidential Floor Area , R dential Floor Area , Floor Area Ratio ,
Open Space , Open Space Ratio , Livabi Space , Livabili pace Ratio , Floor Area Ratio , Open Space ,
Open Space Ratio , Recreation Space , Recre n S e Ratio , Pedestrian / Landscaped Space ,
Pedestrian / Landscaped Space Ratio . )
Land Use Permit
A zoning permit , subdivision ap al , building permit , site plan , s cial use permit , or conditional use
permit .
Land Use Pla
A set of doc ents and maps that categorize existing patterns of land development a set guidelines for
the des ' le intensity , density , quantity , type , location and timing of future development b d upon the
go and policies set forth in the Plan . The Land Use Plan can be found in the Land Use Ele t of the
omprehensive Plan .
Leather and Allied Product Manufacturing 295
Land uses involved in the transformation of previously finished leather into products for eventual sale or
distribution . This includes products , except for apparel , made from leather substitutes including rubber ,
plastics , or textiles . This does not include the transforming of raw product to allow for the development of
a product . Please refer to Leather and Hide Tanning and Finishing .
Leather and Hide Tanning and Finishing 295
Land uses involved in the transformation of hides into leather through tanning or curing . Does not include
the manufacturing of leather into products for eventual sale or distribution .
gth of Wall
The h ' zontal distance from corner to corner . Where walls in continuous general frontage s in the case
of attache wellings ) are off - set by angles or setbacks of six feet or more , the length ach segment so
set off shall be easured separately in establishing pertinent yard depth . Length o e wall of a circular
building shall be c trued as the diameter of the building .
Letter of Map Change OMC )
An official determination issued EMA that amends or revises a effective Flood Insurance Rate Map
or Flood Insurance Study . Letters o p Change include :
( a) Letter of Map Amendment ( A ) : An officia mendment , by letter , to an effective National
Flood Insurance Program map . OMA i ased on technical data showing that a property
had been inadvertently mapped as b in the floodplain , but is actually on natural high
ground above the base flood eleva ' n . A MA amends the current effective Flood
Insurance Rate Map and estab ' es that a sp ific property , portion of a property , or
structure is not located in a ecial flood hazard a
( b ) Letter of Map Revision MR ) : A revision based on hnical data that may show changes
to flood zones , floo evations , special flood hazard area ndaries and floodway
delineations , an other planimetric features .
( c ) Letter of Ma vision Based on Fill ( LOMR - F ) : A determination th a structure or parcel of
land has een elevated by fill above the BFE and is , therefore , no longe cated within the
spe ' flood hazard area . In order to qualify for this determination , the fill m t have been
mitted and placed in accordance with the community ' s floodplain manageme
regulations .
295 Definition of new land use categories .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 23
Article 10 : Definitions
Section 10 . 1 : Definitions
tain
Gener ervicing and upkeep to keep an object in a safe , operable , and attractive condit '
Major Deve ment Project
Includes , but is not ' ited to , shopping centers , Conditional Use projects , an industrial and commercial
projects , but does not i de any projects of less than two contiguous ac s in extent .
Major Intersection
Any intersection where traffic gener d by a development pr osal will have a significant impact on the
operation of the intersection .
Manufactured Home
A dwelling unit , transportable in one or more s tion at :
a) Is not constructed in accordance ' the standa s of the North Carolina Uniform Residential
Building Code for One - and T - Family Dwellings ;
b) Is composed of one or mor components , each of whic as substantially assembled in a
manufacturing plant an esigned to be transported to the h e site on its own chassis ,
c) Exceeds 40 feet in gth and eight feet in width ,
d ) The manufactur voluntarily files certification required by the Secre of the Department of
Housing an rban Development and complies with the standards esta shed , and
e ) Is built o permanent chassis and designed to be used with or without a p manent foundation
whe onnected to the required utilities .
Ma actured home park or subdivision
A arcel ( or contiguous parcels ) of land divided into two or more manufactured home lots for rent or le .
Manufacturing Assembly , Processing , and Distribution Use 296
An establishment engaged in the mechanical , physical , or chemical transformation of materials ,
substances , or components into new products . The assembling of component parts into a final product
can also be considered part of this category . This term encompasses 2-two different categories of land
uses . namely : Manufacturing , Assembly , Processing , and Distribution Uses — Food and Manufacturing .
Assembly , Processing , and Distribution Uses — Other .
et Value
The bu ' ng value , excluding the land , ( as agreed to between a willing buyer and se r , as established
by what the al real estate market will bear . An independent certified apprais an establish a market
value using : rep ement cost depreciated by age of building ( Actual Cash ue ) or adjusted assessed
values .
Massage
The manipulation of body muscle o ssue by rubbing , s ing , kneading , or tapping , applied by hand ,
arm , foot or mechanical device .
Massage Business
Any establishment or business wherei as age is pr iced , including establishments commonly known
as health clubs , physical cultures ios , massage studios d massage parlors .
Massage , Busines f
The massage or tre ent of any person for a fee or in expectation of a pity from the person
massaged .
Mas ge , Profession Of
S " massage , business of " .
296 Additional language added to ensure clarity with respect to what is and is not included .
Orange County, North Carolina — Unified Development Ordinance I Page 10 - 30
Article 10 : Definitions
Section 10 . 1 : Definitions
e Practitioner
Any perso aged in the business or profession of massage .
Meat Processing Fac Community
A smaller scale facility where livesto e is slaughtered , processed , and packaged for personal
consumption and/or wholesale or r sale . livestock must be raised on the subject farm and from 1
to 4 other cooperative farm ers .
Meat Pro ing Facility , Regional
A lar cale facility where livestock is slaughtered , processed , and prepare distribution for
wholesale or retail sale .
Medical Uses
See " Health Services . "
tal Fabrication Shop
A f ility that is engaged in the shaping of metal and similar materials for wholesale or ret sale .
Micro ewery , production only
A facility th produces less than 15 , 000 barrels per year of craft malt beverages f wholesale or retail
sale and con mption off the premises . Shall be considered a bona fide farmin se if located on a farm
and using prim fly crops produced on - site .
Microbrewery w h Minor Events
A facility that produces ss than 15 , 000 barrels per year of craft malt verages for consumption on - or
off- site with limited hours r tours of the facility and tastings of the oducts produced on - site , and small
periodic events that are exp ted to attract fewer than 150 peopl o the site . Food services may be
permitted under the condition a zoning or special use permit ap roval .
Microbrewery with Major E nts
A facility that produces less than 15 , 0 barrels per ye of craft malt beverages for consumption on - or
off- site with tours of the facility , tastings the produc produced on - site , and periodic events that are
expected to attract more than 150 people the sit . Food services may be permitted under the
conditional zoning or special use permit appr v
Mobile Home
A dwelling unit that :
a ) Is not constructed in accordan with the stan rds of the North Carolina Uniform Residential
Building for One - and Two - mily Dwellings ;
b) Is composed of one or m e components , each of ich is substantially assembled in a
manufacturing plant an designed to be transported t the home site on its own chassis for
placement on a temp rary or semi - permanent foundatio when connected to the required utilities ,
and includes the p mbing , heating , air conditioning and e ctrical systems contained therein ; and
c) Exceeds eight f t in body width and 32 feet in body length .
d ) Is certified by e Secretary of the Department of Housing and rban Development as meeting
applicable ndards .
Mobile home sh also mean a double - wide mobile home and shall be consi ered synonymous with the
term manufac red home .
Mobile ome , Accessory
A subo inate structure , the use of which is customarily incidental to the permitted use f the principal
buil ' gs . Accessory uses include , but are not limited to :
a) Storage unit ,
b ) Office , and
c) Classroom facility .
