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HomeMy WebLinkAboutPlanning Board - 030321 ORC Agenda Packet ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 lr � •,z ,�pr�l1 Lac°,ca AGENDA ORANGE COUNTY PLANNING BOARD Wednesday, March 3, 2021 Ordinance Review Committee Meeting — —7:45 pm (immediately following regular meeting) Due to current public health concerns, the meeting will be virtual. Members of the Planning Board and staff will be participating in the meeting remotely. Interested members of the public can view and participate in the meeting by following the instructions at the end of the agenda. (Please note that pre-registration no later than 3:00 p.m. the day of the meeting is required to speak at the meeting). Note: ORC sessions are optional for Planning Board members and a quorum is not required to hold the meeting. No. Page(s) Ag_qnda Item 1. CALL TO ORDER 2. 3 — 350 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — "160D" LEGISLATION - To review UDO text amendments related to State legislation that is referred to as 160D (a reference to the statute section). The amendments also require changes to Appendix F of the Comprehensive Plan and to the Planning Board and Board of Adjustment Rules of Procedure. A general overview of this item was also provided at the September 2, 2020 ORC meeting. Presenter: Perdita Holtz, Planning Systems Coordinator 4. ADJOURNMENT Public Comments / Participation There are two methods for public comment: • Written submittals by email or drop-off • Speaking during the virtual meeting Written Public Comments Members of the public are encouraged to provide written public comments by emailing comments to plan ningboard(a)orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting. Please include in the Subject line of the email the title of the agenda item your comment pertains to. Emails sent to this address are viewable on Google Groups: https://groups.google.com/g/ocplanningboard Written comments can also be dropped off at the Planning Department's offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m. Monday through Friday). If a staff member is not available, please leave your comments in the drop-off box near the front counter. Written comments will be scanned and sent by staff to the email address indicated above. Verbal Public Comments Members of the public must contact Planning Department staff via email at ocpbpubliccomment(a orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting and indicate they wish to speak during the meeting. When submitting the request to speak, please include the following: • The date of the meeting • The title of the agenda item you wish to speak on • Your name, address, email and phone number o The phone number must be the number you will call in from if participating by phone During the meeting, speakers will be called upon in the order in which requests to speak were received. Each speaker may speak once per agenda item and has 3 minutes to address the board. Ceding time to another speaker is not permitted. In the event a meeting is continued to a future date due to the length of public comments, the date for the continued meeting will be announced before the meeting adjourns. No additional requests to speak will be taken for the continued meeting, only the speakers who signed up to speak at the original meeting and were not called upon will be able to speak at the continued meeting. Written comments continue to be encouraged and can be sent to the email address indicated in the "Written Public Comments" instructions above. Zoom Meeting Registration Both members of the public who wish to speak at the meeting and those who wish to only view the meeting must register to receive a link to the meeting. Persons wishing to speak must register with the same name provided in the email that notified staff you wish to speak. The link to sign up for the meeting is: https://orangecountync.zoom.us/webinar/register/WN 5gUkght STOOG5FJDfe6ng If you do not have internet access, you may participate in the meeting via phone. Please call (919) 245-2575 during regular business hours to receive information on the number to call-in to, the meeting ID, and a password. Review Process The Planning Board is an appointed volunteer advisory board which makes recommendations to the Board of County Commissioners (the elected officials). The Board of County Commissioners holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified Development Ordinance contains a flowchart depicting the entire review process for rezoning and text amendment applications. 3 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: March 3, 2021 Action Agenda Item No. 2 SUBJECT: Unified Development Ordinance Text Amendments — "160D" Legislation DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) 1. Proposed UDO and Comprehensive Plan Perdita Holtz, Planner III 245-2578 Amendments (has not received final Craig Benedict, Director 245-2575 approval by the County's legal staff) 2. Proposed Amendments to the Planning Board Rules of Procedure PURPOSE: To review County-initiated amendments to the Unified Development Ordinance to conform County regulations to a new chapter, 160D, of the North Carolina General Statues. As a result, amendments to Appendix F of the Comprehensive Plan and to the Planning Board's and Board of Adjustment's Rules of Procedure are also necessary. BACKGROUND: In July 2019, the North Carolina General Assembly adopted legislation that entailed the first major recodification and modernization of city and county development regulations since 1905. The effort was several years in the making; it began in 2013 when the endeavor was initiated by the Zoning and Land Use Section of the NC Bar Association. All local governments in North Carolina are required to adopt conforming regulations by July 1, 2021 (pushed back from an earlier date due to the COVID-19 pandemic). A blog post by staff at the School of Government at UNC-Chapel Hill provides helpful background information on the legislation: https://canons.sog.unc.edu/chapter-160d-and-other-zoning-legislation/ Planning and County Attorney staff are still in the process of finalizing UDO amendments to comply with the new legislation with the aim of leaving existing processes as unchanged as possible while also conforming the UDO to statutes. The amendment packet in Attachment 1 has not received final approval bV the County's legal staff. However, Planning staff is bringing the latest version to the ORC since the amendment package is lengthy and doing so will enable Planning Board members to have a preview of the amendments and the ability to ask questions and/or make comments. Planning staff provided an overview of the legislation at the September 2, 2020 Ordinance Review Committee (ORC) meeting, seeking and receiving approval to bring the amendment package directly to the Planning Board for review since the revisions are required by the State legislation and there is limited ability to make substantial changes to the proposed revisions. Since the internal process has taken longer than expected, Planning staff is bringing the package to ORC, as explained above. At the September meeting there was a request that staff identify areas that are not strictly required by statute; staff has done so below where Special Use Permits are discussed. There are a limited number of proposed revisions that are more substantive in nature and are being proposed to conform the County's UDO to state requirements and best practices. These more substantive revisions include: 4 • Having just one class of Special Use Permit (SUP) and having SUPs heard and decided upon only by the Board of Adjustment (BOA) as the BOA is best suited to conduct quasi- judicial matters. oThere are currently Class A and Class B SUP uses, Class A uses are heard by the Board of County Commissioners (with a recommendation by the Planning Board) and Class B uses are heard by the BOA. o Instead of having the BOCC conducting quasi-judicial matters, uses that currently require a Class A SUP would instead be approved via new conditional districts, which are legislative decisions. The BOCC would still be the decision-maker for these uses, with review and recommendation by the Planning Board, just the process is different. o Note: this is an aspect of the amendments that is not strictly required by Chapter 160D but is a best practice in North Carolina and recommended by the County's legal staff. • Eliminating the option for a "Conditional Use District" (CUD) from the LIDO. Processing CUD applications are reviewed using a mixture of legislative and quasi-judicial processes, which can result in much confusion. Eliminating this type of process was one of the impetuses for the modernization of the statutes. In the `00s, the NC Legislature amended the statutes to allow for "Conditional Zoning Districts" which, arguably, negated the need for CUDs. (As a note, "conditional zoning districts" are now called "conditional districts" as a result of the terms used in NCGS Chapter 160D.) oStaff proposes to add four new Conditional Districts to the UDO to replace the CUD — a residential conditional district and a non-residential conditional district. ■ Two of the new districts (R-RB-CD and NR-RB-CD) would be applicable within the Rural Buffer area of the county while the other two (R-CD and NR-CD) would be applicable to geographic areas outside of the Rural Buffer. This action is being proposed in order to keep existing land use restrictions within the Rural Buffer intact (in keeping with the adopted Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan) while also producing an ordinance that conforms to 160D requirements. oElimination of the CUD will result in a reorganization of how major subdivisions are defined in Article 7 and the review process used, but the review and approving staff/boards remain the same. As noted above, amendments to Appendix F of the Comprehensive Plan and to the Planning Board's Rules of Procedure are necessary as a result of the UDO amendments. The proposed amendments to the Comprehensive Plan are included in Attachment 1 while the Rules of Procedure amendments are in Attachment 2. As an aside, amendments are also necessary to the Board of Adjustment's (BOA) Rules of Procedure and the BOA will be reviewing the amendments to its document. The amendment version that has been vetted/approved by the County's legal staff can be viewed at: http://orangecountync.gov/DocumentCenter/View/l 4966/UDO-160D-amendments---version-3- legal Iy-sufficient-on-0217211 (Note that this version is a PDF of the entire UDO with changes tracked; due to time constraints, staff was not able to extract only those pages that have edits). Planning staff submitted a subsequent version in an attempt to more closely align the UDO with existing processes as they pertain to the Joint Planning Area with Chapel Hill and Carrboro. FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks associated with updating the UDO in response to the State legislation. RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed amendments and provide any feedback to staff. 