HomeMy WebLinkAboutAgenda - 08-21-2001-9b
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 21, 2001
Action Agenda
Item No. yb
SUBJECT: Rural Guest Establishments Zoning Ordinance Amendments
DEPARTMENT: Planning 8~ Inspections PUBLIC HEARING: (Y/N) NO
INFORMATION CONTACT:
Craig Benedict, Director, ext. 2592
Robert Davis, Planner III, ext. 2580
Tina Moon, Planner II, ext. 2583
1985 Amendment TELEPHONE NUMBERS:
Comments from Noah Ranells Hillsborough 732-8181
Chapel Hill 9fi8-4501
Durham 688-7331
Mebane 33fi-227-2031
ATTACHMENT(S):
Proposed Ordinance
Public Hearing Ordinance w/ revisions
Planning Board Minutes
1996 Amendment
PURPOSE: To make a decision on the proposed Rural Guest Establishment Amendments to
the Zoning Ordinance.
BACKGROUND:
Request
• To establish a Rural Guest Establishments use in the Permitted Use Table and create all
associated criteria (approval procedures, performance standards, parking, etc).
• The zoning ordinance does not have a land use category for bed and breakfast
establishments. Traditionally, the county has only considered bed and breakfast
operations as part of the Historic Sites Non-Residential Reuse/Mixed Use category (S54).
• Restricting bed and breakfast operations to historic sites excludes all other properties that
may be otherwise suitable for this type of land use.
• The existing Historic Sites Non-Residential Reuse/Mixed Use category will remain in the
zoning ordinance.
Article 8.8.24 Historic Sites Non-Residential Reuse/Mixed Use, of the Orange County Zoning
Ordinance, has been amended twice.
• On September 3, 1996, the County Commissioners voted unanimously to replace the
word "structures" with the word "sites".
• On April 1, 1985, the County Commissioners voted unanimously to revise Section
8.8.24.2 of the Standards of Evaluation as indicated by underlining (See attached) and to
delete the word "Exterior' in item (c).
Location
Amendments will apply to the Orange County planning jurisdiction, outside of the municipalities
and their extraterritorial jurisdictions.
2
Information/Issues at Public Hearin on Ma 29 2001 (Extended to June 19, 2001)
The following issues were raised by Noah Ranells, see attachments for all five comments in
their entirety.
1. Site plan requirements are too. rigorous for Bed & Breakfast facilities (up to three
guestrooms.)
Article 14.2.1 of the Orange County Zoning Ordinance, Professional Design and Certifrcation,
provides for a professionally prepared but non-certified site plan option for certain small-scale
projects. This section could be amended to include Bed & Breakfast operations--Rural Guest
Establishments with Three or less guestrooms--as one of the small-scale projects eligible for this
option.
2. The, required description of proposed use(s) of site and building(s) and employees is overkill
for Bed & Breakfast (three guestrooms or less) facilities.
The description of proposed uses is a requirement for the existing Historic Sites Non-Residential
Reuse/Mixed Use category (S54) and for home occupations. Providing this type of information
helps to ensure that commercial uses remain accessory to primary residential uses, as
appropriate for three-room bed and breakfasts.
3. The landscape plan requirement is too onerous for Bed &~ Breakfast establishments.
The County's existing Site Plan approval process includes a landscape plan requirement.
Typically the landscape plan shows important specimen trees and, when required, Land Use
Buffers. Landscape information is often shown on the base plan for small projects. Each tree
does not have to be individually identified showing an "existing tree line" is often sufficient for
large lots, where the bulk of the properly remains wooded.
4. Standard site plan requirements are too costly for small operations to have prepared by a
professional.
The proposed amendments for Rural Guest Establishments will reduce the approval process for
three-roam bed ~ breakfast operations from a Class A special use permit to a zoning permit.
The County should require a basic amount of information when considering permits for
commercial uses.
5. Requiring specific types of sign lighting is not necessary.
The County is pursuing whether or not solar-powered fixtures will provide sufficient illumination
for outdoor sides.
Issues aised at the Plannin Board M in
• The use of solar powered lighting should be encouraged but not required.
• The amendments should have additional references to the review and permitting
requirements of other agencies such as NCDOT.
Development Process. Schedule and_A t
• Public Hearing on May 29, 2001.'
• Referred amendment to the Planning Board for a recommendation back to the Board of
County Commissioners.
• Planning Board recommended approval of the proposed amendments to the Zoning
Ordinance on July 11, 2001. (10-0 vote)
• BOCC to make final decision.
FINANCIAL IMPACT: No fiscal impact is associated with this decision.
3
RECOMMENDATION(S): Administration Recommend do
Approval of the proposed amendments as revised in the attached
documents. (See Page 4)
Planning Board Recommendation:
Approval of the proposed amendments as revised in the attached
documents.
Plannin Staff Recommendation:
Approval of the proposed amendments as given in the attached
documents.
4
DRAFT
Administration Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED A5 FOLLOWS:
Sectior~1: Amend Article 22 Definitions by creating four (4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed. and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestraams may range from four (4) to no more
than twelve (12). The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and afull-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four (4) to na more than twenty-four (24). The restaurant
shall contain no more than sixty (60) seats. (Class A SUP)
Section 2: Amend the De i ed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed & Breakfast (Zoning Permit)
Bed & Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
5
Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed 8~ Breakfast
H14B Bed &~ Breakfast Inn
H14C Country Inn
Section 4: Amend Article $ Special Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.28.1 Intent
a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a partial waiver of the land use buffer requirements along
rights-of-way.
The Rural Guest Establishments use consists of the following three
subcategories based on intensity of use and permitting requirements.
H14A Bed 8< Breakfast (Zoning Permit)
H14B Bed $< Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
'"Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
$.8.28.4.
8.8.28.2 Additionallnfonnation
(Additional Information requirements are listed per subcategory.)
Bed 8< Breakfast (H14A)
The following information shall be supplied as part of the application:
a) A site plan, as specified by Article 14, shall contain the fallowing:
(Per Section 14.2.1 e. professional design and certification is not
required for Rural Guest Establishments with three (3) guestraams or
less-bed 8~ breakfasts.)
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all an-site signage.
3) Boundaries of the site.
4) Location of well and septic system.
6
b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
c) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies conceming the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surtace.
i) Any bed 8~ breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed S breakfast operation that, does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a full or partial waiver of the right-of--way land use
buffer shall submit evidence that the property is listed on the National
Historic Register 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.