Orange County, North Carolina — Unified Development Ordinance Page 1 M1
Article 10 : Definitions
Section 10 . 1 : Definitions
mobile home , as an accessory structure , must not create non - conforming yar or setbacks . The
insta of a mobile home , as an accessory structure , is exempt from the uirements set forth herein .
Skirting is re ed , and the mobile home must be connected to the re d utilities , which include the
plumbing , heating , conditioning and electrical systems contain erein , provided the unit is not
installed for the purpose torage . The Orange County He Department shall determine what type of
sewage disposal system is ap riate . If the unit is in ed for the purpose of storage , only
underskirting is required , connection he requir tilities ( listed above ) is optional .
Modular Home
A dwelling unit constructed in a rdance with the cons ion standards of North Carolina Uniform
Residential Building Code One - and Two - Family Dwellings composed of components
substantially assemb in a manufacturing plant and transported to building site for final assembly
and placement a permanent foundation . Without limiting the generality e foregoing , a modular
home ma nsist of two or more sections transported to the site each on its ow assis or steel frame ,
or a es of panels or room sections transported to the site on a truck and erected , a bled , or joined
th re .
Motor Vehicle Maintenance and Repw297
An establishment where the following services are available :
a ) Body work ,
b ) Straightening of body parts ,
c ) Painting , and
d ) Welding ,
e ) St (1Yage of mntnr VehiGie not in Gperr+ tinn nnnrlitinn
Motor Vehicle Repair Garage 298
An establishment where the following services are available :
aL.mMajor mechanical repairs , including engine overhaul , aft
b) tTransmission work . Repair garages can also offer services similar to service stations .
c ) Sale and servicing of spark plugs , batteries and/or distributors and ignition systems parts :
d ) Sale . servicing and repair of tires , but not recapping or re - grooving :
e ) Replacement of mufflers . tail pipes . water hoses , fan belts , brake fluid , light bulbs , windshield
wipers and blades , grease retainers . wheel bearings and the like ;
f ) Radiator cleaning , flushing and fluid replacement ;
q ) Provision and repair of fuel pumps , oil pumps and lines :
h ) Adjustment and repair of carburetors ;
i ) Adjustment and repair of brakes ;
0 Adjustment and repair of wiring ;
k ) State motor vehicle inspections ; and
1 ) Temporary storage of motor vehicles not in operating condition while work is being performed
onsite .
Motor Vehicle Service Station
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 : a sal, S marde
parts ;a ) Sale and Se �VIG i Rg ef spark plugs , batteries aRGI/E) F distributers and igAitIOR systems
;
G ) ReplaGeMeRt Gf MUfflerS , tail pipes , water heses , faR belts , brake fl6iid , light bHlbsl WIRdshoeld
wipe o and blades , gi: ease retaiRers , � -c.Tand t e like ;
297 Staff is recommending modification of existing definitions to ensure there is a proper and identifiable
distinction between the various motor vehicle land uses .
298 Staff is taking existing language from the definition of ' Motor Vehicle Service Station ' and placing here . These
activities are consistent with a ' Motor Vehicle Repair' land use .
299 Commonly referred to as a gas station . Staff is modifying the existing definition to ensure consistency .
Orange County, North Carolina — Unified Development Ordinance Page 10 -32
Article 10 : Definitions
Section 10 . 1 : Definitions
d ) Radiator Gleaning fli shirig and fluid replacement "
ff )Grer+ iRg and i br ' G t
o \ Provision her! repair of fuel pi imps nil pi imps and link
h ) Minor adjustment and repair of cork s ;
it Adjustment ;4nrl repair of hr . hes ;
i1 Gmernennv repair of [ curing "
J}.a).Sales of beverages , packaged foods , tobacco products and similar convenience goods for
customers , as accessory and incidental to the principal operations ; and
FP412 Provision of road maps and other travel information to customers ;
n1 PrOVIOlen of restreem faGffilitieS ; aRA
e ) State meter vehicle inspeGt . e. ,P. P. P.JA. P. Gt �AtA� ln q� PGt a repair garage RGr a body shops Uses permissible at a GerViGe station do not
ultiple Use
Th ombination on one lot of two or more principal uses , excluding outdoor advertising sign ( Under
some rcumstances , a second use may be regarded as accessory to the first , and thus a ultiple use is
not esta ' shed . )
Net Assets
The equity value f real property such as land , buildings , Certificates of Deposi Checking and Savings
accounts , money m rket accounts , stocks , bonds , cash , IRA of KEOUGH ac unts , gold or precious
metals , and business uipment . Family or personal assets such as furni re , automobiles , wheelchairs
or other special equipm t , household goods , boats and recreational v icles are not included .
New construction
Structures for which the " start of nstruction " commenced on after March 16 , 1981 , and includes any
subsequent improvements to such ructures .
Night Club , Bar , or Pub
An establishment that allows food , alcohol [ rink a or entertainment .
Non = Conformance
Non - conformities are :
a) Lots ;
b) Uses of land without structure r with minor str tures only ;
c) Uses of major structures an remises ;
d ) Characteristics of Use ; a
e ) Structures
which were lawful but would e prohibited , regulated or restricted b he enactment of this Ordinance or a
subsequent amendment ereto . Non - conformity may also be create y lawful public taking or actions
pursuant to a court ord and have the same effect as violations of this finance , if undertaken privately .
Non = Convers ' n Agreement :
A document st ing that the owner will not convert or alter what has been constr ted and approved .
Violation of e agreement is considered a violation of the ordinance and , therefore , ubject to the same
enforcem t procedures and penalties . The agreement must be filed with the recorde deed for the
proper The agreement must show the clerk' s or recorder ' s stamps and/or notations th the filing has
bee completed .
on - Encroachment area
Orange County, North Carolina — Unified Development Ordinance Page 10 - 33
Article 10 : Definitions
Section 10 . 1 : Definitions
el of a river or other watercourse and the adjacent land areas that must be reserved i o
discharge the d without cumulatively increasing the water surface elevatioDl han one foot
as designated in the Flood n Study report .
Non - Point Source Pollution 11 Mill
Pollution which enters water as a result of precipitation and su t run - off from lands which
have been distu man ' s activities and includes all sources of water pollution e not required
to ate or local or state permit for discharge into a stream .
P� R 300
14Q,niiiiiiResidential Development
Deve ent of any land use which is not residential in nature , including uses ( su as churches ) which
are allowe esidential zoning districts .
Non - Residential r Area - Inclusions and Exclu s
The sum of areas for non - rest tial use on all floors of the ding measured from the outside faces of
the exterior walls , including halls , to es , arcades , stair ys , elevator shafts , enclosed porches and
balconies , and below- grade floor areas u for n esidential access and storages . Not countable as
floor area are :
a ) Open terraces , patios , atriums , alconies .
b ) Any residential space .
Non - Residential L Area
All land for non - res ' ntial development and related uses , including open sp within the district in the
case of locatio which are controlled by these regulations . Non - residential land shall not be
construe include lands not beneficial to non - residential use due to location or chara or areas
use edominantly for residential purposes .
Nursing Home
A faiGility , liGensed by the appirepr M ate state ageRGY fC) F the Gare c) f aged GF iRfirMed individuals , that meet
the requirem, eRtS set f ^ gh OR this r ,l ' RaRGe . See Health and Personal Care Facilit . 301
rient Sensitive Waters
Those w which are so designated in the classification schedule in order to limi ischarge of
mill
nutrients ( usually en and phosphorous ) . They are designated by 1i owing the water
classification .