5 Attachment 1 UDO AMENDMENT PACKET NOTES: The following pages contain UDO amendments necessary to conform Orange County's UDO to new NCGS chapter 160D. Within this amendment package: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO • Red Strikethrough Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modifications have been included within this packet. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-Development- Ordinance-PDF 6 ARTICLE 1 : ADMINISTRATION PROVISIONSSECTION 1.1: GENERAL 1.1.1 Title The official title of this document is'Unified Development Ordinance of Orange County, North Carolina'. For convenience,it shall be referred to throughout this document as'this Ordinance', 'the Ordinance','the/this Unified Development Ordinance'or'the/this UDO'. 1.1.2 Authority This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina General Statues(NCGS),specifically the provisions of: (A) Chapter 153A,Article—'I8160D1, (B) Chapter 4, (D)fqL_Chapter 39,Article 5A, (€LQL_§47-30,-and (E) §143 214.5�nd (F) all special local legislation approved by the North Carolina General Assembly,including but not limited to Session Law 1991-246. For the purpose of establishing comprehensive development regulations for designated portions of Orange County and providing for administration,enforcement and amendment thereof in accord with the aforementioned provisions. 1.1.3 Flood Damage Prevention Authority—Basis for Establishment (A) The Legislature of the State of North Carolina has delegated authority to county governments to adopt regulations to promote the public health,safety,and general welfare of its citizenry in the following sections of the North Carolina General Statutes: (1) Part 6,Article 21 of Chapter 143, (2) Parts 22, 3 and^ Articles1, 7,8,and 11 of Ahide IS Af Chapter 153A160D,and (3) §153A-121. (B) The Special Flood Hazard Areas(SFHA)are those identified under the Cooperating Technical State(CTS)agreement between the State of North Carolina and FEMA in its Flood Insurance Study(FIS)and associated Digital Flood Insurance Rate Map (DFIRM)panels,with an effective date of October 19,2018 for Orange County including any digital data developed as part of the,which are adopted by reference and declared a part of this ordinance. The maps may be maintained either in paper or digital format and shall be available for public inspection in the Planning Department. Future revisions to the FIS and panels that do not change flood hazard data within the jurisdictional authority of Orange County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions(LOMRs)and/or Physical Map Revisions(PMRs)shall be adopted within 3 months. 1 The struck-through provisions in Sections 1.1.2 and 1.1.3 are repealed as of 1/1/21and replaced with the provisions in Chapter 160D. Z Added to be compliant with Section 160D-105(b). Orange County,North Carolina—Unified Development Ordinance Page 1-1 7 Article 1: Administration Section 1.1:General Provisions (A) Correct a manifest error in the Ordinance,or (B) Extend the boundary of an existing zoning district,because of changed or changing conditions in a particular area or in the county generally,or (C) Rezone an area either to a different conventional zoning district;or conditional zening district,PrGenditienal, e a,S*.,Gt r (D) Change the regulations and restrictions thereof. Amendments shall be reasonably necessary to promote the public health,safety,and general welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereof. 1.1.6 Applicability and Jurisdiction (A) Except as otherwise expressly stated,this Ordinance applies to all development,public or private,within the unincorporated area of Orange County or outside of existing municipal extra-territorial jurisdictional boundaries,or established Joint Planning Areas, approved by the County Board of Commissioners,to the extent allowed by law. (B) Split Jurisdiction If a parcel of land lies within the planning and development jurisdiction of more than one local government,the local governments may,with the written consent of the landowner,assign exclusive planning and development jurisdiction for the entire parcel to any one of those local governments,in accordance with the intent and process prescribed in NCGS 160D-20V 1.1.7 Conformance with Adopted Plans The provisions of this Ordinance,and any proposed amendment thereto,shall be consistent with the goals and policies included in the Orange County Comprehensive Plan and/or any specialized study approved by the Orange County Board of Commissioners relating to land use development within the County's planning jurisdiction. (1) If a Zoning Atlas amendment is adopted and the action is deemed inconsistent with the adopted Comprehensive Plan,the Zoning Atlas amendment shall have the effect of also amending the Future Land Use Map of the Comprehensive Plan. (a) In such a case,no additional application or fee for a Comprehensive Plan amendment shall be required of the applicants WLgL_The enforcement,interpretation,and application of the standards contained herein shall be consistent with the goals and policies of the Comprehensive Plan and shall not create a situation that is inconsistent with the goals and policies contained therein. 3 Section 160D-703 standardizes zoning district terms. The former"general use"district is now termed "conventional"district. Conditional Zoning Districts are now termed"conditional district." 4 With the adoption of 160D,state statutes now include a planning and development process for parcels split by jurisdiction. Staff is not spelling out the exact process in the UDO,in case the statutory language were to change in the future(and,therefore,necessitate a UDO text change)but the general process is that each local government would have to formally adopt a resolution regarding the planning jurisdiction for the parcel(s)in question and the resolution is recorded with the register of deeds. Taxation and other non-regulatory matters would not be affected. 5 The proposed language is the current State law,found in Chapter 160D-605. Staff is suggesting adding the language to the UDO to provide clarity on the process in such situations. Orange County,North Carolina—Unified Development Ordinance Page 1-3 8 Article 1: Administration Section 1.1:General Provisions 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter153A, ^Ft!Gl 19, PaFt 3 160D, Article 7 do not apply to property used for bona fide farm purposes,as defined within North Carolina General Statutes,except as follows: (A) Any non-farm use of farm property, (B) Compliance with all regulations required to be imposed by the Federal Emergency Management Agency(FEMA)through the National Flood Insurance Program including all applicable Flood Insurance Rate Maps(FIRM),and (C) Compliance with the Orange County flood damage prevention regulations as detailed within this Ordinance. 1.1.9 Relationship with Other Laws,Covenant,or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law,the more restrictive provision governs,to the extent permitted by law.The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in other adopted ordinances or regulations of the County,the more restrictive provision governs.The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (C) In accordance with this Ordinance,a property owner may be required to record deed restrictions,covenants,or other legal documentation outlining development limitations or imposing regulatory standards on the perpetual development and/or use of property. While the County may require such legal documents to be recorded as part of the normal development review process,the County has no enforcement authority over private covenants or deed restrictions that are not based on development limitations imposed by this Ordinance. This Ordinance is not intended to interfere with,abrogate or annul any easement,covenant,deed restriction or other agreement between private parties.Orange County does not enforce private agreements. (D) Town of Chapel Hill Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (E) Town of Carrboro Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules (Jordan Lake Rules)of 15A NCAC 02B.0265,.0267 and.0268,apply to all lands within the Jordan Lake Watershed portion of Orange County.Wherever standards of the Jordan Lake Rules and the standards listed in this ordinance differ,the more restrictive provisions shall apply. (G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the riparian buffer protection rules(Neuse Rules)of 15ANCAC 02B.0235, .0240, .0233, .0241,and.0242 apply to all lands within the Neuse River Basin portion of Orange County.Wherever standards of the Neuse Rules and the standards listed in this ordinance differ,the more restrictive provisions shall apply. Orange County,North Carolina—Unified Development Ordinance Page 1-4 9 Article 1: Administration Section 1.1:General Provisions (B) Building permits,variances,special use permits,subdivision plans,site plan approvals, and other similar development approvals that are valid on April 5,2011,will remain valid until their expiration date.Development may be completed in accordance with such approvals,even if such building,development or structure does not fully comply with provisions of this Ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted,then the building,development or structure must meet the standards of this Ordinance in effect at the time of re-application. (C) Applications for building permits,variances,special use permits and other similar development approvals that were submitted in complete form and were pending approval on April 5,2011 shall be reviewed under the terms of the ordinance(s)in effect at the time the application was deemed complete.Any re-application for an expired approval must meet the standards of the ordinance(s)in effect at the time of re- application. 