7
Bed ~ Breakfast Inn (H14B)
Country Inn (H14C)
In addition to the information required for Bed 8~ Breakfasts established above
(items a) 1-3, and b) through k)) the following shall be supplied as part of the
application far Bed ~ Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
4) Boundaries of the site and distance from the to nearest residential
structures.
8.8.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed 8 Breakfast (H14A)
The following specific standards shall be used in deciding on an application far
this use:
a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
c) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
d) The site is served by direct access to aState-maintained road, ar has
legal access to a public road by way of a recorded easement.
e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
f) All applicable requirements of Article 4, 5, G, $, 9, 10 and 12 have been
satisfied.
g) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b) to determine applicability of this Section).
8
This use is to be a Zoning Permit in the fallowing districts':
AR -Agricultural Residential
R1 -Rural Residential
RB -Rural Buffer
*Bed S~ Breakfast (H14A) establishments containing na more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed ~ Breakfast Inn (H14B)
In addition to the information required for Bed ~ Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
h) The site plan meets all requirements specified in sub-sections $.8
and $.$.28.2.
i) The site is served by direct access to a State-maintained road.
This use is to be a Class B Special Use Permit in the following districts'":
AR -Agricultural Residential
R1 -Rural Residential
"Bed ~ Breakfast Inns (H14B) containing between four (4) and twelve (12)
guestrooms shall be considered commercial. operations and therefore may not be
allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (fi) years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance, with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
9
Coun#ry Inn (H14C)
The additional information a) through i) outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR -Agricultural Residential
R1 -- Rural Residential
''Country Inns (H14C) containing between four (4) and twenty-four (24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
This Class A Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Re uirements
(Other Requirements are listed per subcategory.)
Bed 8 Breakfast (H14A)
a) 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.
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.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, 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.
c) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
10
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. 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.
e) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Bed 8~ Br®akfast Inn (H14B)
In addition to the information required far Bed ~ Breakfasts established above
the following requirements shall apply to Bed ~ Breakfast Inns:
f) The minimum lot size for a Bed &: Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed 8 Breakfast Inn
may be permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, 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.
c) The. site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. 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.
11
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10) acres. A Country Inn may be
permitted on lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
f) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Section 5: Amend Article 10 Qff-Street Parking and Loading to read as follows:
10.4 Off~treet Parking Requirements
H-14 Rural Guest Establishments -One space per guest room.
Section 6: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
p. Country Inns - as required in Section 8.8.28 with atwenty-foot Type A
perimeter buffer.
Section 7: Amend Article 14 Site Plan Approval Procedures to read as follows:
14.2.1 Professional Design and Certification
e. Rural Guest Establishments with three (3) guestrooms or less-Bed &
Breakfasts.
Section 8: This ordinance shall be effective upon its adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
12
DRAFT
Public Hearing Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Bold =Proposed Text
Deleted Text
Section 1: Amend Article 22 Definitions by creating four (4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four (4) to no more
than twelve (12). The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and afull-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four (4) to na mare than twenty-four (24). The restaurant
shall contain no more than sixty (60) seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed ~ Breakfast (Zoning Permit)
Bed 8 Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.$.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
13
Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed 8~ Breakfast
H14B Bed $~ Breakfast Inn
H14C Country Inn
Section 4: Amend Article $ Special. Uses to read as follows:
$.8.28 Rural Guest Establishments
8.8.28.1 Intent
a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a full or partial waiver of the land use buffer requirements
along rights-of--way.
The Rural Guest Establishments use consists of the following three
subcategories based on intensity of use and permitting requirements.
H14A Bed ~ Breakfast (Zoning Permit)
H146 Bed & Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2 Additional_Information
(Additional Information requirements are listed per subcategory.)
Bed !~ Breakfast (H14A)
. The following
information shall be supplied as part of the application:
a) A ~e site plan, as specfied by Article 14
,shall also contain the following:
(Per Section 14.2.1 e. professional design and certitrcation is not
required for Rural Guest Establishments with three (3) guestrooms
or les~bed 8 breakfasts.)
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on-site signage.
1~
3) Boundaries of the site.
4) Location of well and septic system.
b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
c) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties) ar 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 ar graveled but must be,on a suitable (even) surface.
i) Any bed 8~ breakfast establishment that is not located on a state
maintained road shall famish a copy of the deed establishing the
ingress/egress easement to ,the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a full or partial waiver of the right-af--way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
15
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.
Bed 8< Breakfast Inn (H14B)
Country Inn (H14C)
In addition to the information required for Bed & Breakfasts established above
(items a) 1-3, and b) through k)) the following shall be supplied as part of the
application for Bed 8~ Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the fallowing:
4) Boundaries of the site and distance from the to nearest residential
structures.
$.$.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed S Breakfast (H14A)
The following specific standards shall be used in deciding on an application for
this use:
a)~r} Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
b~} Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
c~ Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
one} The site is served by direct access to aState-maintained road, ar has
legal access to a public road by way of a recorded easement.
e}€) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
fig) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
g)#) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b) to determine applicability of this Section).
16
This use is to be a Zoning Permit in the following districts'`:
AR -Agricultural Residential
R1 -- Rural Residential
RB -Rural Buffer
*Bed & Breakfast (H14A) establishments containing no mare than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed 8~ Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
h) The site plan meets all requirements specified in sub-sections 8.8
and $.8.28.2.
i) The site is served by direct access to aState-maintained road.
This use is to be a Class B Special Use Permit in the following districts"":
AR -Agricultural Residential
R1 -Rural Residential
*Bed 8 Breakfast Inns (H14B) containing between four (4) and twelve (12)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
17
Country Inn (H14C)
The additional information a) through i) outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR -Agricultural Residential
R1 -Rural Residential
*Country Inns (H14C) containing between four (4) and twenty-four (24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
This Class A Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Cammissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Cammissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Reauirements
(Other Requirements are listed per subcategory.)
Bed ~ Breakfast (H14A)
a) Building plans far 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.
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.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, 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 solar powered and installed as ground
lighting to prevent night-time glare.
c) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
18
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. 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.
e) The applicant shall be responsible for satisfying all review and
permitting requirements of other public agencies including but not
limited to NCDOT driveway permits.