Obstruction
Includes , but is not limited to , any dam , arf , e ment , levee , dike , pile , abutment , protection ,
excavation , channelization , brid nduit , culvert , building , w nce , rock , gravel , refuse , fill ,
structure , vegetation or o material in , along , across , or projecting in watercourse , which may
alter , impede , re , or change the direction and/or velocity of the flow of water , e to its location , its
propensi snare or collect debris carried by the flow of water , or its likelihood of being ed
stream .
300 Land use was eliminated as part of this process .
301 Staff is recommending maintaining a reference with respect to the new land use category incorporating the
identified use .
Orange County, North Carolina — Unified Development Ordinance Page 10111, 34
Article 10 : Definitions
Section 10 . 1 : Definitions
Office Use
A use ofprepertyA land uses providing ter- professional and clerical activities associated with the
operation of a business or provision of professional services to clientele .
Offines 8. Personal erymc; es Glass 1302
,
generate I . . . traffiG volumes ( < 100 tr ps/day ) , and have no advE. , . . . , . . ,. . .ts beyend the spaGe GGGUpied
by the buildiRg .
Offtes & Personal ServiGes Class 7
OffiGes and. personal serviGes that generate medium traffiG VGlHMeS ( 100 - 400 trips/day ) , and have Re
Offines S2. Personal SelfViGes Glass-3
vrrrv�.s�r �--v-rv��,
QffiGes and persGRal services that generate high traffiG volumes ( > 400 trips /day ) , and haVe Re adverse
Wnp
O �. en Burning Of Trees , Limbs , Stumps And Construction Debris Associated With
The , ermitted Activity
The dis sal of limbs , stumps and construction debris associated with the perm ' ed activity by means of
outdoor fir
Open Space ( flexible development )
" Primary Open Sp e Areas " and " Secondary Open Space Areas " , as efined in Section 7 . 12 . 4 , which
are preserved throug conservation easements or other restrictions ' a flexible development subdivision .
Open Space = ( land a intensity)
A . Open space is the to horizontal area of uncovered pen space plus half the total horizontal
area of covered open s ce subject to limitations t forth below .
B . Uncovered open space is tal gross land area t covered by buildings , plus open exterior
balconies and roof areas imp ved as recreat ' n space .
C . Covered open space is usable en space osed to the sky , but having two clear unobstructed
open or partially open sides . Parti ly op n sides is to be construed as 50 % or more . Examples
of covered space are covered balcon6 , covered portions of improved roof areas , or space under
buildings supported on columns or p st or cantilevered . The square footage countable as
covered open space shall not exc d the uare footage of the open space sides .
Open Space Ratio
The minimum square footage of op n space required for e ch square foot of gross land area . This area
includes parking and vehicular a ess areas and it can also i lude balconies , and roofs improved for
recreation .
Outdoor Advertisin ndustry
The organizations that ovide outdoor displays or display space on a I se or rental basis .
Outdoor Light " g
Installation of li ting equipment , whether attached to poles , building structures , e earth , or any other
location to all for the illumination of a building and exterior area ( s ) within the co nes of a defined
property lin Included are open air spaces on a property , which are under a roof or her cover and not
fully encl ed such as a canopy , pavilion , drive -through bay , or parking deck .
Ou oor Lighting , Cutoff Fixture
soz These definitions are being eliminated . Regulation governing operational parameters of an ' office ' land use are
now located within Article 5 of the UDO .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 35
Article 10 : Definitions
Section 10 . 1 : Definitions
Pikltdoor Lighting — Sodium Vapor Luminaries
Lamp ithin which ultraviolet and yellowish - orange visible light is pro ed by an electric charge through
a small am nt of sodium and neon gas .
Outdoor Lightin Tube Lighting
Gas -filled glass tube , exc Ong common fluorescent e bulbs , that becomes luminescent in a color
characteristic of the particular used , such as on , argon , krypton , etc .
Outdoor Lighting , Upward
Projection of light above the horizo I plane .
Overlay Zoning Dis t ; Overlay Zone
A special zoning dist ' that applies supplemental standards ddition to the underlying zoning
requirements .
Pack Treatment Plant
Pri ely owned and operated sewage treatment facility . These plants are prefab 0 ted by the
anufacturer 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 . 363
Paiting Deck
A specia ture of two or more levels designed to be used for the tempor storage of motor vehicles .
Pedestrian / Landsca atio
This is the minimum square footag edestrian ac and landscaped areas in a non - residential
development for each square foot of gross ea .
Pedestrian / Landscaped ce
Pedestrian/ landscaped ce is part of total open space appropriate roved and located as outdoor
space for pedes ' use and for aesthetic appeal . Such space includes law d other landscaped
areas , w ays , paved terraces and sitting areas . Such space shall not be used fo icles except for
in ' tal service , maintenance or emergency actions .
Personal Services
An establishment engaged in providing services generally involving the care of the person ( e . g .
hairdresser , tailor , laundry , etc . ) .
Petroleum and Coal Product Processing , Preparation , and Distribution304
A land use engaged in the transformation of crude petroleum and coal into usable products , including the
separation of crude petroleum into component products through such techniques as cracking and
distillation . Allowable activities include manufacturing of asphalt for paving or roofing manufacturing of
asphalt shingles and coating . This activity does not include the manufacturing of Petroleum and
Lubricating Oil and Grease Manufacturing or Petroleum Refinery operations as defined herein .
Petroleum and Lubricating Oil and Grease Manufacturing
A land use engaged in the blending or compounding of refined petroleum to make lubricating oils and
greases and / or re - refining used petroleum lubricating oils .
303 Definition of new land use .
304 As part of this amendment package , staff has recommended including several new definitions of land uses in
order to ensure appropriate reference to 'what' activity would be permitted . This will aid in detailing what is and is
not permitted for development within the County .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 37
Article 10 : Definitions
Section 10 . 1 : Definitions
Petroleum Product Storage and Distribution
The storage of finished/ refined petroleum products for sale and distribution including retail and wholesale
activities .
Petroleum Refinery305
A land use engaged in refining crude petroleum into refined petroleum products involving one or more of
the following activities : ( 1 ) fractionation ; ( 2 ) straight distillation of crude oil ; and ( 3 ) cracking .
ading
One of two types of gra i e .
Photovoltaic
Te gy that converts light directly into electricity .
Place of Worship
An assembly land use primarily providing meeting areas for the support of religious activities , servi
and study . The term includes , but it3s not limited to : church , temple , mosque , and synagogue . JUb
table Building
A bui ing not intended for residential use consisting of one or more modules construc d off the ultimate
site of u and transported to that site .
Post- FIRM
Development for ich construction started on or after March 16 , 1981 .
Pre - FIRM
Development for which con uction started before March 16 , 1 1 .
Premises
A parcel of land with its appurtenance nd buildings ich , because of its unity of use , may be regarded
as a unit of real estate .
Principally Above Ground Structur
A structure whereby at least 51 % of the a al cas alue of the structure is located above ground .
Principal Structure
Any building or other structure o upied or used for the purp e of conducting the principal use of the
property .
Principal Use
A use which falls un r one of the categories listed in the Table of Permit Uses , which is the primary
and chief purpos or which a lot is used .
Professi al Services
Establi ents that specialize in performing professional , scientific , and technical acti ' ' es for others .
Exa les include , but are not limited to , the following : accountants , architects , attorneys , entists ,
d ors , engineers , real estate agents , and veterinarians .
305 Staff held open houses to review the proposed amendments . During these meetings members of the general
public identified land uses they were concerned could be located within the County . This is one such example . As
previously indicated , staff is including definitions of several land uses in order to properly identify their operational
characteristics and provide sufficient detail on what will and will not be permitted .