1.1.15 Vested Rights and Permit Choice (A) In accordance with the provisions of NCGS 152A-3441160D-108 a property owner may seek a vested right designation on any Ssite-Sspecific d eve!epmen�Vesting6 Pplan consistent with the standards and requirements detailed herein. (B) If an application made in accordance with this Ordinance is submitted and a development regulation changes between the time the application was submitted and a decision is made,the applicant may choose which version of the development regulations will apply to the application,in accordance with NCGS 160D-108.j� 1.1.16 Severability It is the legislative intent of the Board of County Commissioners in adopting this Ordinance that all provisions and sections thereof shall be liberally construed to protect and preserve the peace, health,safety and general welfare of the inhabitants of Orange County and,further,that should any provision,portion,section,or subsection of this Ordinance be held to be construed as affecting the validity of any of the remaining provisions,portions,sections or subsections,it is the intent of the Board of County Commissioners that this Ordinance shall stand,notwithstanding the invalidity of any provision,or section or part thereof. 1.1.17 Repeal of Existing Regulations All existing regulations now contained within this Ordinance are hereby repealed. The adoption of this Ordinance, however,shall not affect nor prevent any pending or future prosecution of,or action to abate,an existing violation of said regulations,as amended. (A) Status of Prior Violations (1) All violations of the regulations repealed by the adoption of this Ordinance shall remain violations of the ordinances of Orange County and all penalties and enforcement remedies set forth herein shall be available as though the violation were a violation of this Ordinance. (2) However,if the effect of this Ordinance is to make a formerly unlawful or nonconforming use become lawful and/or conforming,then no enforcement action shall be taken except for the imposition and collection of penalties for the violations that occurred prior to the effective date of this Ordinance. (B) Effect on Rights and Liabilities under the Flood Damage Prevention Ordinance 6 Chapter 160D standardizes the terminology state-wide to"site specific vesting plan". This is existing state law that staff is suggesting be added to the UDO to provide additional clarity on what is allowed and the process(as spelled out in state statutes). Orange County,North Carolina—Unified Development Ordinance Page 1-6 10 Article 1: Administration Section 1.2:Official Zoning Atlas (3) The standards may be in effect only in the area affected by the contemplated plan and/or in which its implementing mechanisms will apply;and (4) The standards may limit the nature and type of development applications and projects which are approved throughout the duration of the standards. SECTIONOFFICIAL ZONING 1.2.1 Generally (A) The Orange County planning and zoning jurisdiction shall be,and hereby is,divided into Zoning Districts as detailed in Article 3 of this Ordinance. (B) The boundaries of said Zoning Districts are hereby established as shown on the Official Zoning Atlas which accompanies this Ordinance and which,with all notations, references,and other information shown thereon,shall be as much a part of this Ordinance as it is fully described herein. Maps and descriptions accompanying enacted amendments shall be displayed by the Planning Department adjacent to the Official Zoning Atlas until such time as the official copy is corrected. (C) The Official Zoning Atlas and any subsequent amendments shall be authenticated by the Clerk to the Board of County Commissioners and kept on file in the Planning Department. The surrentOfficial Zoning Atlas and prior Tversions may be maintained either in paper or digital for mat.- (D) Copies of the Official Zoning Map Atlas,or portions thereof,may be made from time to time. These copies are for informational purposes only and the Official Zoning Atlas, as described herein,shall be the final and sole authority as to the zoning status of land within the zoning jurisdiction of Orange County. (E) The Planning Director shall be responsible for entering amendments to the Official Zoning Atlas. (F) The Planning Director shall authenticate the entry of each amendment to the Official Zoning Atlas and shall maintain a record of the nature and date of entry of each amendment. (G) Changes to the Official Zoning Atlas,other than those authorized by duly approved amendments to this Ordinance,shall not be made. The making of unauthorized changes to the Official Zoning Atlas shall be considered a violation of this Ordinance. (H) Amendments to this Ordinance that result in the change in classification of any piece of land shall become effective immediately upon enactment by the Board of County Commissioners. The Board of County Commissioners,upon a finding of due cause, may extend the effective date of any such amendments. (1) When all or part of the Official Zoning Atlas becomes damaged,lost,destroyed,worn or hard to interpret by reason of its age,condition, number of changes or otherwise,the Atlas shall be replaced by the Planning Director. This new edition of the Official Zoning Atlas may not change the zoning status of any property. Such replacements shall be authenticated by the Clerk of the Board of County Commissioners and shall bear the date of replacement. 1.2.2 Interpretation of Zoning District Boundaries When there is any uncertainty as to the intended location of any zoning district boundary on the Zoning Atlas,the Planning Director shall make an interpretation of the Atlas upon request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Adjustment. The Planning Director and the Board of Adjustment,in interpreting the Zoning Atlas or deciding any appeal,shall apply the following standards: $New provision in NCGS 160D-105. Orange County,North Carolina—Unified Development Ordinance Page 1-8 11 Article 1: Administration Section 1.3:Board of County Commissioners (A) Boundaries indicated as approximately following the centerlines of streets; highways or alleys shall be construed as following such centerlines; (B) Boundaries indicated as approximately following lot lines shall be construed as following such lot lines; (C) Boundaries indicated as approximately following City Limits shall be construed as following such City Limits; (D) Boundaries indicated as following railroad lines shall be construed to be the center line of the main track; (E) Boundaries indicated as following shorelines shall be construed to follow such shorelines;in the event of change in the shoreline,the boundary shall be construed as moving with the actual shorelines; (F) Boundaries indicated as approximately following the centerlines of streams, rivers, canals,lakes or other bodies of water shall be construed as following such centerlines; (G) Boundaries shown as approximately following designated flood hazard area limits shall be construed as following such limits; (H) Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Zoning Atlas shall be determined by reference to the scale of the Atlas;and (1) Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Atlas,or in other circumstances not covered by Subsections A through F above,the Board of Adjustment shall interpret the district boundaries. SECTION 1.3: BOARD OF COUNTY COMMISSIONERS 1.3.1 Responsibilities The Orange County Board of Commissioners shall have the following responsibilities in relation to the administration of this Ordinance: (A) Hear and decide applications for amendments to the text,schedules,and map portions of this Ordinance,which shall be processed in accordance with the provisions detailed herein. In exercising this power,the Board is bound by the State enabling legislation, the terms of this Ordinance,and applicable court decisions in carrying out its legislative function. (B) Hear and desideap l'Gat^ s fertthe appmval Af A SPesial Use permit as need n the SGherL de of Permitted I Ices a .al gf fhn RnaFd of Commissioners,Whinh shall hen sed in accordaRGe with the provisions detailed herein in exercising this power,the Beard is bound by the State enabling legislation, apnpri;l ands nifin stand-arils and requirements of the nahiGUIar Spenial Use a ri-finer!herein 9 (6}jqL_Hear and decide applications appealing those decisions appealed to the Board of County Commissioners. Miq_Establish Rules of Procedure for the conduct of hearings and other proceedings before the Board of County Commissioners in exercising responsibilities identified herein. (€())Make the necessary appointments to the Planning Board and Board of Adjustment. 9 Staff is recommending,in order for the BOCC to cease hearing quasi-judicial matters because of the formal legal process that such matters require,that uses currently requiring a Class A SUP be modified to be allowed via a new conditional district(which is a legislative approval to which conditions can be applied). Orange County,North Carolina—Unified Development Ordinance Page 1-9 12 Article 1: Administration Section 1.4:Planning Director (E) Provide,by appropriation,funds for the administration of this Ordinance. 