Bed ~ Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following requirements shall apply to Bed $~ Breakfast Inns:
f)e} The minimum lot size for a Bed 8~ Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed ~ Breakfast Inn
may be permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements far Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, 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 solar powered and installed as ground
lighting to prevent night-time glare.
c) The site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot), Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. 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.
19
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10) acres. A Country Inn may be
permitted on lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
~ The applicant shall be responsible for satisfying all review and
permitting requirements of other public agencies including but not
limited to NCDOT driveway permits.
Section 5: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
p. Country Inns - as required in Section 8.8.28 with atwenty-foot Type A
perimeter buffer.
Section 6: Amend Article 14 Site Plan A raval Procedures to read as follows:
14,2.1 Professional Design and Certification
e. Rural Guest Establishments with three (3) guestrooms or less-Bed ~
Breakfasts.
Section 7: This ordinance shall be effective upon its adoption.
(Signature)
Clerk, Board of County Commissioners
(Signature)
Chair, Orange County Commissioners
Date and Seal
8
2
RECOMMENDATION(S): Planning staff recommends that the Planning Board recommends adoption of the
proposed amendments to the Board of County Commissioners.
MOTION: Selkirk moved to accept the proposed amendments to the Orange County
Subdivision Regulations Section II Definitions and Section III-C
Approval Procedures for Minor Subdivisions. Seconded by Strayhom.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
VOTE: Unanimous
~m~••-.d~ d. Orange County Zoning Text Amendments
1. Establish Rural Guest Establishment
a. Amend Detailed Table of Contents
b. Amend Article 22 Definitions
c. Amend Section 4.3, Permitted Use Table
d. Amend Article 8 Special Uses
e. Amend Article 9 Signage
f. Amend Article 10 Parking
g. Amend Article 12 Landscaping
h. Amend Article 7 Planned Development Requirements
Tina Moon made this presentation.
BACKGROUND:
Reauest
~ To establish a Rural Guest Establishments use in the Permitted Use Table and create all associated criteria
(approval procedures, performance standards; parking, etc).
• The zoning ordinance does not have a land use category for bed and breakfast establishments. Traditionally,
the county has only considered bed and breakfast operations as part of the Historic Sites Non-Residential
Reuse/Mixed Use category (SS4).
• Restricting bed and breakfast operations to historic sites excludes all other properties that may be otherwise
suitable for this type of land use.
• The existing Historic Sites Non-Residential Reuse/Mixed Use category will remain in the zoning ordinance.
• Article 8.$.24 Historic Sites Non-Residential Reuse/Mixed Use, of the Orange County Zoning Ordinance,
has been amended twice.
~ On September 3, 1996 the County Commissioners voted unanimously to replace the word "structures" with
the word "sites".
• On April 1, 1985 the County Commissioners voted unanimously to revise Section 8.8.24.2 of the Standards
of Evaluation as indicated by underlining (See attached) and to delete the word "Exterior" in item (c).
Location
Amendments will apply to the Orange County planning jurisdiction, outside of the municipalities and their
extraterritorial jurisdictions.
44 Information/1<ssues at Public Flearing_on May 29.2001 (Extended to dune 19, 2001)
4S The following issues were raised by Noah Ranells, see attachments for all five comments in their entirety.
46 1. Site plan requirements are too rigorous for Bed & Breakfast facilities (up to three guestrooms.)
47 Article 14.2.1 of the Orange County Zoning Ordinance, Professional Design and Certification, provides
48 for a professionally prepared but non-certified site plan option for certain small-scale projects. This
49 section could be amended to include Bed & Breakfast operations--Rural Guest Establishments with
50 three or less guestrooms--as one of the small-scale projects eligible for this option.
51 2. The required description of proposed use(s) of site and building(s) and employees is overkill for Sed &
S2, Breakfast (three guestrooms or less) facilities.
4
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2s
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
9
The description of proposed uses is a requirement for the existing Historic Sites Non-Residential
Reuse/Mixed Use category (S54) and for home occupations. Providing this type of information helps to
ensure that commercial uses remain accessory to primary residential uses, as appropriate for three-
room bed and breakfasts.
3. The landscape plan requirement is too onerous for Bed ~ Breakfast establishments.
The County s existing Site Plan approval process includes a landscape plan requirement. Typically the
landscape plan shows important specimen trees and, when required, Land Use Bu„~ers. Landscape
information is often shown on the base plan for small projects. Each tree does not have to be
individually ident~ed showing an "existing tree line " is often sufficient for large lots, where the bulk of
the property remains wooded.
4. Standard site plan requirements are too costly for small operations to have prepared by a professional.
The proposed amendments far Rural Guest Establishments will reduce the approval process for three-
room bed & breakfast operations from a Class A special use permit to a zoning permit. The County
should require a basic amount of information when considering permits for commercial uses.
5. Requiring specific types of sign lighting is not necessary.
The County is pursuing whether ar not solar powered frxtures will provide su,~`icient illumination for
outdoor sides.
Development Process, Schedule agd Action
1) Public Hearing on May 29, 2001.
3) Planning Board to make recommendation to BOCC.
• Planning Board shall make a recommendation within 3 regularly scheduled meetings.
• If Planning Board fails to make a recommendation within the allocated time, the application shall be
forwarded to the BOCC without a Planning Board recommendation.
'3) BOCC makes final decision.
FINANCIAL IMPACT: No fiscal impact is associated with this decision
RECOMMENDATION(S): Plannin Staff Recommendation:
Approval of the proposed amendments as given in the attached documents.
Moon reviewed each of the amendments. These were outlined in the agenda packet. She made reference to the
comments from Noah Ranells and said that they were included in the agenda packet. His main interest was in
the three-bedroom bed and breakfast facilities.
Several clarifying questions were answered satisfactorily by Benedict
Elizabeth Davidson asked what provoked the requirement of the driveway permit because she had not heard
about it in all of the months of working on her proposal. Benedict said that NCDOT, on any publicly
maintained road, requires safe and adequate access to the roadway. This would require a driveway permit.
Language will be added to reflect that other agencies have requirements.
Elizabeth Davidson said that she thinks NCDOT will require a driveway permit every time. She said that the
applicant should know this at the beginning so that they could be prepared.
Chair Gooding-Ray said that other agencies are constantly changing their requirements and it would be a bad
idea to mention the requirement in the Orange County ordinance.