306 This term takes the place of ' church ' within the existing UDO .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 38
Article 10 : Definitions
Section 10 . 1 : Definitions
P lic Body
Any go rnment or governmental agency of the Orange County , the State of North C ina , or the
United Sta of America .
Public Hearing
A hearing opened at a egular meeting of either the Board of C y Commissioners or the Board of
Adjustments .
Public Interest Area
Land which contains public or quasi - pu us such as state parks , research forests or known
archaeological or historical sites .
Public Safety Hazard an r Nuisance
Anything , which is injurio o the safety or health of an range County neighborhood , or any
considerable number persons , or unlawfully obstructs th ee passage or use , in the customary
manner , of any igable lake , or river , bay , stream , canal , or in .
Publ ' ehicular Areas
et in a platted subdivision which are open for vehicular traffic and have en 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 .
ation Space
Exterior are riately improved for common recreational art of total and livability open space .
Recreation Space Ratio
Recreation space ratio is th um square of open space in residential areas , suitable by
location , size , sh ccess and improvements , require square foot of gross land area . This
area i is or private exterior area improved for recreation of all r s , having a least dimension
0 feet , and average dimension of 100 feet and a minimum area of 10 , 000 squ t .
Recreational Vehicle ( RV ) 307
00000i000
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 .
al Facilities
A use of property occ rs and/or outdoors provi eational amenities , activities , or
services for compensation . Activities s a t not be limited to : sports played on a court ,
amusement arcades , bowlin ating rinks , shooting bilard and pool halls , paintball , rope
climbing or obs rses , go - kart or motor cross tracks , exercise centers MMdiff bic and yoga
s etic facilities , and gymnasiums .
Recycling of Materials308
307 Staff failed to correct the definition to ensure consistency with the term utilized in the Table of Permitted Uses
in the March 6 , 2019 Planning Board packet . This replacement page corrects the issue .
Orange County, North Carolina — Unified Development Ordinance Page 1 M9
Article 10 : Definitions
Section 10 . 1 : Definitions
A facility that converts waste or discarded materials into new materials or objects for sale and/ or use off
site . Activities can include the breaking down of asphalt/ concrete into stone/gravel , chipping of
wood /wood materials into mulch , composting , etc . Recycled materials can be sold on - site . The term
does not include the salvaging of metal or motor vehicles . Please refer to ` Junkyard / Salvage ' as defined
herein .
nce level
The bottom lowest horizontal structure member of the lowest floor for ures within all Special
Flood Hazard Areas .
Regulatory flood protection e e
The Base Flood Elevation plus the oard esta s this elevation . In Special Flood Hazard Areas
where Base Flood Elevati ave been determined , this e " on shall be the Base Flood Elevation
plus two feet of f ard . In Special Flood Hazard Areas where no as been established , this
elevati a I be at two feet above the highest adjacent grade . Regulatory rotection elevation is
i erchangeable with "design floods " .
R � ti�� Ftave Cara nility"I
handiGapped , aged , disabled , youthful effeRders , addiGted te alGehel Gr drugs , requir S Rg PrGfeSGOGRal
health Gare , adult supervision , or rehabilitation .
edy a violation
To bring ructure or other development into compliance with State and Or e County laws and
regulations . In to of compliance with Orange County floodplain man ment regulations , the term
shall also include reducti the impacts of a development ' s no pliance including protecting the
structure or other affected develo nt from flood damage , " plementing the enforcement provisions of
the ordinance or otherwise deterring futu ilar vi ons , or reducing federal financial exposure with
regard to the structure or other development .
Repetitive loss
Flood - related damages s ined by a structure on two separate occasion ring any ten year period for
which the cost of r rs at the time of each such flood event , on the average , eq r exceeds 25 % of
the market e , or the tax value in the absence of recent comparative sales , of the struc efore the
dam ccurred .
Research Facility Without Manufacturinq
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 ManufaGturo 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 .
Reservu � � ,
A body of water , such as a pon o d b er barrier to be used for public water
supply from which water flows by r umped it ent plant or to a small
intervening stora e M
ence to a treatment plant .
308 Definition of a new term . There is an existing facility off of Mt . Herman Church Road in the EDE - 2 General Use
Zoning district .
309 Now included as part of the ' Health and Personal Care Facility' land use under the Medical Uses land use
category .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 40
Article 10 : Definitions
Section 1021 : Definitions
b) A cafeteria style setting is provided where food , and/or beverages are consumed within the
restaurant structure .
Restaurant , Garr. i_ Out
premises , er at ether faGilities c) R the premises eytsffide the buildiRg , is pested as being prohibited
and s inh prohibition i trimly anfnreed by the restaur -� teur ,
and CT�v i I prohibit I V I l I V l J J L I I V l f r V r I l-V I ,
b ) F= Geds and beverages are Hsually served ' R edible , paper , plastIG er other dispesal GE) Rtainers
Restaurant , Drove _ i n
one or both of the fnllnln iRg ohr+ raGtor , tin
vi-rc�rr7vrrrv� V�-,-�-rZxc� `� .�S .
other meaRS whiGh elimitiate the Reed fer the GUGtGMeF to exit the meter veh ! Gle .
b ) The GGICISHMPtiGn Gf fGGds and beverages withitzi a meter vehiGle parked 61PGR t e premises , Gr at
permcrmiiti-ted .
Retail Glass 1311
Retail trade , sales , & reRtal ef durable and G () nveRiePGe geeds , meFGhaizidise & eqWipMeRt , iRGludiRg maii
Grder houses , where RG adverse ir:i; paGtS GGGUr bey9Rd Immediate spaGe GGGHpied by the buildi "InE
operations are desigRed tc) attraGt & serve feW GUStGmers Gr GlIeRtS OR premises other thaR employees of
the PFIRGIPle use ; there is a lew vel6ime ef traffiG geRerated ( 9 - 209 Trips Day) ; and all c) peratiGRs are
GGRduGted entirely withiR a fully eRelesed buildii:ig With RE) outside StGraffe-.
TRHeetaiIClassz
&Rd there is a medium yol „ mo of traffiG geRernted ( 200 800 Trips/Day).
RClass 3
Retail trade , sales , & reRtal ef duFable and GGRVeRieprGe geeds , merGhandise & equipment , inGlyd ' Rg mall
Retail Use
An establishment focused on selling goods or merchandise to the general public for personal or
household consumption and the rendering of services incidental to the sale of merchandise . Sale of
goods or merchandise can be completed - either by direct on - site purchase or through the receipt of a
request/order of an item that is mailed or picked up by the purchaser . Term includes the rental of
durable / convenience goods , merchandise , and equipment , " '
Retreat Center
An assembly land use Rew or exmstunq facil0tv operated by a nornora inn or assoniatinn of-persons
amenities , services-, and antivitiec to its
^ 'me- operated as a commercial activity .
311 Staff is eliminating reliance on ' daily traffic trips' as a means of ascertaining what is and is not allowable in a
given land use category/zoning district . Staff has added standards within Article 5 limiting building square footage ,
which creates the same effect as regulating traffic trips .
312 Expanding the existing definition to include language allowing for catalog or mail order houses as retail
operations consistent with the revised table of permitted uses ,
313 Red Bold Striket. hrall Underlined represents existing language being deleted from the definition .
Orange County, North Carolina — Unified Development Ordinance Page 10 -42
Article 10 : Definitions
Section 10 . 1 : Definitions
Re fitting
Measur such as flood proofing , elevation , construction of small levees , and of modifications , taken
on an existi building or its yard to protect it from flood damage .