1.3.2 Conflicts of Interest'-0 (A) A member of the Board of County Commissioners shall not vote on any legislative decision regarding a development regulation contained in this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial,and readily identified financial impact on the member. (B) A member of the Board of County Commissioners shall not vote on any zoning amendment if the landowner of the property subject to the rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business,or other associational relationship. SECTION • - 1.4.1 Responsibilities (A) The Planning Director,or his/her designee,shall have the responsibility for the administration,interpretation,and enforcement of this Ordinance. (B) Within this Ordinance,'Planning Director'is synonymous with the individual actually serving in that capacity or a designated employee unless otherwise specified. (C) The Planning Director is an employee of the County hired by and reporting to the County Manager and shall have the following duties in respect to this Ordinance: (1) Administering all provisions of this Ordinance for which administrative responsibilities are not otherwise expressly assigned; (2) Making interpretations of the provisions of this Ordinance; (3) Reviewing all applications submitted in accordance with the requirements of this Ordinance to ensure compliance with the provisions of this Ordinance; (4) Coordinating County staff's compliance with duties and responsibilities specified in this Ordinance; (5) Preparing reports for,submitting recommendations to,and seeking input from, the Planning Board for all matters for which this Ordinance requires review and approval by the Planning Board; (6) Maintaining records of the Planning Board's meetings and actions; (7) Ensuring the text of this Ordinance and the zoning atlas are modified to reflect any amendments approved by the Board of County Commissioners and maintaining up-to-date originals and copies of these documents; (8) Conducting on-going regular reviews of the text of this Ordinance and proposing amendments necessary to implement and ensure consistency with the policy objectives of the County; (9) Maintaining records of the Board of Adjustment's meetings and actions; (10) Reporting any variances or interpretations of the location of the boundary of an area of special flood hazard area to the Federal Insurance Administration upon request;and (11) Granting Zoning Compliance Permits,making inspections of buildings or premises, revoking permits,and any other procedures necessary to carry out the enforcement of this Ordinance. 10 Adoption of conflict of interest standards are now required,pursuant to NCGS 160D-109. Orange County,North Carolina—Unified Development Ordinance Page 1-10 13 Article 1: Administration Section 1.5:Planning Department 1.4.2 Conditions on Authority When rendering decisions on the approval of development projects,the interpretation of this Ordinance,or the issuance of permits,the Planning Director shall determine if the application is consistent with the requirements of this Ordinance and issue all appropriate permits or other approvals. The following limitations apply: (A) Issuance of a permit authorizing the excavation,construction,moving,alteration,or use of land shall in no case be construed as waiving any provision of this Ordinance. (B) Under no circumstances is the Planning Director permitted to grant exceptions to the actual meaning of any clause,standard,or regulation contained in this Ordinance to any person making application to excavate,construct,move,alter,or use either building,structures or land. (C) Under no circumstances is the Planning Director permitted to make changes to this Ordinance or to vary the terms of this Ordinance in carrying out assigned duties. (D) The Planning Director shall issue a permit when an applicant demonstrates that the standards established by this Ordinance are complied with regardless of whether the use of the permit would violate contractual or other arrangements(including, but not by way of limitation, restrictive covenants)among private parties. (E) The Planning Director shall revoke a zoning compliance permit if it is found to be issued in violation of any of the provisions of this Ordinance,or if the conditions as stated on the permit are not carried out. (F) If an application for a permit is disapproved,the Planning Director shall state in writing the cause for such disapproval. (G) The Planning Director shall issue a Stop Work Order pursuant to Article 9 of this Ordinance if it is determined that irreparable injury will occur if an alleged violation is not terminated immediately. 1.4.3 Conflicts of Interest!-'' Neither the Planning Director,nor any County staff member,shall make a final decision on an administrative decision pursuant to this Ordinance if the outcome of the decision would have a direct,substantial,and readily identified financial impact on the Planning Director,or staff member,or if the applicant or other person subject to that decision is a person with whom the Planning Director,or staff member,has a close familial,business,or other associational relationship. SECTION 1.5: PLANNING DEPARTMENT 1.5.1 Duties and Responsibilities The Planning Department is an administrative department of the County Government headed by the Planning Director. The Planning Department shall have, under the authority of the Planning Director,the following responsibilities in relation to this Ordinance: (A) The administration and enforcement of the Ordinance. (B) The issuance of any required permits and certificates as authorized by this Ordinance. (C) Administrative,technical and professional support to the Board of County Commissioners, Planning Board, Board of Adjustment and any advisory committee set up hereunder. (D) The preparation of written staff reports and recommendations on all proposed amendments to this Ordinance,applications of approval of Special Uses,appliGatiGRs 11 Adoption of conflict of interest standards are now required,pursuant to NCGS 160D-109. Orange County,North Carolina—Unified Development Ordinance Page 1-11 14 Article 1: Administration Section 1.6:Planning Board 12 applicationsof approval of plats,applications for variances,and appeals from orders,decisions,determinations,and requirements made in enforcing this Ordinance. (E) Liaison with other County departments,representatives of other local governmental units and units of the State of North Carolina and of the United States. (F) The maintenance of data, maps,and other information necessary to discharge of its responsibilities. (G) Provide appropriate services to encourage the participation of citizens of Orange County in the discharge of its responsibilities. (H) Perform such other duties as may be directed by the Board of County Commissioners. SECTIONBOARD 1.6.1 Establishment and Intent (A) The Orange County Board of Commissioners under the authority of Chapter 443A160D, n.,;^lo 18, Dart 1Section 301 of the General Statutes of North Carolina,as amended,for the purposes and advantages described herein,creates a County Planning Board to embark upon a continuing planning program,including but not limited to the preparation and maintenance of a Comprehensive Plan for Orange County,in protection of the public health,safety,and general welfare of present and future residents,landowners and visitors. (B) The Planning Board shall consist of at least 12 members who shall be residents efdomiciled in13 Orange County. Members shall serve without compensation except for incidental expenses incurred in connection with official duties as approved by the Board of County Commissioners. (C) Each Township within the County shall be represented in the membership of the Board by at least one resident. (D) The Board of County Commissioners may by resolution establish rules related to the requirements for volunteer service on the Planning Board,appointment and removal of Planning Board members,and rules of procedure. (E) In establishing the Planning Board and its program,the Board of Commissioners intends that the Planning Board be guided by the following principle: (1) The Comprehensive Plan,and any ordinances or other measures to effectuate it, shall be made with the general purpose of guiding and accomplishing a coordinated,and harmonious development of the County which will,in accordance with present and future needs, best promote health,safety and the general welfare,as well as efficiency in the process of development; including, among other things,adequate provisions for traffic,the promotion of safety from fire and other dangers,adequate provision for light and air,the promotion of the healthful and convenient distribution of populations,the promotion of good civic design,wise and efficient expenditure of public funds,and adequate provision of public utilities,services,and other public requirements,and conservation of significant natural and man-made resources within the County. 12 This is a reference to an old process that should have been deleted in 2011 when the various development- related ordinances were combined into the LIDO. 13 Update to reflect language now used in General Advisory Board Policy. Orange County,North Carolina—Unified Development Ordinance Page 1-12 15 Article 1: Administration Section 1.6:Planning Board 1.6.2 Tenure and Membership Expectations14 Tenure and Membership Expectations are included in the Orange County Advisory Board Policy and the Planning Board Policies and Procedures,as approved by the Board of County Commissioners(A) The teRure E)f effiGe shall be three years. Members aFe eligible feF reappointment fer a for reappointment fnr nne.ear after the a ra+'e of the previous terms (B) App^A^*Ments shall be r ;tee se that Ane-third of the terms a of eaAh Galendar Anpeintrnents made to fill. shall he fnr the red ter.n if there a e less than twe years remamnona on the unexpired term 45 and shall nn+he o untpd a A+arm n determining eligibility for reappn'ntment (C) All members appeonted te the-P'-RRRORQ Beard shall.befere eRteFOR their duties,aual' by taking a Bath of office a requked-by-NGGS 153A 26� (D) A member whose term h a red shall m entiRue to�n n the Qoard- nfil his/her respe-eti.ie-su.c2e2esse.r has hoop a nterl GGR s idered a site fer n. inte-nanee-of membershipPlanning Beard The- because of a m mber's non_at+endanoe in aGGOrdance with the Planning Board Rules of PfeeeduFe. (E) Attendance at Public Hear'ncis for matters on which the Plann'nq Beard has made a- FeGOMFnendat'en shall be enGouFaeed-� R Abs8RGe diue te s--mr-.kness,death ef aR immediate family rne.rnher Q_.r s-irnolar reason shall hen sidered a Teri absenee-cc and shall not affe-et the-m mber's state is In the eVeR'tof long illness ex r u e+her ease fer nrelonged absence the member shall be ^Q re^ d. or 1 6 F!A) The Ream!of GG' Rty Gemmissieners may by r el-hion establish r..les relater!to i�/LL II7+he+erms, therehy,conflict.yi+h the terms of this se-etion of the-rasol,tmo ri GF noI'e.i shall eentrel 1.6.3 Duties79 As provided for in 153A 32116OD-301 of the General Statutes of North Carolina,as amended,the Planning Board shall have the following general Powers and Duties: (A) Make studies of Orange County and surrounding areas; (13) Determine etjestives to be sought in the develenp +�nrang8 GOURt. (C) PFopese And rene.mmend.plaRs for aorhiey+ng these E)b}eGtiV8. 