Discussion ensued about the requirements of other agencies and the responsibilities of the applicant.
MOTION: Katx moved to accept the proposed amendments to the Bed and Breakfast
zoning ordinance, which is incorporated herein by reference.
VOTE: Unanimous
z
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:
Action A
Item # ~
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
Article 8.$.24 Historic Structures .Non Residential Reuse/Mixed Use (Class A Special Use)
DEPARTMEN'T': Planning FUBLIC HEARING: Yes ~
BUDGET AMENDMENT REQUIRED; Yes ,~
ATTACHI~TENT(S): INFORMATION CONTACT: Eddie Kirk
Extension 2582
Proposed Amendment
6-26-96 Public Hearing Minutes
8-7-96 Planning Board Minutes TELEPHONE NUMBERS:
Hillsborough 732-8181
Durham .688-7331
Mebane 227-2Q31
Chapel Hill 967-9251
PURPOSE: To consider a proposed amendment to include historic property as well as
' structures in the consideration of Special Use Permits for the non-residential L
of historic structures.
BACKGROUND: The non-residential use of historic structures is permitted in the AR, Rl and P
' zones provided a Class A Special Use Permit is obtained from the Orange Coy
Board of Commissioners. Standards that must be complied with are specified
Article $.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the grope a
well as the structure may be considered in the Special Use Permit approval
process.
The proposed amendment was presented for public hearing. on Tune 26, 1996.
Commission Gordon asked if the amendment would allow use of a modern
structure on. historic property, Use of anon-historic structure could be approve
all applicable findings could be met from the standpoint of preserving or
enhancing the historic integrity of the site andlor historic structures on the site.
'There were no citizen comments.
The Planning Board considered the proposed amendment on August 7, 1996 an
recommended approval. The vote was unanimous.
RECOMMENDATION; 'The Administration recommends approval of the proposed amendment per the
Planning Board recommendation.
2
PROPOSED ORDINANCE AMENDMENT
REFERENCE: ZONING ORDINANCE -ARTICLE 8.8.24
Historic Structures -Non Residential Reuse/Mixed Use (Class A
Special Use)
ORIGIN OF AMENDMENT: Staff Planning Boazd
X BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: 'June 26, 1996
To include historic properly as well as structures in the
consideration of Special Use Permits for the non-residential use of historic structures.
jmI}acts/Iss;l,~. The Orange County Zoning Ordinance requires an applicant to obtain
approval of a Class A Special Use Permit from the Boazd of Commissioners for the non-
residential use of an historic structure. In some cases, the use of historic structures may
not only involve the historic structure itself, but: also the surrounding property associated
with the structure.
The proposed amendment will clarify that Article 8.$.24 applies to the site on which a
historic structure.is located, as well as the historic structure itself.
EXISTING AND PROPOSED ORDINANCE TEKT:
8.8.24 ~ HISTORIC ~~ -NON RESIDENTIAL REUSE/NIIXED
iJSE (CLASS A SPECIAL USE)
$.8.24.1
In addition to the information required in Subsections 8.2 and 8.8, the
following shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land
surveyor ar.engineer, shall also contain the following:
1) Location, width, and type of all internal vehiculaz and
pedestrian circulation.
2) Location and dimensions of all an-site signage.
25
3) Boundaries of the site and distance to nearest residential
structures.
b) Description of the proposed use(s) of the site and the buildings
thereon, including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the
facility.
4) Proposed hours of operation for non-residential uses of the
site and within buildings thereon.
c) Building plans for all existing or proposed structures to include
floor plans, elevations, and sections showing
restoration/rehabilitation proposed. Description of how the
historical style and character of the building .~idLor ~Qy~,e~rtv is to
be enhanced.
d) Landscape plan, at the same scale as the site plan, showing existing
or proposed trees, shrubs, ground cover and other landscape
materials.
e) Statement from the appropriate public service agencies concerning
the method and adequacy of water supply and wastewater
treatment for the proposed uses.
fl Statement from the appropriate public service agencies concerning
" -. the provision of fire, police and rescue protection to the site and
structures.
gJ Evidence that the property is listed on the National Historic
Register or recognized by the State of North Carolina as places of
historic interest.
h) The proposed development schedule for the site.
8.$.24.2
The following specific standards shall be used in deciding on an
application for this use:
a) The site plan submitted meets all requirements specified in sub-
sections 8.$ a) and 8.8.24,1 a).
b) Proposed uses and facilities aze complementary and compatible
~~ with surrounding azea, and appropriate in the location proposed
given character of surrounding development. The proposed use of
the historic structure shall be of such a nature so as to preserve the
historic character of the site and the building. Development of the
site as proposed would.have no adverse impact beyond the
building except for appropriate pazking facilities.
c) Structural alterations of historic structures shall be of such a nature
as to preserve the historic character of the building(s) and, sitg.
d) Fire, police and rescue services and water supply and wastewater
treatment methods. are adequate to serve the proposed uses and
facilities.
e) ~tecreational azeas, sez vice areas, parking and screening are
adequate for the proposed use(s).
fl The site is served by direct access to aState-maintained road.
g) lnternal vehicular and pedestrian circulation is adequate for the
proposed use(s).
h) All applicable requirements of Article•4, 5, 6, 8, 9, 10 and 12 have
been satisfied,
This use is to be a Class A Special Use Permit in the following districts:
AR -Agricultural Residential
Rl -Residential-1
RB -Rural Buffer
This Class A Special Use Permit, if approved, shall be valid for six (6)
Y~•
Ordinance Review Committee: April 4,1996
Planning Board:
Bocc:
JUNE 26, 1996 PUBLIC HEARING MINUTES
2 Mary V1111Gs laid that with
3 futiaa that would brt ~d fa the use of eaustirtg barns ar farnt.fypa buildings in the
4 ~ Pr~tad under C-4. St+e said that what they are hying to do with this
~ ~ ~ ~~ ~ ~ ~ is ~g b build a new building, an accessory building. for the
5 of cortdiaedt~q a home aaarp~, that it be 1,000 aquas feet and that d taka art a nesi4nttia!
0 apFeeran~ to try fb blend it with that anaai. Thera are P~siona for existirop buildings that may be
7 a~rtverced bD I'ocr-t• ocws in the future retiardl~s of the aPGe~'anca of the buildng.