Riding Stable
An establishment for boa ' ng , breeding , training or raising of h es , ponies , mules , and/or donkeys for a
fee ; and/or rental of horses , ies , mules , and/or donkeys r riding , driving , and/or instruction . Exercise
rings shall be considered access uses to a commer " stable . Smaller scale events , such as horse
shows expected to generate less tha 0 traffic trip er day , may be held no more often than once per
month . The operator of a commercial sta m reside on the property to ensure the continuous care of
animals kept on the site .
Riparian Area
An area that is adjacent to a y of water .
Riverine
Relating to , for by , or resembling a river ( including tributaries ) , stre , brook , etc .
Road
Se treet . "
Rooming House
A host occupied dwelling unit build Rg or group of attaGhed or detaGhed buildiRgS Gentain ng ,
where individual rooms are rented out for occupancy for
weekly or longer periods . Individual rooms do not contain kitchen or cooking facilities for occupant use .WL
rentalswmth or wmthout board , for residents , as d * sfinquwshed from hotels and tournst hernes In WhaGh
are nonnrally for daily or weeki ► periods and oGcupannV is by transients 39
Rurd uffer
Land adjacen n urban or transition area that is rural in character and whic uld remain rural and
not require urban ser
Rural Community Activity Nod nd
Land focused on designated road intersect " serve as a nodal crossroads for the surrounding
rural community and is an appropri cation for any o ollowing : church , fire station , small post
office , school , or other sim ' stitutional uses and one or more ercial uses .
Rural ignated
P erty that is not located in Urban Designated areas as defined in these definitions .
Rural Guest EstabllshmentS315
n
,
er n. thP. P,A,I * gGP. ri 1r ;41 rpsdential an. tivi, t 0 e s, Rural guest establishments. A� eps § Gt of three subGategeries based
are f6lrther defiRed below .
Bed and Breakfast inn . A business operated * R a strHGWre whiGh is used primarily feF previdiRg
314 The difference between a Rooming House and a Short Term Rental is the duration of stay ( weekly or longer
versus overnight ) . Note a Rooming House must also be host occupied ( i . e . the owner must live within the
structure ) . Red Bold S +l� Underlined represents existing language being deleted from the definition .
31S Relocated and contained in the new definition of Short Term Rental .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 43
Article 10 : Definitions
Section 10A : Definitions
area .The number ef gueStrOGMS may range from four to Re mere thaR eight .
RG mere th ;; p �24 The restauraRt shall GGRtaiR RE) mere th �qtp 60 seats . ( Glas A S
Rural Heritage Museum31 '
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 .
al Industrial Activity Node
Land used on designated road intersections which serves as a nodal crossroad or the surrounding
rural com pity and is an appropriate location for small - scale industrial uses w ch do not require urban
type services .
Rural Neighborh d Activity Node
Land focused on des ignat road intersections within a Rural or gricultural Residential area that is
appropriate for small - scale co ercial uses .
Rural Residential Land
Land in the rural areas of the County that is n a ropriate location for low intensity and low density
residential development which are not depen on urban services .
Rural Special Event
A temporary or seasonal commer ' activity that occurs on ona fide farm and which is expected to
attract more than 20 people at y given time .
Salvage yard
Property used for t storage , collection , and/or recycling of any type of equi ent whatsoever , whether
industrial or no ommercial , and including but not limited to vehicles , appliance nd related machinery .
Saw
A fa ' ity where off - site logs or timber are sawn , planed or otherwise processed into lumber o fhnr wood
ducts ; not including the processing of timber for use on the same parcel of property .
School - Preparatory 317
A land use providing academic courses designed to satisfy curriculum requirements/standards
established by the State of North Carolina Department of Public Instruction including pre - school through
12th grade/ pre - college activities provided by either public or private institutions . The term includes
kindergarten , elementary/secondary and high schools , schools for the mentally and/or physically
disabled . military academies , schools for the deaf or visually impaired , and alternative schools .
School — Performing Arts , Sports and Recreation
A land use providing instruction and / or training in the arts , such as music , art , or dance , and /or athletic
activities , such as martial arts but not approved by the North Carolina Department of Public Instruction . 318
316 While the land use category has been eliminated , staff has recommended the term continue to be used in the
new Section 5 . 18 . 3 to identify ' what' type of museum could be developed within the AR and RB general use zoning
districts .
317 This is the new land use category dealing with school land uses ( i . e . pre - k through 12 grade ) . It needs to be
remembered this includes public and private schools . The County does not distinguish between public/ private
institutions .
318 This combines all performing arts and /or athletic activities into a central land use category . Standards have
been located in Article 5 creating the necessary distinction ( s ) as to where such uses would be allowed .
Orange County , North Carolina — Unified Development Ordinance Page 10 - 44
Article 10 : Definitions
Section 10 . 1 : Definitions
School — Technical , Trade , and Skill Training
Land use ( s ) engaged in offering a variety of technical , trade , continuing education , vocational and skills
training . Includes facilities providing workforce education and college transfer academic programs and
may include institutions that maintain athletic teams and offer on - site living accommodations ( i . e .
dormitories ) but not approved by the North Carolina Department of Public Instruction .
S mi - Cutoff Fixture
An tdoor fixture shielded or constructed in such a manner that it emits no more th 5 % of its light
above e horizontal plane of the fixture , and no more than 20 % of its light ten de ees below the
horizonta lane of the fixture .
Septic , Off= Re
An off - site system ' a wastewater system as defined in GS 130A- 334 ( 1 where any components of the
systems serving two r more facilities are located on property other th the building lot that is under
common ownership or ntrol . This approval does not apply to a wa I ewater system entirely contained on
multiple adjoining lots or t cts of land under common ownership control which are considered a single
system per GS 130A- 334 ( 1 and subject to permitting pursuan o 15A NCAC 18A A 938 (j ) .
Septic System , Alternative
Any approved ground absorption se ge treatment and isposal system other than an approved privy or
an approved septic tank system .
Septic Tank System
A subsurface sanitary sewage system consisti of a septic tank and a subsurface disposal field .
Setback
Yard space other than a court unoccupi d and unobstru ed by any structure or portion of a structure
from thirty inches above the general ound level of the gra ed lot upward , except as specifically provided
in these regulations ; provided , how er , that fences and walls ay be permitted in any setback subject to
height limitations established ge rally or for the district and , fur er provided that poles , posts and other
customary accessories , ornam nts , furniture and landscaping sha e permitted in any setback if they do
not constitute substantial im diments to free flow of light and air acr s the setback or violate provisions
of these or other regulatio regarding visibility .
Sexually Oriente Devices
Any artificial or sim ated Specified Anatomical Area or other device or parapher lia that is designed
principally for Sp cified Sexual Activities but shall not mean any contraceptive devi
Sexually riented Business
A busine which offers its customers or adult patrons any device , activity or demonstration epicting
Specifi Sexual Activities , or which is intended to appeal to sexual interests , titillation or aro al of the
cust er or adult patron . A sexually oriented business shall include an adult establishment as in CGS §
14- 02 . 10 ( 2 ) and , in addition , without limitation shall include : Adult Arcade , Adult Bookstore , Adult eo
S ore , Adult Cabaret , Adult Motel , and Adult Escort Agency .
Short Term Rental Small — Host Occupied : 319
A dwelling occupied by a host , which provides up to three guestrooms for up to one week of rental or
lease .
Short Term Rental Large — Host Occupied :
319 Consistent with direction from the BOCC and County' s Attorney office staff has combined existing overnight
accommodation uses ( i . e . bed and breakfast, bed and breakfast inn , county inn , hotel / motel , tourist home , etc . )
into the following land use categories .