14 Because this information is now included in the two referenced policy documents,staff is recommending these duplicate provisions be deleted from the UDO. is Staff is suggesting that all tenure and membership issues be included only in the County's Advisory Board Policv or,in cases where a specific board may vary from the General policy,in the board-specific rules of procedure since these policies were developed several years ago and are a more appropriate place for these types of issues. FPflP6t eWffent advmsen,hea.,J neli..., 47 Thk in npw rp wrement u nder'60D Slam reflect r adv6sen,hear,J nelis., 19 All revisions in the section conform the UDO to NCGS 160D-301. Orange County,North Carolina-Unified Development Ordinance Page 1-13 16 Article 1: Administration Section 1.6:Planning Board (A) Prepare, review,maintain,monitor,and periodically update and recommend to the Board of County Commissioners a Comprehensive Plan,and other such plans as deemed appropriate,and conduct ongoing related research,data collection,mapping, and analysis; M)LqLDevelop and recommend policies,ordinances,development regulations,administrative procedures and other means for carrying out plans in a coordinated and efficient manner; (€4LCLAdvise the Board of County Commissioners concerning the use and amendment of means for carrying-out- plans,including,but not limited to, review and comment on all zoning text and map amendments as required by NCGS 160D-604; R(D)_Exercise such functions in the administration and enforcement of various means for carrying out plans that the Board of Commissioners may direct; (G)LELPerform other related duties that the Board of County Commissioners may direct; (L.I`_H)Appr and r end for adeptien by the Board of County Comm'Gemnrehensi.,e Plan for the deyelepmen+of the o ,Rty a well a amendments therete;and (1) The PlaRRiRgBeard working .with the PlaRRiRg oFeGtBF,shall fir m+imetoo time at 0n+en.als of not mere than five years examiRe the n GRSof this Ordinance and the location of Zoning District boundary lines and shall submit a report to the Board o desirable On the interest ef publiG and general mindful ef the n+ent expressed in G�hseefien 1 4 5 health,safety, welfare, 1.6.4 Conflicts of Interest20 (A) A member of the Planning Board shall not vote on any advisory or legislative decision regarding a development regulation contained in this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct,substantial,and readily identified financial impact on the member. (B) A member of the Planning Board shall not vote on any zoning amendment if the landowner of the property subject to the rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial,business,or other associational relationship. 1641.6.5 Staffing (A) The Planning Director, under the direction of the County Manager or his/her designee, shall serve as the professional staff to the Planning Board and shall be primarily responsible for completing any work product necessary to assist the Board in carrying out its duties. (B) The Board of County Commissioners must approve all work assignments or projects requested by the Planning Board outside of work product associated with this Ordinance prior to the commencement of work. I 6 51.6.6 Rules of Procedure The Planning Board shall conduct its affairs in accordance with the"Orange County Board of County Commissioners Advisory Board Policy"and the"Planning Board Policies and Procedures". 20 Adoption of conflict of interest standards are now required,pursuant to NCGS 160D-109. Orange County,North Carolina—Unified Development Ordinance Page 1-14 17 Article 1: Administration Section 1.7:Comprehensive Plan 4-:6-.61.6.7 Notification of Meetings All meetings shall be open to the public.The Planning Director shall cause notices to be given as required under: (A) Article 33C, Chapter 143 of the North Carolina General Statutes; (B) 143-318.11 of the North Carolina General Statutes;and (C) Article 2 of this Ordinance. I71.6.8 Meeting Minutes The Planning Beard Director shall cause minutes of its-Planning Board meetings to be maintained as a permanent public record. Such minutes shall record the attendance of its members,its findings,recommendations,and a summary of information,data and comments presented to it. SECTIONCOMPREHENSIVE 1.7.1 Intent (A) The Comprehensive Plan shall constitute an internally consistent and compatible statement of policies foF the long term,physical development iethat sets forth goals, policies,and programs intended to guide the present and future physical,social,and economic development of that portion of Orange County under County jurisdiction,in accordance with NCGS 160D-501.21 for PhYS'Gal The Comprehensive Plan shall periodically be reviewed and maintained to ensure the relevance of policies to current and projected conditions.22 (gLgL_Land use regulations are intended to be consistent with the adopted Comprehensive Plan. 1.7.2 Elements The Comprehensive Plan shall be comprised of the following elements: (A) Economic Development (B) Housing (C) Land Use (D) Natural and Cultural Systems,including: (1) Agriculture, (2) Air and Energy Resources, (3) Cultural and Historic Resources, (4) Natural Areas,Wildlife Habitat and Prime Forests, (5) Water Resources, (E) Parks and Recreation, Z'NC jurisdictions exercising zoning authority are now required to adopt and"reasonably maintain"a Comprehensive Plan. The amendments in this section reflect the language in 160D-501. zz The new statutes(160D-501)do not prescribe a timeframe in which a Comprehensive Plan must be reviewed/updated because the necessity will vary considerably among the hundreds of NC local governments that exercise zoning authority. UNC School of Government staff has indicated that"the schedule for updates is left to the good judgment of each jurisdiction,provided officials act in a reasonable fashion under the particular circumstances." Orange County,North Carolina—Unified Development Ordinance Page 1-15 18 Article 1: Administration Section 1.8:Board of Adjustment (F) Services and Community Facilities,including: (1) Water and Wastewater, (2) Erosion Control and Stormwater Management, (3) Solid Waste and Recycling, (4) Public Safety and Telecommunications, (5) Library Service, (6) Education, (G) Transportation, (H) County Profile(Data),and (1) Such additional elements dealing with other subjects which in the judgment of the Board of Commissioners relate to the physical development of the county. Such elements may include,but not be limited to,the subjects of historic preservation, community or rural design,growth management,etc. 1.7.3 Area Plans As part of the Comprehensive Plan,area plans may be prepared which focus on a portion of the County such as a township,a watershed or an interstate highway interchange. Likewise, technical information and/or task force reports prepared as part of a plan element or an area plan may be incorporated as part of the appendix of or as a supplement to the Comprehensive Plan. In preparation and adoption of a plan element,area plan or other similar document,the Board of Commissioners shall ever be mindful of the need to balance the public interest with the needs of private interests,particularly in the conservation of surface and underground water resources,soil resources,and natural growth resources of the county and the efficient use of the renewable and non-renewable sources of energy. SECTIONBOARD OF 1.8.1 Establishment (A) The Orange County Board of Commissioners under the authority of§1 52A-345160D- 302 of the General Statutes of North Carolina,as amended,for the purposes and advantages described herein creates a Board of Adjustment. (B) The Board shall consist of five members and two alternates who shall be residents of Orange County's Planning Jurisdiction. Members shall serve without compensation except for incidental expenses incurred in connection with official duties as approved by the Board of County Commissioners. (C) The Board of County Commissioners may by resolution establish rules related to the requirements for volunteer service on the Board of Adjustment,appointment and removal of Board of Adjustment members,and rules of procedure. 1.8.2 Tenure and Membership (A) Tenure and Membership information is included in the Orange County Advisory Board Policy and the Board ofAdiustment Rules of Procedure,as approved by the Board of County Commissioners."The members shall he appointed by the Beard of GOURty Commissioners for terms of three years. A member whose term has expired shall GGRtinUe tO serve eR the Beard until hisiher respeGtive sYGGesser has been appoin and qualified. 23 Staff is suggesting that all tenure and membership issues be included only in the County's Advisory Board Policy or,in cases where a specific board may vary from the General policy,in the board-specific rules of procedure since these policies were developed several years ago and are a more appropriate place for these types of issues. Orange County,North Carolina—Unified Development Ordinance Page 1-16 19 Article 1: Administration Section 1.8:Board of Adjustment (13) Members'terms shall be staggeFed se that all teFrns will net expire simultaneously. (C) in Gases where an individual is appointed to serve the unexpired portion of a Board mernber's term,the appointment shall be for the time peried of the unexpiFed term en4y and shall not hen rated a Feg-,lar form fnr that m ether A .r. mbar may be a infer!fnr o ands a term but after fide n ni ith terms a rnprnhpr shall be for re ntment ntil Ane nalendar..ear has elapsed frem the dote of nnmpletinn of the serend term (D) AR alt�rnateFnerAver shall enlnnl.7 VGtt8 the abse.n.Geeffa rregulap membeF. 1.8.3 Duties The Board of Adjustment shall have the following duties: (A) Hear, review,and decide appeals of any order requirement,decision,or determination made by the Planning Director in the performance of official duties. (B) Hear and decide applications for the approval of Class ran 24Special Use permit applications in accordance with the rules and conditions laid down in this Ordinance. (C) Hear and decide appeals for variances from the dimensional regulations of this Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance shall be construed to authorize the Board of Adjustment to permit a use in a district where that use is neither a Permitted Use nor a Special Use. (D) Pass upon,decide or determine such other matters as may be required by this Ordinance. 