9
9 A rttatian was made by Corrimiasioner Gordon, seconded by Commiassioner Crowther m
1t7 rt~ar this amt t4 fire Grange County Planning Board for a
11 the gparq pf ~ tv be reduned 60
12 VOTE: UNANIMOUSC.arrtmissioners no s+aorter than August 5,19510.
13
1d B. p~ ~yG ORDINAfNC ~ AEN ONEIVT - ARTfC 5.$.24 FItSTO
15 ~ - ~~~ R~JC
16 Planner Mary Wipis made this
1T This proposed amertdn~enl bo the pressrriafion. All background Irrfonmation is in the agenda.
18 ~~ Ordinarrca would bQ b Article 8.8.24 to include historLc
~~ ~ wed as•SbUC0.p'e3 ~ ~ cons~eratioQ of Spacial Use Permits for iha non-residential use of
19 hisEoric sfrt~tures`
~ Cammissiarwr Gordan sslced that this amandmsrtt be reviewed in the context of a
21 Atoderrt house with historic ~.
Z2 THERl; VYERB NO PUBLIC CQt1AMENTS
Z3
Z4 A matbn was made try Cater Gordon. secnrtded by Commissioner Cnowpler
25 b rater ibis item m the Orange County Planning @aard for a reccmmendabcrt tc be reoJmed bo ttw
2T 1/GTE U IIVO~~~ r~ ~Oner tlran August 5, 1950.
2t3
~ ~. D SUN t~f ULATt 1'B~T A~IETIDIdI i~11T . A,~
~ ~t1=SIT T~ BOIVISt N APPR0~1~
31 Phrrn~er Mary VWGs m~ this flan, Tflis tsdtniewl arnendrnertt would dalele the
32 requ~mprtt in tl'r4 Subdivisicrt Or~narca that a Planning Staff merrlber be present each time a final
33 plat is t+e~ed in tJ~e Re~~r mi Deeds Office. TItB purpose of t#~ provision is to insure that aq
34 required auxiliary doaama~ts, skxh as Road ~ AgreamertTs and Dedardion of R~tricdOns
~ are recorded wtth the plat
37 Reg~x o1 Dceds, t3elty Jurta Hayes i~ted sl'te does not endorse this amendment
38 and that stle an'if svtxns her ccrnmer~ ~ rKiprp wt~ch w~l >Mr dad in the agenda when d is
39 resumed m fhs Courtly Comrrtissicraers 1br cons9deradon of appraral,
41 THER):1NERE NfD CRP.E~I CO~NrS
~z
43 A rrtodcrt was roads b7- Commissioner Gordan. seccneed b!I Carrur~ianer Cruwttwr to
d4 rater this ittern 1iD ihs Plart~tir~p 13oand fora b be rehpmed b d1e Board of County
dS Car'+mtsaioraes rrp sccrxrthan August 5, 1950.
40 vat: uN~ .
47
49 ,losers t.irtic sxaron~izsd ttw irtfattlabert in tti.e agenda. Pt~sirtp Dtre~t Parts Jcxtas
50 ~ ntiade referardta to q'ae irt6omrtat3pl, Sim surrntariasd the steeps talcert oa pkrrdlase the
51 ~ !~ an ateroriew CI the aasassrrter~ ttte physipl wort a the
~ . the that wdl to offer®d and tl7e upflt f1"tat w~l a necs:;ary wtq'i retamd costs.
~ Carrttnisaikrtar Gordan expnas3ad a ccrtcam that the Envira7ntsrdal Assasarnent trs
5; d~ IrJ ~ and that; fhae be enouptt manoy far the upfit
8/7/9fi Planning Baard Minutes
Price noted that in rural areas, there may be uses thaz would be associated with
agricultural uses and not necessarily be home occupations as they would be in an
urban residential area. .
Strayhorn ,commented again that a use such as welding would require at least atwo-
ton truck to deliver supplies needed for welding. Strayhom asked about the types of
complaints. Willis responded that most complaints are related to uses which involve
vehicles, such as automobile repair and the visual impact as the business grows. It
has been determined that there are some existing home occupations which would
not qualify as such if proposed amendments are adopted. Additional home
occupation permits for those uses would not be approved.
MOTION: Brooks moved approval of the proposed amendments as recommended by the
Planning Staff and the recommendation thaz load capacity of vehicles shall be
determined by the needs of the home occupation and shall not exceed those needs.
Seconded by Strayhorn.
Willis suggested that additional wording be included such as; provided that the
expected needs are compatible with the neighborhood.
Hoecke stated that going to such detail is micro management. If a use is compatible,
everything connected with the use would be compatible. Either it is compatible or it
isn't.
The amendment was restated by Hoecke: There shall be no use of a vehicle is
connection with the home occupatton that would be in excess of what is appropriate
to that occupation providing that it is compatible with the neighborhood.
The motion and second accepted the amendment.
VOTE: Unanimous.
(3) Article 8.$.24 Special Uses (Uses of Historic Structures)
Presentation by Mary Willis.
The non-residential use of historic structures is permitted in the AR, Rl and RB
zones provided a Class A Special Use Permit is obtained from the Orange County
Board of Commissioners. Standards thaz must be complies with are specified in
Article 8.8.24 of the Zaning Ordinance.
The proposed amendment would clarify that the historic nature of the property as
well as the structure may be considered is the Special Use Permit approval process.
The proposed amendment was presented for public hearing on June 26, 1996.
Commissioner Gordon asked if the amendment would allow use of a modern
structure on historic property, Use of a non historic swcau a could be approved if
all applicable fmdmgs could be met from the standpoint of preserving or enliancing
the historic integrity, of the site.
There were no citizen comments.
8/7/96 Planning'8aard Minutes
The Planning Staff recommends approval of the proposed amendment (Copy an
attachment ro these minutes on page .)
MOTIONS Puce moved approval as recommended by the Planning Staff. Seconded by Brooks.
VOTE: Unanimous.
b. Subdivision Regulations Text Amendments
(1) Section QI-C-4 Action Subsequent to Approval
(Minor subdivision)
(2) Section III-D-;(c) Action Subsequent to Approval
(Major Subdivision)
Presentation by Mary Willis. .
The Orange County Subdivision Regulations require that subdivision plats be
recorded is the presence of Planning Deparanent Stafi~ The purpose of this
provision is to insure that ail required auxiliary documents, such as Road
Maintenance Agreement and Declarations of Restrictions are recorded with the plat.