Orange County, North Carolina — Unified Development Ordinance Page 10 -45
Article 10 : Definitions
Section 10 . 1 : Definitions
A dwelling occupied by a host which provides more than three questrooms for up to one week of rental or
lease-
Short Term Rental — Non - host Occupied :
A building or group of buildings which provides questrooms for rental or lease but is not occupied by a
host . 3
n
An etter , figure , character , mark , plane , point , marquee , design , poster , pictorial , picture troke , stripe ,
line , t demark , reading matter , or illuminated surface which is constructed , placed , att ed , painted ,
erected , astened or manufactured in any manner so that the same shall be used for t e attraction of the
public to aV place , subject , person , firm , corporation , public performance , article , chine , or
merchandis \ed
re displayed in any manner , including out - of - doors .
Sign , Aba
A sign for wgal owner can be found or any sign face or sign struc re that advertises a business
not conductemises for over 90 days . In making the determin ion that a sign advertises a
business noin conducted , the Planning Director shall consi r the following : the existence or
absence of occu tional license , utility service deposit , or count ; use of the premises ; and
relocation oness .
Abandoned Sign shall also inc de the following :
a) Through age and/or obs escence a sign that no longe conforms to structural or maintenance
specifications of Section 6 . , or
b) Any pole , pylon , or structure pressly installed for e purpose of affixing a sign that bears no
sign or copy .
Sign , Advertiser
Any person who is a lessee or owner of a sign , n gent of same , or anyone that has beneficial use of a
sign .
Sign , Advertising Display Area
The advertising display surface area en ompassed within ny polygon that would enclose all parts of the
sign . The structural supports for a si , whether , they be co mns , pylons , or a building , or a part thereof ,
shall not be included in the advertis ' g area . Also known as S n Area .
® An example of how advertisi display area or sign area is c culated is as follows :
F
• . .F PLANNED •
Solid Base Or Open Area Under
Sign Not Counted As Area
In most cases the rectangular shape of a sign equals the sign area .
szo This land use is an attempt to provide a distinction between a ' bed and breal<fast' 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 .
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Article 10 : Definitions
Section 10 . 1 : Definitions
•
i
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Site Specific Developme t Plan
A plan approved by the Orange unty Board of Commissioners in ccordance with the Class A Special
Use Permit process and which des ibes , with reasonable certain the type and intensity of use for a
specific parcel or parcels of property cated within the County ' s oning jurisdiction . A Site Specific
Development Plan shall be deemed a roved upon the effecti date of the Board of Commissioners '
action .
Site Plans , Special Use Permits , Conditio al Use Districts , onditional Zoning Districts , and Preliminary
Subdivision Plats may be approved as Site pecific Dev opment Plans in accordance with the provisions
of this Ordinance . Site Specific Developmen Plans ar required only where an applicant wishes to vest
his property rights for a period longer than that ther se permitted by this Ordinance .
Solar Array - Accessory Use
Include any photovoltaic , concentrated solar the ma or solar hot water devices that are accessory to ,
and incorporated into the development of an thoriz use of the property , and which are designed for
the purpose of reducing or meeting on - site e ergy nee
Solar Array - Large Facility
A solar facility located on a developed r undeveloped parce of property producing more than 20 but less
than 100 kilowatts of power that con its sunlight into electrici whether by photovoltaics ( PV ) ,
concentrating solar thermal ( CST ) evices , or various experime al solar technologies , with the purpose
of supplying power to existing la use ( s ) as well as the wholesal or retail sale of generated electricity
Solar Array - Public U ' ity
A utility- scale commercial f ility that converts sunlight into electricity , ether by photovoltaics ( PV ) ,
concentrating solar therm ( CST ) devices , or various experimental solar echnologies , producing more
than 100 kilowatts of po er with the primary purpose of wholesale or retai ales of generated electricity .
Solid Waste Di osal Facility
Any facility involv in the disposal of any hazardous or non - hazardous refuses r sludge from a waste
treatment plant , ater supply treatment plant or air pollution control facility , dome is sewage and sludges
generated by t e treatment thereof in sanitary sewage collection , treatment and dis osal systems , and
other materi that is either discarded or is being accumulated , stored or treated prio o being discarded ,
or has sere d its original intended use and is generally discarded , including solid , liqui semisolid or
containe gaseous material resulting from industrial , institutional , commercial and agric tural operations ,
and fro community activities .
So d Waste Disposal Site
A place at which solid wastes are disposed of by incineration , sanitary landfill or any other m thod .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 56
Article 10 : Definitions
Section 10 . 1 : Definitions
A commercial activity, attracting at least 20 people at any given time , that typically oes not involve
permanent structures ,
321 Examples of special events are craft shows , small festivals , concerts , medical
or veterinary clinics , and sites operated by businesses engaged in hosting outdoor social events such as
picnics or receptions sponsored by a restaurant or caterer .
Activities which are not included in this definition include :
a) Events of a personal or non - profit , nature such as family reunions and church activities ;
b) Farm - related or rural events such as horse shows , 4 - H events and auctions ; and
c ) Fund - raising events for non - profit organizations .
cial Flood Hazard Area ( SFHA)
The laIx in the floodplain subject to a 1 % or greater chance of being flooded i any given year as
determine in Section 1 . 1 . 3 of this Ordinance , as defined by the base floo levation .
Special = Purpo Unit of Government
Any special district or blic authority .
Special Use
A use which would not be appropri generally thr hout the zoning district or without special study , but
which , if controlled as to number , area , cation relation to neighborhood , would be appropriate . Such
uses which are listed as Special Uses in t rmitted Use Table , Section 5 . 2 , may be installed and
operated only after approval by the Boar missioners or by the Board of Adjustment , as
appropriate , subject to the general an pecific st ards .
Specified Anatomical A as
( a) Less than com etely and opaquely covered hum ( i ) genitals , pubic region , ( ii ) buttocks , or
( iii ) breast ow a point immediately above the top o e areola ; or
( b ) Huma ale genitals in a discernibly turgid state , even if c pletely and opaquely covered .
Specifie exual Activities
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 sts .
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 ; apdor
( e ) Blending purchased animal fats with vegetable fats . 7322
f Construction
Includes su I improvement , and means the date the building permit sued , provided the
actual start of construc 1 , air , reconstruction , rehabilitation , n placement , or other
improvement was within 180 days ermit date . T ual start means either the first placement of
permanent construction of a structure ( inclu anufactured home ) on a site , such as the pouring of
slabs or footings , installation of piles , uction of co or any work beyond the stage of
excavation ; or the placemen manufactured home on a foun Permanent construction does not
include land prepar , such as clearing , grading , and filling ; nor does it inc he installation of
streets an alkways ; nor does it include excavation for a basement , footings , piers , ndations or
t ction of temporary forms ; nor does it include the installation on the property of accessory s ,
321 Language moved to Article 5 .
322 Staff is recommending adding a definition of this new land use to ensure we properly reference all activities
including within the category .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 57
Article 10 : Definitions
Section 10 . 1 : Definitions
sbsb, as garages or sheds not occupied as dwelling units or not part of the main struct For a
subst tial improvement , the actual start of construction means the first alteration any wall , ceiling ,
floor , or o r structural part of the building , whether or not that alteration affec he external dimensions
of the buildin .
State Agency
Every department , agenc , ' stitution , public authority , board , c mission , bureau , division , council ,
member of Council of State , o fficer of the State governm of the State of North Carolina .
State Clearinghouse
The clearinghouse agency established by N Carolina Department of Administration under the
North Carolina Environmental Policy Act .