1.8.4 Conflict of Interestz5 (A) A member of the Board of Adjustment shall not vote on any matter before the Board where the outcome of the matter being considered is reasonably likely to have a direct, substantial,and readily identified financial impact on the member. (B) A member of the Board of Adjustment shall not vote on any matter before the Board if the applicant of the matter is a person with whom the member has a close familial, business,or other associational relationship. (C) A member of the Board of Adjustment shall not vote on a quasi-judicial matter in a manner that would violate affected persons'constitutional rights to an impartial decision maker. (1) Impermissible violations of due process include,but are not limited to,a member having a fixed opinion prior to hearing the matter that is not susceptible to changes,undisclosed ex parte communications,a close familial,business,or other associational relationship with an affected person,or a financial interest in the outcome of the matter. 1.8.41.8.5 Rules of Procedure The Board shall adopt Rules of Procedure and Regulations for the conduct of its affairs.The rules shall be maintained in the office of the Planning Director. Except as otherwise expressly stated in this Ordinance,the rules adopted by the Board of Adjustment shall provide for: (A) Selection of officers,specifically a Chair and Vice-Chair,whose term of office shall be one year,with eligibility for re-election. 24 As explained in the footnote in Section 1.3.1,staff is recommending that there will no longer be classes of special use permits(SUP). The Board of Adjustment will be the only board to hear SUP cases;uses that formerly required a Class A SUP will be reviewed as conditional districts. 25 Adoption of conflict of interest standards are now required,pursuant to NCGS 160D-109. Orange County,North Carolina—Unified Development Ordinance Page 1-17 20 Article 1: Administration Section 1.9:Development Advisory Committee (B) Attendance requirements. (C) Establishment of a quorum,which shall be a majority of the appointed members,to allow the Board to conduct business. (D) Establishment of a date and time for a regular meeting. (E) A procedure for calling special meetings as the need of the Board requires. I R 51.8.6 Conduct and Notification of Meetings All meetings of the Board shall be conducted in compliance with: (A) North Carolina General Statutes Chapter 143,Article 33C, (B) This Ordinance The Planning Director shall give notice of Board meetings as provided in NCGS Chapter 143, Article 33C. Notice of meetings shall be given to Board of Adjustment members as provided in the Rules of Procedure adopted by the Board as well as the provisions of this Ordinance. 1 R 61.8.7 Record of Meetings The Planning Director shall keep a record of Board meetings to be maintained as a permanent public record. This record shall include minutes from each meeting including the vote of each member on every question,the Board's findings on required items, recommendations,and a complete summary of the evidence submitted to the Board including all documents,data,and testimony presented. SECTION • ' ADVISORY • 1.9.1 Establishment and Intent (A) Establishment There is hereby established a Development Advisory Committee(DAC)to assist the Planning Department in the execution of its functions with respect to processing applications submitted in accordance with the provisions of this Ordinance. (B) Intent The DAC is an informal advisory committee to allow various entities to review and discuss issues associated with a submitted application in order to assist with the development of a formal recommendation as to the disposition of the request by the Planning Department. 1.9.2 Duties and Responsibilities The Development Advisory Committee has the following duties and responsibilities. The Committee shall: (A) Review proposed text and atlas amendments, Conditional Districts,Special Use Ppermits,rezonings,subdivisions or other similar technical issues that may be referred to the Committee. (B) Review in cooperation with the Planning Director the relationship between the Comprehensive Plan and this Ordinance. (C) Produce,as required,for all County governing bodies and planning boards a report on such proposed text and atlas amendments,Conditional Districts,Special Use Ppermits, rezonings,subdivisions or other similar technical issues that may be referred to the Committee. (D) Render technical advice and recommendations related to this Ordinance and its operation. Orange County,North Carolina—Unified Development Ordinance Page 1-18 21 Article 1: Administration Section 1.10:Floodplain Administrator 1.9.3 Membership The DAC may consist of representatives from: (A) Orange County Planning Department(including Erosion Control, Building Inspections, Floodplain Management,Transportation, Comprehensive Planning,etc.), (B) Orange County Health Department, (C) Orange County Department of Environment,Agriculture, Parks and Recreation, (D) Orange County Economic Development Department, (E) Orange County Emergency Services Department, (F) N.C. DOT District, (G) Town of Chapel Hill, (H) Town of Carrboro, (1) Town of Hillsborough, W) City of Mebane, {J3(K) City and/or County of Durham,26 NLLL_Orange Water and Sewer Authority, P(M) Orange-Alamance Water District, (M}LNLPublic Utilities, "(Natural Resource Conservation Service,and (84(EL_Boards of Education;Orange County and/or Chapel Hill-Carrboro. 1.9.4 Meetings The Planning Director is to convene and chair meetings of the Development Advisory Committee. The minutes of each meeting of the Committee are to be maintained as a separate document in the nature of a public record in the office of the Planning Director. Meetings shall not be open to the public. 1.9.5 Reports The Development Advisory Committee shall prepare its report on a proposed amendment, Special Use permit,rezoning,Conditional Districts,or subdivision on the basis of the petition,if any,and supporting documentation as well as any public plans,studies,or data for inclusion within the official review file of the given project. SECTION 1.10: FLOODPLAIN ADMINISTRATOR 1.10.1 Designation The Planning Director shall be referred to as the"Floodplain Administrator"when administering aspects of this Ordinance related to the Special Flood Hazard Area(SFHA). The Floodplain Administrator shall hereby be appointed to administer and implement the provisions of this Ordinance relating to the development and enforcement of various provisions associated with: (A) Flood damage prevention regulations,and (B) State and Federal regulations concerning floodplain development. 16 Added to reflect Iona-standing courtesy review agreements and areas of mutual planning. Orange County,North Carolina—Unified Development Ordinance Page 1-19 22 ARTICLE 2: PROCEDURES SECTION2.1: D DECISION MAKING AUTHORITY- TABLE The following table provides a brief synopsis of the review and decision-making processes for development applications. TABLE 2.1:REVIEW AND DECISION AUTHORITIES DM=DECISION DEVELOPMENTZONING/DEVELOPMENT EROSION REVIEw RELATED PLANNING CONTROL ADVISORY BOARD OF PLANNING BOCC PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT :..-. •Zoning Compliance Permits Rand DM R R Soil Erosion and Sedimentation Control R and DM Permits Stormwater Management R and DM Plans UDO Text Amendments R R R[1] DM and PH Zoning Atlas R R R[1] DM and Amendments PH DM and E�H } DM aad Special Use Permits R R R ClassB Class A gk# Blass-A Zoning Variances R R DM and ERH Sendltlena�t3se R R ] DM-and P44— Appeals/Interpretations R R DM and EP-H Comprehensive Plan R R[1] DM and Amendments PH Subdivision Related Procedures Exempt R and DM Minor R and DM R R Major R R R R and DM R and [21 1 DM Conditional Use R R R R[1] R,DM, District and PH Appeal NOTES [1] The Planning Board reviews applications and makes a recommendation prior to the public hearing held by the Board of County Commissioners.The Board of County Commissioners may choose to refer an application back to the Planning Board at the conclusion of the public hearing. [2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation on the Preliminary Plat to the BOCC. SECTIONAPPLICATIONS 2.2.1 Authority to File Applications (A) Applications submitted under this Ordinance shall be submitted by the landowner,as identified by the records of the Orange County Tax Office,or their authorized agent. Orange County,North Carolina—Unified Development Ordinance Page 2-1 23 Article 2: Procedures Section 2.2:Applications (B) If the applicant is not the owner,or sole owner,of the land,a notarized letter signed by the owner(s)consenting to the submission of the application shall be submitted along with all required application information and materials. 2.2.2 Timely Processing of Applications The Planning Director, Planning Board, Board of Adjustment,Board of County Commissioners and all other authorized review and decision-making bodies shall make every reasonable effort to process, review,and act on applications in a timely manner,consistent with the need to fully consider the application's proposed impact and ensure that it is consistent with the spirit and intent of the Orange County Comprehensive Plan and otherwise advances the public health, safety,and general welfare. 2.2.3 Burden Of Proof The burden of demonstrating that an application complies with applicable submittal,review,and approval criteria is on the applicant. 2.2.4 Form of Application and Filing Fees (A) Unless a greater number is specified herein for a specific review procedure,three copies of all applications,including required supporting documentation,shall be submitted by the applicant. Applications detailing the submittal requirements for each type of application are available in the Planning Department office. (B) Officials responsible for accepting applications shall maintain a list specifying the materials and information to be submitted with each application filed.The list shall be made available to all applicants and to any other person who requests a copy. (C) The Planning Director is authorized to propose and promulgate administrative regulations, including but not limited to the type and amount of data required for a completed application,in order to implement the provisions of this Ordinance. (D) Applications must be accompanied by the fee amount that has been established by Board of County Commissioners.Application fees are nonrefundable. 