Compliance with this provision would require that a Planning Staff member
accompany the applicant to the Register of Deeds Office each time a fmal plat is to
be recorded, The Orange County Planning Staff and Register of Deeds Office have
developed a system that instead provides the Register of Deeds with a list of items to
be cccorded with the final plat, By providing this information the Register of Deeds
Office knows which documents must accompany the plat, and thus the purpose of
the existing regulations are met without Planning Staff being present.
The proposed amendment was presented for public hearing on June 26, l 99b. There
were no citizen comments. There was some discussion with the Register of Deeds to
clarify the purpose of the amendment. '
The Planning Staff recommends approval of the proposed amendment (copy an
a#c~achment to these minutes on pages ).
Jobsis asked if the concern from the Register of Deeds was addressed. Willis
respaadad that she has a letter from the Register of Deeds expressing understanding
and agreement with the proposed amendment.
MOTION: Brooks moved approva_ 1 as recommended by the Planaina Staff Seconded by
Haecke.
vo'TE: vnaa;mous.
AcENnA ITEM #>.o: pI.ANrrnYC BOARD ITEMS
a. Report on T~ process
Presentation by Planain; Intern, Stephan Rodiger.
Every year the NC Board of Transportation (BOT) adopts amulti-year STIP specifyin,
needed transportation improvements across the state. If a project is outside the DCHC
Urban Area, then the County can request directly of the BOT that the project be included
3
APPROVED 11/4/96
ORANGE'COUNTY BOARD OF COMMISSIONERS
MINUTES
REGULAR MEETING
SEPTEMBER 3, 1998
The Orange County~Board of Commissioners met in regular session on Tuesday, SeptembE
1996 at 7:SO p.m. at the Caldwell Community Center on Highway 157 in Rougemont, North Carolina.
3,
COUNTY COMMISSIONERS PRESENTS Chair Moses Carey, Jr., and Commissioners Wltia
Crowther, Alice M. Gordon, Stephen H. Halldotis and Don Willhoit
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manage R
Visser and Albert Kittrell and Clerk tb the Board Beverly A. Blythe (All other staff members will be iden ifiE
appropriately,below)
NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS REFERRED TO IN THESE MINUTES
IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. CASSETTE TAPE5 ARE
KEPT FOR FIVE YEARS.
1. ADDITIONS OR CHANGE5 TO THE AGENDA
Commissioner Crowther added to the Items for Decision as item E -Staff Assistance for
Initiated Ordinance Amendments. Report B was postponed and will be considered at the 9/17 m
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey said that citizens who wish to speak to an item on the printed agenda will b
recognised at the appropriate time on the agenda. He asked about the number of citizens in the audi n
why live in Little River Township and found there was one person.
8. MATTERS NOT ON THE PRINTED AGENDA
Ralph Cane spoke about the bridge in the curve on 157 going toward Durham. T e
bridge has been constructed, however, they have not finished the shock road leading to the bridge. J h
Link will investigate and report back to the Board.
PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
III. BOARD COMMENTS -NONE
IV. COUNTY'MANAGER'S REPORT
John Link announced that the statewide bond issue for road improvements would give Or
County approximately $1.6 million which would pave an additional 12 roads on the secondary road
improvement plan.
Commissioner Halkiotis asked that a. committee be set up to promote the statewide school
issue. John Link will report back on this request.
V. RESOLUTIONS/PROCLAMATIONS
~_ PRC7C`I OMOTIr~N IN SI IPDr1RT n~ TFaF T7.a11~1'1 1 ~ ~iFCT~ 1'~Fi PI IF~I n IN
Department, ti7e Cooperative Extension Servi $ _
Services, JOCCA, and several community-base the UNGCH School of public Health P'
d organizations. ~ 1edmont Health
D• ~ U~C~H SC~L OF MED~ F~ IT5 DEPAR
MED~ OBSTETRICS AND TMENTS OF FAMILY
The Board approved and authon'zed the OChair~~#o s~ tPhEe IATRlCS
Health Department and the UNC-CH School of Medicine for its
~ Gynecolo g renewal agreement between the
9Y, and Pediatrics. Departments of Family Medicine, Obstetrics
E- ZONING ORDINANCE T
This item was placed at end of the ~ nsen~- OCCUPATIONS
F PROPOSED SUBDIVISION REGU Agenda for separate consideration.
III LA-TION TEXT AMENDMENT ; SECTION III-C-4 A p
The Board approved this proposed amendment to delete the re
member to be present each time a final plat is recorded in the R ist
Board recommendation. eg er of Deeds rOffice peor~e tanning Staff
Planning
C• ZO~NI~ ORDINANCE T
This item was placed at ~ ~ of th Consent ALECOMMUNICATION TOE
H• PROPOSED ZONING ORDINANCE TEXT Benda for separate consideration.
The Board approved this ro AMENDMENT . HIS~T~ STRUCTURES
structures in the consideration of S p posed amendment to inGude historic grope
the Planning Board recommendation~al Use Permits for the non-residential use of historic structures er
P
~• BUS gMENDMENT #3
The Board approved the following budget ordinance amendmen
project ordinances;
GENERAL FUND ~ and grant and capital
Source - Intergovernmental
Appropriation -Community Maintenance ~ 2,000.00
(To budget far additional State funds for Soil and Water)
Source - Intergovernmental 2,000.00
Appropriation -Human Services $ 1,500.00
(To budget for unanticipated State reimbursement for Environmental 1,500.00
Source - Intergovernmental Health)
Appropriation -Human Services ~ 1,600.00
(To budget for tourism grant received by the Orange County Libre 1,600.00
Aource -Miscellaneous (Appropriations) rY)
ppropriation -Transfers to Other Funds $ (18,442.00)
(Appropriation from Jail Contingency Account for COPSFAST match' 1812.00
Source - IntergOVemmental rng funds)
Appropriation -Public Safety $ 12,000.00
(To budget for drug tax payments from the State for the Sheriff s De 1x'000.00
Source - Intergovernmental pt.)
Appropriation -Contributions to Outside Agencies ~ 38,459.00
(To budget VOCA pass thru grant for Rape Crisis) 38,459.00
Source _ Miscellaneous (Appropriations)
Appropriation -Transfers to Other Funds
(Appropriation from Commissioners ~ (9,704.00)
reimbursement for Habitat for Human ~) tingency for impact fee 9,704.00
Also see attacher~ e~.,.~.,~,_ . .