State Mandate
The minimum Rules adopted by Environmental Manage ent Commission for application to North
Carolina' s water supply water eds , as required by the Water ply Watershed Protection Act . The
purpose of the Act , as sta in its opening paragraph , is . . . to pro t and enhance the quality of the
State ' s surface water plies by establishing a cooperative program o ater supply protection to be
administered by to governments consistent with statewide management quirements established by
the Environme I Management Commission ( EMC ) . " ( See related definition " ter supply watershed " ) .
Stoc rd / Livestock Market
A f ity where livestock are kept temporarily awaiting purchase and/or transport ; such faci s may
i clude 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 .
ormwater Collection System
Any bQnduit , pipe , channel , curb , or gutter for the primary purpose of transporting ( not treat ' run - off . A
stormwat collection system does include vegetated swales , swales stabilized with ar ing or
alternative hods where natural topography prevents the use of vegetated swale subject to case - by-
case review) , cu outlet systems or pipes used to carry drainage underneath - upon surfaces that are
associated with dev ment controlled by the provisions of 15A NCAC 2H 03 ( c ) ( 1 ) .
Stream
A body of concentrated flowing er in a natural low area or ural channel on the land surface
Stream Buffer
An area of land adjacent to a stream or a FE ntified floodplain , whichever is greater , which , except
as permitted within this Ordinance , must re u isturbed in its natural state . Streams are identified by
any of the following means :
a) Shown as solid blue lines or broken blue lines the USGS Quadrangle maps ,
b ) Shown as a water featur n the Orange County Soil rvey , or
c) A water feature iden ' ed by a field determination of Cou staff trained in surface water
identification thr gh the North Carolina Division of Water Qu 'ty ( NCDWQ ) .
Stream buffers sha xtend around the perimeter of all other water feature if any portion of the stream
buffer touches water feature . Disputes pertaining to water feature identific on decisions by County
staff shall sled directly to the NCDWQ .
S am , Ephemeral ( Stormwater)
323 New definition of existing land use .
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Article 10 : Definitions
Section 10 . 1 : Definitions
1 . The classification shall be based upon the projected volume of traffic to be carried by e 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 f the number
of trips but is not conclusive ;
3 . Whenever a subdivision street continues an existing street that formerly termi ated outside the
ubdivision or it is expected that a subdivision street will be continued beyo the subdivision at
s e future time , the classification of the street will be based upon the str t in its entirety , both
with ' and outside of the subdivision .
Street , Limit d Access
A street to which cess from adjoining property is not direct , but is combi d , limited , channeled or
prohibited . Limited ccess streets are one means for controlling access arterial streets and usually
provide one access p ' nt along a single block face .
Street , Local
A street used or designed p ' marily to provide access to abutting operties . It serves or is designed to
serve at least ten but not mor than 25 dwelling units and is ex p cted to or does handle between 75 and
200 trips per day .
Street , Loop
A street used as a means for local tra is to leave and en r other streets without turning around , but
providing access only to abutting prope ies . These str is are less than one mile in length and have no
collector characteristics .
Street , Marginal Access
A minor street which is parallel to and adjacent an arterial street , and which provides access to abutting
properties and protection from through traffic . inal access streets may also be referred to as " service
roads " .
Street , Minor
A street used or designed primarily to rovide access to utting properties . It serves or is designed to
serve not more than nine dwelling u s and is expected to r does handle up to 75 trips per day .
Street , Private
A vehicular way , built to the pri ate street standards of Orange C unty , not intended for public use or
public dedication and which rves a limited number of lots ,
it is m intained by private property owners
and intended for use by tho e private property owners .
Street , Public
A street which has be n accepted for permanent maintenance by the State f North Carolina .
Street , Subco ector
A street used or esigned to provide access to abutting properties , but is also de ' gned to be used or is
used to conne t minor or local streets with collector or arterial streets . Including re ' dences indirectly
served thro h connecting street , it serves or is designed to serve at least 26 but no ore than 100
dwelling u is and is expected to or does handle between 200 and 800 trips per day .
Struc ure
Any ailed and roofed building , a manufactured home , or a gas or liquid storage tank , that is uilt or
co tructed principally above ground , constructed or erected to a height of 30 inches or more , ' cluding
b t not limited to load bearing walls , columns , beams or girders .
Studio ( Arts and Crafts )
Re (Dm er buildiRg where aR art is taught , pFaGt ' G (a. d er studied , or where a Graft er preduGt s manually
Orange County, North Carolina — Unified Development Ordinance Page 10 - 60
Article 10 : Definitions
Section 10 . 1 : Definitions
weed and leather , f + qmc�g.. ..s blowers , weavers , d stiversmR See School — Performing Arts ,
Sports and Recreation . "'
udy Area , Traffic Impact
Th area in which a traffic impact analysis will be made and extending approximately one half mile along
road ays adjacent to a development project and in both directions from all access point or to a major
interse tion along these roadways .
Subdivia r
Any person o persons , firm or corporation subdividing land within the jurisdiction f this Ordinance .
Subdivision
All divisions of a tr t or parcel of land into two or more lots , building sites o other divisions for the
purpose of sale or b ' ding development (whether immediate or future ) an includes all division of land
involving the dedicatio of a new street or a change in existing streets .
Subdivision , Exempt
a) The combination or r combination of portions of previousl subdivided and recorded lots if the
total number of lots is t increased and the resultant lot are equal to or exceed the standards of
the County , including pri to road justification standard , as detailed within this Ordinance .
b) The division of land into p cels greater than 10 acre if no street right - of-way dedication is
involved .
c ) The public acquisition by purc se of strips of Ian for widening or opening streets .
d ) The division of a tract in single o nership of the ntire area of which is no greater than two acres
into not more than three lots , if no treet right- - way dedication is involved and if the resultant
lots are equal to or exceed the stan rds of t e County as shown by its subdivision regulations .
Subdivision , Major
Any division of land that is not classified as an pt or Minor subdivision .
Subdivision , Minor
A division of a tract of land that does not :
a) Create more than five lots for co ventional design ptions , or more than 12 lots for flexible
development , including the res ' ual acreage , from a one tract of land in any 24 month period ;
b) Dedicate or improve any ne public street other than idening an existing public street ;
c ) Extend public water and/or anitary sewerage systems her than laterals to serve individual lots ;
d ) Necessitate the installatio of drainage improvements whi h would require easements through
one or more lots to ser other lots ; and
e ) At the option of the ap icant , involve vesting of the subdivisio for a period greater than one
year .
Substantial damag
Damage of any origin s stained by a structure during any one year period wh eby the cost of restoring
the structure to its be re - damaged condition would equal or exceed 50 % of the arket value of the
structure before the amage occurred . See definition of "substantial improvemen Substantial damage
also means flood - lated damage sustained by a structure on two separate occasio s during a ten - year
period for which e cost of repairs at the time of each such flood event , on the avera e , equals or
exceeds 25 % the market value of the structure before the damage occurred .
Substan al improvement
Any com nation of repairs , reconstruction , rehabilitation , addition , or other improvement of a tructure ,
taking ace during any one year period whereby the cost of which equals or exceeds 50 % of t market
value f the structure before the start of construction of the improvement . This term includes stru tures ,
whi have incurred substantial damage , regardless of the actual repair work performed .