2.2.5 Pre-application Conference (A) Prior to submittal of an application for review and approval of a: (1) Non-residential development, (2) Special Use Permit(SUP), (-3) Cord t:on a;-UsesD stricter (4)(31 Conditional Zoning District(CZD), (5)141 Major Subdivision,and/or (6)(51 Minor Subdivisions Utilizing the Flexible Development Option. The applicant shall schedule a pre-application conference with the Planning Department. (B) In preparation for the pre-application conference,the applicant shall submit a sketch plan illustrating the location,size and major design elements of the proposed development no later than five working days prior to the pre-application meeting. (C) The Planning Department may request that representatives of other public agencies be present at the pre-application conference, including,but not limited to: (1) Planning Board, (2) Building Inspections, (3) Health Department, Orange County,North Carolina—Unified Development Ordinance Page 2-2 24 Article 2: Procedures Section 2.3:Comprehensive Plan Amendments 2.2.9 Manner of Review Applications requiring a public hearing shall be reviewed using either a legislative process or a quasi-judicial process as follows: (A) Comprehensive Plan amendments— legislative (B) Special Use Permits—quasi-judicial Comprehensive Application (C) Zoning Atlas and Unified Development Plan Submittal Ordinance amendments—legislative Amendments rni�) r r e ei i stront F8ZGR*^g Text Future Land Use Map (€3LDLConditional Zeniag District(GZD)- legislative Post Sign/Mail Notice for SECTION • Planning Board Meeting AMENDMENTS and Public Hearing 2.3.1 Review and Approval Flow Chart The review and approval process for Comprehensive Development Advisory Plan Amendments is shown in the procedure's Committee Meeting flowchart. 2.3.2 Generally Staff Recommendation to (A) The Comprehensive Plan shall be so Planning Board prepared that all or individual elements and parts thereof may be adopted and/or amended by the Board of Commissioners. Planning Board Review (B) For the purpose of establishing and and Recommendation maintaining sound,stable,and desirable development within Orange County,the Comprehensive Plan or portion thereof shall not be amended except as follows: Publish Legal Ad (1) Because of changed or changing (Both Amendment Types) conditions in a particular area or areas of the County; (2) To correct an error or omission;or Staff and Planning Board (3) In response to a change in the Recommendation to BOCC policies,objectives,principles or standards governing the physical development of the County. Public Hearing 2.3.3 Initiation of Amendments (A) An amendment to the Comprehensive Plan or portion thereof may be initiated by: BOCC Decision (1) The Board of Commissioners on its own motion; (2) The Planning Board; Note: This chart is meant as a graphical representation of the UDO text;the text shall take priority in any conflict or ambiguity. Orange County,North Carolina—Unified Development Ordinance Page 2-4 25 Article 2: Procedures Section 2.3:Comprehensive Plan Amendments (3) Application,by any person or agency,which accurately and completely sets forth the reason(s)for the proposed amendment as prescribed in Section 2.3.2(B);or (4) The Planning Director. (B) Once initiated,all amendments shall be referred to the Planning Board. 2.3.4 Public Hearing Required A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment. The Board of County Commissioners shall hear applications and receive public comment for proposed Comprehensive Plan amendments in a Public Hearing. 2.3.5 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notice of Planning Board meetings at which the Planning Board is to review and make a recommendation on Future Land Use Map amendments and Public Hearings at which an amendment to the Future Land Use Map is to be reviewed. Notifications of proposed Future Land Use Map amendments shall occur as follows: (1) Notice of the Planning Board meeting and public hearing shall be posted on the affected parcel or on an adjacent public right of way a minimum of ten days, ut not more than 25 days,27 prior to the Planning Board meeting.Said notice shall contain the time and location of both the Planning Board meeting and public hearing. (a) When multiple parcels are affected,a posting on each individual parcel is not required,but sufficient notices shall be posted to provide reasonable notice to interested persons. (2) Written notice of the Planning Board meeting and public hearing shall be sent by first-class mail to all property owners,as listed in the Orange County tax records, whose property is affected or within one thousand feet of the affected parcel(s). Said notice shall be mailed at least ten days but not more than 25 days,prior to the date of the Planning Board meeting and shall include the times and locations of both the Planning Board meeting and public hearing.The outside of the envelope or postcard shall be marked"Notice of Public Hearing." (a) Alternative option to mailed notice for large-scale Future Land Use Map amendments shall be as follows:— The first class mail notice required by subsection(2)shall not be required if a Future Land Use Map amendment proposes to change the land use classification of more than 50 properties,owned by at least 50 different property owners,and Orange County elects to use the expanded public notice described as follows: (i) An advertisement published as described in(C)below,provided that the advertisement is not less than one-half of a newspaper page in size. 27 Comprehensive Plan(CP)amendments are required to follow the same notification process as zoning text amendments(NCGS 160D-501(c)),namely newspaper legal ads;this is true for both CP text and map amendments. However,Orange County has a long tradition of providing mailed notification to property owners in the vicinity of a Future Land Use Map amendment so staff is recommending the notification timeframe follow the same timeframe as zoning map amendments. 28 State Statutes have long allowed for an alternative method of public notice for large-scale rezonings but Orange County's regulations have not included the option. Staff is recommending that the alternative option be included in the regulations,particularly for Future Land Use Map amendments which do not require mailed notice under State statutes. Orange County,North Carolina—Unified Development Ordinance Page 2-5 26 Article 2: Procedures Section 2.3:Comprehensive Plan Amendments (ii) The advertisement shall be effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners that reside outside of the newspaper circulation area,according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection(2). (B) The Planning Director shall provide public notice for any Comprehensive Plan amendment to be heard at a Public Hearing.The notice shall include the time and location of the public hearing. (C) For all proposed amendments,notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County,stating the time and place of such hearing and the substance of the proposed amendment. (1) This notice shall appear in said newspaper once a week29 for two consecutive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (2) The"'�ninimmcm-rm published rr-rcc of th Lv n"orroatine shall be 25?qun.e0nnhtis 30 2.3.6 Consideration of Amendments (A) A proposed amendment may be considered in conjunction with a rezoning request for the same property. 2.3.7 Application Requirements (A) Generally (1) All applications for amendments to the Comprehensive Plan shall be submitted on forms supplied by the Planning Department and shall be signed. (2) Three copies of the application shall be submitted to the Planning Director. (3) Before accepting any amendment application,the Planning Director shall ensure that it contains all required information,as specified in this Ordinance. Applications which are not complete,or otherwise do not comply with the provisions of this Ordinance,shall not be accepted by the Planning Director,but shall be returned to the applicant,with a notation by the Planning Director of the deficiencies in the application. (B) Contents of Application Applications for amendments to the Comprehensive Plan,without limiting the right to file additional material,shall contain at least the following: (1) For amendments to the Future Land Use Map within the Land Use Element,a map at a legible scale adequately illustrating the land which would be covered by the proposed map amendment,and a complete list of Property Identification Numbers(PIN)for the properties; (2) For amendments to the Comprehensive Plan text,a copy of the existing text provision(s)which the applicant proposes for amendment,and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Ordinance;and 29 Clarification on number of times a notice is published. 30 This minimum size is not required by statutes and staff is recommending its removal. As a point of fact,the amount of text included in the published legal ad precludes a notice less than 25 square inches in size. Orange County,North Carolina—Unified Development Ordinance Page 2-6 27 Article 2: Procedures Section 2.4:Zoning Compliance Permits elements associated with obtaining a Zoning Compliance,Erosion Control,and Stormwater permit as detailed herein. (2) Interior renovation or repair of an existing structure,provided the use of the lot and/or structure has not changed. (C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for the construction,moving,alteration,or repair,except ordinary repairs,of any building or other structure,including an accessory structure. The Zoning Compliance Permit shall include a determination that plans,specifications and the intended use of the structure conforms to the provisions of this Ordinance. (D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of occupancy of any building,or to expand any use on any lot on which there is a non- conforming use.The Zoning Compliance Permit shall include a determination that the proposed use conforms to the provisions of this Ordinance. 