1.
ORAtJGE COUNTY
BOARD OF COT9MISSIONERS
ACTION AGENDA ITE[-1 ABSTRACT
~. Meeting Date Apr,~~ ~ 1 r~9,~. .
Aetion Ag
SUS.7ECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT-ARTICLES 8tand~ 4--
IISE PERMITS FOR MIKED USE OF Hx.STORIC STRUCTURES
DEPARTT~tENT: PLANNING.
Attachment ts) : .
Proposed Text Amendment
4/30/84 Request Letter
Historic Structures a.n Orange .
County (Sites)~~ .
11/26/84 Public Hearing Minutes
Draft 3/18/85 Planning Board Minutes
PUBLIC HEARxNG Yes X No
information Contact: SUSAN S I
• ~ Telephone Numbers ~ ~ ~~
. Hillsborough - 732-818]..
Durham - 688-7331
rlebane - 227-2031
Chapel Hill -- 968M~501
~PURPOSEo
To consider a request to amend the Zoning•OrdS.nance to
for non--residential and mixed use of historic structures 1
on the National Registry of Historic Places, or recogn z
the State of North Carolina as places of Historic i t
through the Special Use Permit prooess for approval.
This item was presented to publ3.c hear~.ng on.November 26
•. s..
NEED:
In order to qualify for rehabilitation tax credit
incentives for historic structures, projects must m
"substantial rehabilitation test° and must be income-pro
Tax credits are determined on the basis of the percen
. the property producing income. •~
. ••
Under the current zoning ordinance, limited provisions a e
~. to allow far non-residential, income-producing use of p c
located outside of designated activity .nodes. ~ H s
structures are generally not located in areas design t
• ~ ~ activity nodes.
i
079 _
IMPACT: Amendment o~ the ordinance would allow the non-residents
mixed use of recognised historic structures.
RECO~SkiENDATIQN:
The Planning Soard recommends that the zoning Ordinan~
amended to allow for the non-residential and mixed u;
historic structures. _
' The Planning Board also recommends that 8.$.2.2 Standarc
Evaluation be revised as indicated by underlining; alsc
delete the word "Exterior° in item (c).
r•
' ~ 3
3.5.2 i i _tr~ri.c Sb,*~ccturss-.Van-~esider~tial. Reuse/Mixed Use (C1ass A
. B.Fl.2~-.'7 Addi t~.onal Infarmati cn ~ _ ~
r~ . Isr adcf3tiarr tv t'~e incarr„atian required i.n ~ Subsac~ons 8.2 a
. 8.8, tt~e Fallawirag shall be supplied. as part of t.'~e aQpli t
. - a) T'~,e•• sitz Plan; prepared tr7l a yor•'w'~ Carolina registzred~ a
• _ ~ survaycr ar• engineer, shall also carrtain Che Fallowing:
' .. ? )- lo~at3arr, widt,+7•, and type af' at1 intsrrtal vehicular
. pedes~razn cz*4LilSti.Cr1 -
~: ~ , ~ . ~ Z) loeati~ri a.rid dimensions. Qf. a11. on~-sites signage • .. .
. ~ ~ .. ~ .. 3T bQU,ndari~ of tt~ site "and• distances tan ~ ~-: .
. ~ ~ . :..: ~ :. .:. residential. stZVCtz~g.. : ~ - " . cares ~. .
~~
. ~ .. • ~ • b) .Description: a f ~.tis aced use ~ ~- '
. p~P ts)• of ~e si..e• and trre• u:
.. . ~ t'~erean, ..including the following: '•
• - 1) A»raunt e f area allocatted to each use .
- Z). Number of fu:.~, and part-t±me ~alnyees ~ ..
3) ~ Number oP o•Lents and/ar vccupants• ex¢: cted t.v use th
fac~.ty
' - 4•) P=eavsed hvure or' operation for rron-residential uses t
. , ~ . ~ ~ . the. site and• wiEh3„ct buil~nes therein., ~ ~ . .
..«.
' c) . Build$ng plans "cvz all e~istincx • ar prIIposed ~ s~ucturss
' : • ,~• ~ Hear plans, clever vns,. and s~tions shvwinc resctra~c~ ~
- • ~ ~ itatians prvposzd. Description ~f haw ttie~ historical 's y
. . ~ ~ • ar?d• cl~ractz~r a f ttte wild ng is ~a. • be• enhanced.
~. ._~ d) Landscape plan, at the same scale as tha~site plan, shave
• _ - ` .existing or prapasz3 creme shrubs, gerund cover any_ with r
. ..landscape m-atarials . •- ~ • - ' - .
."' ~ . ~ ~ e) ~ Stat~nent fr~rr fie` . ~ ~ ' ~ ~ s e o
.. appropriate public sarvic_ ag-nci..s c
,,,.. csrning ttie rrethed and adequacy. of water supply and west w
' tr~ataent~far the prapvszd uszs... .
F) Statement frtxt the zpprapriat, Qublic service agencies c n
concerning khe ;~rnvisivn of Fire, police and rESC+ae prof c
' to the site and structures .
g) Evidenoe ~tiat the property :s lis4ed an the ~aticrzi His v
Register ar re^o5nized by the 5tzte aF Hcrt~ Caro]~;na as p
of historic•int~rest.
o7s • -
~ • $ . 2a_ . z sT~1lnaRns or sv~x,u~Txov
The ~ follawinc~ srecific standards shall be urea i.n
• ~ ~ deciding on an application for this use:
• a)' The site plan submitted meets all requzreme~nts
specified in sub-sect3.ons 8.8 a) and .8.8.2x.1
a) . -
b) Proposed uses and facilit~.es are complementary
and compatible a a, and
. apgropriate in the location proposed given
_ character of " su_rroundi,ng development. the.
• D a
P
- revelapmer,t of the szte as proposed tvould have
no << impact beyond the building except
for zpprop~ciate parking facilities.
c) .exterior structural alterations of historic
•structures shall be of such a~ nature as to
presexve the historic character of the
' building (s) . .
d) Fire, police and rescue services and water
. ~ supply and wastewater• treatmen~• methods are
• ~.. adequate to serve the proposed uses and
~~ ~. ~ facilities.
e) Fecreational~areas, service areas,~.•parking and
• screenl.ng are adequate L-or the proposed use (s)
. '. f) The site 3.s served by direct access to a state--
, ~ ~ maintained road.