324 This use is now included as the combined School — Performing Arts, Sports, and Recreation land use category .
Orange County, North Carolina — Unified Development Ordinance Page 1 M1
Article 10 : Definitions
Section 10 . 1 : Definitions
s are feet , and complies with applicable standards of the North Carolina State Building Co and/or
Dep ment of Housing and Urban Development ( HUD ) . Temporary custodial care units all not be
installe n a permanent foundation and shall be classified as an accessory use to a Ingle family
detached Iling unit . Includes mobile homes and temporary health care structu
Temporary Re ential Mobile Home
A mobile home , inten for residential use for a limited period of time or purposes of providing
temporary residential spac during the installation of a replacemen obile home or construction of a
stick- built or modular residents unit on the same lot , and for 30 ays after the issuance of Certificate of
Occupancy for the permanent uni . The temporary mobile h e is not attached to a permanent or semi -
permanent foundation .
Temporary Residential Unit
A residential unit occupied for no more than 1 ys and connected to temporary utility services . The
term includes recreational vehicles , travel ailers , re eational park trailers , FEMA trailers , etc .
Temporary Use Building
A building , not intended for res ' ential use , consisting of one or ore modules constructed off the ultimate
site of use . The building is so not attached to a permanent or se ermanent foundation .
Ten - Year Tran ' on Land
Land located in eas that are in the process of changing from rural to urban sities and/ or intensities ,
that are suit e for higher densities and/or intensities and could be provided with blic utilities and
services hin the first 10 - year phase of the Comprehensive Plan update or where s utilities and
servi s are already present or planned . Non - residential uses implemented in accordan with small
ar 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 . 32b
Tourist Home ...
traRsieRtS . as distiRguished from houses , ' R WhiGh 0GGupaRQY ! .S primarily by resideRtS rather thari
HR ; tS fE) r OGGwpaRGY fer daily er week ! per , eds . with or withc) wt beard , and primarily fGF 9GGupaRGy by
� r � ncionto
Tra neration : Low
Uses which gene average of less than 200 vehicle trips per day .
Traffic Generation : Medium
Uses which generate an average of betwe an ehicle trips per day .
Traffic Generatio • gh
Uses which rate an average of more than 800 vehicle trips per day .
325 As we are combining several land uses into a single category, staff is recommending a new definition of Theater
to accommodate all such activities .
326 Staff is recommending elimination of the term as the use is being included within the ' Short Term Rental —
Large ' and ' Rooming House ' land use categories .
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Article 10 : Definitions
Section 10 . 1 : Definitions
N
, Minor , State Watershed Management
from the minimum statewide water supply watershed protection rules that resu in a
by a factor of up to 10 % of any management requirement under the low den " y requirement .
Variance , jor , State Watershed Management
A variance from e statewide water supply watershed regulations that results i the relaxation by a factor
greater than 10 % o ny management requirement under the low density op ' n or the relaxation of any
management require nt that applies to a development project requiring nstruction of a BMP .
Vehicle Trip
A vehicle trip occurs when one ehicle travels from a point of on to a point of destination .
Vested Right
The right to undertake and complete the evelopment of property under the terms and conditions of an
approved Site Specific Development Plan , ovided , h ever , failure to abide by such terms and
conditions shall result in a forfeiture of veste hts he vested right is attached to and runs with the
applicable property and may be exercised by su ssors to the original landowner .
The period during which a vested right is in aff t be extended by amendments or modifications to
the Site Specific Development Plan . An ap cation fo n amendment or modification to an approved
Site Specific Development Plan shall bet ated as a ne pplication .
Once established , a vested right super des any zoning ac " n which would affect with the type and
intensity of use approved in the Site pecific Development Pla EXCEPT :
a) Upon written consent of t landowner ;
b ) Upon findings , after a lic hearing , that if the developmen were to proceed , natural or man -
made hazards woul ose a serious threat to the public health , afety and welfare ;
c ) To the extent that e landowner is compensated for costs and e enses other than loss of
property value ;
d ) Upon findin , after a public hearing , that the applicant or his/ her repre ntative ( s ) intentionally
supplied i ccurate or misleading information which led to the approval o he project ; or
e ) Upon fi ings , after a public hearing , that a change in a State or Federal la r regulation
precl es development of the project as approved .
Vesting of ' ghts does not preclude the application of overlay zoning districts which impos dditional
regulati s , provided that the regulations are applicable to all property subject to this Ordina e , and the
allow le type and intensity of use is not affected .
T vested right terminates at the end of the approved vesting period for buildings and uses for whi
Wild permits have not been issued . Building permits do not expire during the approved vesting per d .
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 .
as �inrrirnntalr uses , 32
VeterinaryGlinin mn e128
treatment of aRlmais OR need n�d ' Gal or s urinal atteRtinn
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 . Saud fanilities may provide nrnnrnnnGy Med Gal serViGes
during and outside of normal business hours . Overninht. n. ;are may be provided when it is
nnnn sary for the mnrlinal treatment of the onimol 329
327 Modification of existing definition . Red Bold StriLnthrn � t., b Underlined text being eliminated as unnecessary .
Such activities are considered customary accessory uses to a vet clinic and do not need to be singled out in the
definition .
328 Use was eliminated as part of this amendment process .
329 Modification of existing definition . Red Bold Strikpthri+ frtl+ Underlined text being eliminated as unnecessary .
Orange County, North Carolina — Unified Development Ordinance Page 10 - 68
Article 10 : Definitions
Section 10 . 1 : Definitions
water supply system that serves a city or town located partly or entirely within Orange Count at has a
po lation in excess of 2 , 500 .
Water S ply Watershed ( or Protected Watershed )
Land that drai to existing reservoirs which are public water supplies or potenti eservoir sites or
stream intakes w ' h have been designated for protection . All such lands h been classified by the
Environmental Mana ment Commission as WS - II , WS - III or WS - IV wate eds and require protection in
accordance with the Sta Mandate . ( See definition for " State Mandat "
Water Supply Watershe ritical Area , County D ignated
The land area within one - half mile o e normal pool eleva " n ( or designated elevation ) of an existing
Class II water supply reservoir , or the ri eline of the w rshed , whichever is less ; and the land area
within one - half mile of the normal pool ele googg
ion ( or signated elevation ) of a proposed water supply
reservoir designated for protection , or the ridge of the watershed , whichever is less ; and the area
within one - half mile of streams flowing into Cl s eservoirs , as designated for protection within this
Ordinance .
Water Supply Watershed tical Area , State Re ired
The land area within one - half ' e of the normal pool elevation o ater supply reservoirs in which an
intake is located ( i . e . , Clas reservoirs ) , or the ridgeline of the Ovate ed , whichever is less .
Wetlands
Those areas th are inundated or saturated by surface or ground water at a fre ency and duration
sufficient to pport , and that under normal circumstances do support , a prevalenc of vegetation
typically apted for life in saturated soil conditions . Wetlands generally include swam , marshes , bogs ,
and s ' ilar areas . ( Definition taken from EPA regulations at 40 CFR Section 230 . 3 ( t) an OE
Re ulations 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 . 33
' ndows , Primary
Prince I windows in habitable rooms except bedrooms and kitchens .
Windows , ondary
Windows of habitab ooms other than primary windows .
Windows , Tertiary
Windows other than for habitable ms .
W II
inery , production only
A facility utilized for making wines for whol le etail sale and consumption off the premises . Shall be
considered a bona fide farming use if I ted on a fa and using primarily crops produced on - site .
Winery with Minor Eve
A facility utilized for mak ' wines for consumption on - or off - site wi imited hours for tours of the facility
and tastings of the p ucts produced on - site , and small periodic events at are expected to attract fewer
than 150 people the site . Food services may be permitted under the condi ' al zoning or special use
permit appr I .
W ' ery with Major Events
330 New definition clarifying what the County considered Wholesale trade .
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