.. ~q) xr_ternal vehicular and pedestrian circulation
_~ ~ ~• is adequate for the proposed usesfs).•
:~ - h) All applicable requirenents of Articles x, 5,
. ~ ~ ~, $. 9,10 and 12 have been satisfied.
This use is to be a • Crass A Special.. Use Permit in
. ~ the following districts:
• AR -- Agricultural Residential ~ '
. _ Rl -- Residential 1
mss?-SS ..1~-.s~t,?E'r~Tl~.~! P~r~tsJ~ ~_~r~nrnySS~~.~~ •
. ~ ~~t11 ~ C~ fc~ r ~' 1 r
to provide for motor vehicle sales/rentals as permitter] use in. the OC-3
district.
U~~~~~ U~ 4~C~1g m~.-a (Amerx7ment recorded in full in
the cfffcial Ordinarx:e Book in the office of the Clerk to the Board.)
Motion was made by Commissioner Marshall, recorded by Comai.ssfoner
.-_ Carey, to approve the amendment to the Zoning ordinance to allow for the non-
residential arr7 mixed use of historic ,structures, to revise 8.8.24.2 Standards
. ~ of Evaluation as indicated by underlining. and to delete the word "F.kterior" a.ri
item (c) .
~,
. ~'%'
8 D
~l~o~zcat• (~ nKIxATT~), W copy of the approved a",p,ti„a.,
t is in the
official, ordinance Book in the office of the Clerk to the Board.)
Motion was made by Commissioner Carey, seconded by C~missianer
Marshall, to amend Section 2.3.7.2 of the Zoning Ordinance to extend the time
period within which an appeal for an interpretation o£ a determination by the
Zoning Officer may be filed from fourteen (14) to thirty (30) days for
approval.
VOTE: ' i)NANIlHf7US.
IC
~ (A Copy of the approved amendment. is in the official Ordinance Book
in the office of the Clerk to the Gaya.) .
-..._ Motion was made
by Commissioner Marshall, recorded by Ccaanissioner
Willhoit, to amend the Zoning Ordinance, Article 3, to allow for replacement of
the Zoning Atlas by the Planning Department as needed.
VOTE: ~UJS.
• 2D. M ION TI ZE7~P EF TI 5 (A Copy of the
approved text ama,r7,,,,_~t yy ~ }~ official Ordinance book i.nl the office of the
Clerk to the Board.)
Motion was made by Commi.ssianer Marshall, recorded by Cam<ai.ssioner
Carey. to amrend the Subdivision Regulatiens replacing the current definition of
a ~~,d'y ion -defined, with the definition consistent with the State's general
enabling legislation.
VOTE: (7NAlVTMWS.
e - (A copy of the
approved text amendment is Sn the official Ordinance Book in the office of the
Clerk to tyre Board. )
Motion was made by Commissioner Carey, seconded by Commissioner
- .. Marshal3. to amend Article a ~~~A~ pe~~ to require that the applicant
submit twenty-six (26) copies of a 4ass A Special Use Permit site plan and ten
• (l0) copies of a Class B Special Use Permit site plan to meet the submittal
reglll.rem~[ItS.
VOTE: CiNANIhIOUS.
Motion eras made by Commissioner Lloyd. seoon`led by Commissioner
Carey, to continue the County's practice of sharing data processing software
with other Public bodies at no charge, with the. County retaining ownership
rights of what it has developed. and to autt~er3ze a nririn,Y awi dal ca „•„-e~.,~
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----- Original Message -----
From: <ficklecreek@mindspring.cbm>
To: [stevehh@mindspring.com>; ~mcareyl@mindspring.com>;
~barry.j@mindspring.com>; Cmwbrown@mindspring.com>;
~gordonam@mindspring.com>
Cc: <ficklecreek@mindspring.com~
Sent: Thursday, May 31, 2001 9:03 AM
Subject: Rural Guest Establishments
> Greetings,
> I attended the meeting on Tuesday night with the intention of commenting
on the proposed Orange County Zoning Text Amendments. Regrettably, the
meeting was adjourned to Thursday and i am unable to attend. It was
suggested that i email comments to the commissioners.
> I congratulate Orange county for taking the important step to encourage
agrotourism through rural bed and breakfasts. In many other areas of the US
and Europe, these establishments provide important connections for urban and
subruraban folks to gain first hand appreciation for agriculture and help
support farm diversification that brings in added income. As with most
issues that Orange County gets involved with, it is done 'with gusto' -with
these amendments, i feel that the rules could be made easier to understand
and less cumbersone for folks interested in beginning a rural b and b. my
specific comments are provided below.
>
~ 1. pg 110; 8.8.28.2 a). This site plan can be a costly enterprise if it
involves a complete survey of the complete property. Perhaps, this could be
modified to a less cumbersome requirement for the 1 to 3 BR B and B
category. Most property has a plat map but newer construction and roads may
not be on this map that is recorded in the deeds office. Would it be
possible to ask applicants to draw to scale items 1) to 9)? Another option
would be require that this be completed for facilities that are located
within 300 feet or 500 feet of another property.
> 2. pg 111; 8.8.28.2 b). This seems overkill far a 1 to 3 BR B and B that
will likely no other employees.
>
~ 3. pg 111; 8.8.28.2 d). Why is this important to Orange County Government?
Again, if the facility is located away from a road and would not alter the
visual aesthetic for drivers on state roads it seems unimportant for the
county to have jurisdiction over what an owner choses to do for landscaping.
Perhaps a minimum distance from property boundaries or roads would qualify
what situations fall under this concern.
>
> 4. pg 112; 8.8.28.3 a). I did not have the opportunity to review the
requirements of 8.8 a) and 8.8.24.1 a). My concern is requiring someone to
go to great expense to begin a small diversification of a larger farming
operation.
>
~ 5. pg 114; 8.8.28.4 b). Requiring solar power seems to be micromanaging
the aspect of lighting. As long as the lighting system minimizes night-time
glare any type may be used.
> Thanks again for the opportunity to carsnent. I heartily support the
general intent of the proposed amendments to foster diversification of farms
and rural areas and enhance important linkages between rural and urban
communities.
~ sincerely
> noah ranells