2.4.2 Requirements and Conditions (A) In cases where the development and/or commencement of a land use requires the issuance of a Special Use or a GenditiGRal I Permit,a Zoning Compliance Permit shall not be issued until the aforementioned permit has been issued by the;bible hAardBoard of Adjustment in accordance with the review and approval procedures detailed herein. (B) Issuance of a Special Use Permit does not negate the requirement for a Zoning Compliance Permit. (C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and complete construction or change the use/occupancy of a lot or building should regulations change subsequent to issuance of said permit. (D) Application for Zoning Compliance Permit shall specify the method of disposal of trees, limbs,stumps and construction debris associated with the permitted activity.Open burning of trees,limbs,stumps,and/or construction debris associated with the permitted activity is expressly prohibited. (E) No building,structure,or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Building Inspector has,after final inspection, issued a Certificate of Occupancy indicating compliance with all the provisions of this Ordinance. (F) No building,structure,or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Orange County Health Department has approved the water supply and sewage disposal systems serving that use. (G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water supply and sewage disposal system by the Health Department shall in no case be construed as waiving any provision of this Ordinance. (H) Zoning Compliance Permits shall become null and void after 18 months from the date of issuance if a building permit is not applied for or land disturbing activities are not commenced in accordance with the provisions of this Ordinance. 2.4.3 Plot Plan Specifications (A) For development types requiring a plot plan rather than a site plan,the plot plan shall contain the following: (1) A scaled drawing denoting the length of all property lines, (2) A north arrow denoting the orientation of the lot and all proposed structures, (3) The location of all existing structures,driveways,and areas of impervious surface, Orange County,North Carolina—Unified Development Ordinance Page 2-8 28 Article 2: Procedures Section 2.5:Site Plan Review (4) The location of the proposed Site Plan structure(s)and distances from all property lines, Application (5) The location of the proposed Submittal driveway, (6) The location of the proposed septic system and proposed drain lines on Determination of Completeness the property, By Planning Director (7) The location of the proposed well, and Completed Application (8) The location of any protected Distributed to Applicable features on the property(i.e.stream Agencies,Development Advisory buffers,flood plain,wetlands,etc), Committee,and Other and Departments for Review (9) The location and dimensions of proposed parking areas. (B) Base plot plans are available from the Planning Department and can be printed Planning Director Review and!ia' for a fee in accordance with the Decision:Approval,Approval h established fee schedule. Applicants may Conditions,or Denial[1] also use other sources of base plot plans provided the requirements of this Section are met. [1] If Plan is approved with conditions,no (1) Planning staff is available to zoning permit authorization or building discuss compliance matters but permit issued until conditions satisfied shall not complete plot plans. SECTION 2.5.1 Review and Approval Flow Chart. The review and approval process for a Site Plan is shown in the procedure's flowchart. 2.5.2 Application Requirements (A) Each site plan shall be prepared and sealed by an appropriately licensed professional. The following are exempt from this requirement but must provide a plot plan pursuant to Section 2.4.3: (1) Proposed additions to existing permitted non-residential structures where the use of the structure and lot has not changed and the floor area is not increased more than 25%. (2) Accessory structures to existing permitted non-residential structures where vehicular use area is not extended and changes to existing grade are not more than one foot in elevation. (3) Large day Gare he mes s.dofiRed iR AFtiG1e 10 DefinitiensCenter in a Residence.31. 31 Although not related to"1601)"revisions,this use type was renamed in a 2019 amendment but was missed for revision in this section. Staff recommends correcting the term at this time. Orange County,North Carolina—Unified Development Ordinance Page 2-9 29 Article 2: Procedures Section 2.5:Site Plan Review (4) Rural Guest Establishments with th Fee i r.otmems eF Inc. Bed 9_ Breakfasts-Short Term Rental—Host Occupied32. (5) Cooperative Farm Stand. (6) Rural Special Events. (7) Non-Farm Use of Farm Equipment. (B) The applicant shall submit to the Planning and Inspections Department: (1) Three copies of the site plan prepared in accordance with the provisions detailed in this Section. Additional copies may be required depending on the nature and location of the proposed development);. (2) The completed site plan application form; (3) A copy of the Orange County tax map with the subject property identified; (4) Legal documentation,to be approved by the County Attorney,establishing entities responsible for control over common areas and facilities. (5) Three copies of the Environmental Assessment and/or Environmental Impact Statement,if required under Section 6.16 of this Ordinance. (6) A statement regarding the method of disposal of trees, limbs,stumps and construction debris associated with the permitted activity. Open burning of trees, limbs,stumps,and/or construction debris associated with the permitted activity is expressly prohibited. (C) Other items which should be submitted simultaneously, but are not required as part of the site plan application are: (1) Erosion control and grading plans as necessary to be approved by the Erosion Control Officer for a grading permit,and (2) Stormwater management plans as necessary to be approved by the Erosion Control Officer prior to the issuance of a Zoning Compliance Permit,and (3) Building construction plans to be approved by the Building Official prior to issuance of a building permit. 2.5.3 Plan Specifications Each site plan shall be drawn at a scale adequate to show required detail and shall contain the following information: (A) The boundary of the lot(s)to be developed labeled with bearings and distances; (B) The name,address,and phone number of the applicant and the property owner; (C) Name of project,vicinity map, north arrow,scale,tax map reference number,date of plan preparation,and subsequent revision dates; (D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land uses; (E) Adjacent right-of-way widths with road names and numbers; (F) A development summary including total acres,proposed use(s),total building square footage,required and proposed parking spaces. (G) Demonstrated compliance with all applicable performance standards contained in Articles 3,4,5,and 6 of this Ordinance; 32 Although not related to"1601)"revisions,this use type was renamed in a 2019 amendment but was missed for revision in this section. Staff recommends correcting the term at this time. Orange County,North Carolina—Unified Development Ordinance Page 2-10 30 Article 2: Procedures Section 2.5:Site Plan Review (a) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (b) For purposes of this subsection,agricultural support enterprise uses shall be defined as those permitted in the ASE-GZ-CD zoning district,as detailed within Section 5.2-.333 of this Ordinance. (D) The Planning Director shall review the plan(s)based on,but not limited to,the following general criteria: (1) Compliance with all applicable County ordinances; (2) Extent and intensity of impacts to the surrounding area; (3) Respect for existing site conditions,including slope,vegetation,drainage patterns,etc.; (4) Efficient use of the land to minimize disturbance and grading and to conserve energy; (5) Safe and efficient vehicular and pedestrian circulation; (6) Logical placement of structures and other site functions; (7) No open burning of trees,limbs,stumps and construction debris associated with the permitted activity;and (8) Compliance with any previously issued Special Use or Conditional Use Permit(s) is permit type no lender issued a of januaFy 1 2021)associated with the project. (E) Following review of the site plan,the Planning Director shall take final action on the application within 21 days of acceptance of a complete application. Final action shall be one of the following: (1) Approval, (2) Approval with conditions,or (3) Denial. Failure to meet the criteria for site plan approval listed herein,and/or to address all review comments solicited during plan review,will result in denial of the application. (F) If a plan is approved with conditions,no zoning authorization allowing land disturbing activity or subsequent building permit shall be issued until all conditions of approval have been met to the satisfaction of Orange County. (G) Site plan approval and the issuance of a Zoning Compliance Permit does not establish a vested right to develop the property should zoning regulations change subsequent to plan approval. 2.5.5 Vesting of Site Plan34 (A) At the option of the Applicant,a site plan may be vested for a period of not less than two nor more than five years. Multi-phased developments,as defined in NCGS 160D- 108,shall be vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. (B) To become vested,a site specific devTvestinp plan must be approved by the Board of County Commissioners as a SpeGiai Use PeFrni+ ; -AnGe with Sef#i :2 7 of th4,;Ord;.,,nGethrough either the normal project approval process if the Board of County Commissioners is the approval authority,or,in the case the Board of County 33 Correct a section referenced missed in a 2019 amendment. 34 The revisions in this section are necessary based on changes made to state statutes in Section 160D-108. Orange County,North Carolina—Unified Development Ordinance Page 2-12 31 Article 2: Procedures Section 2.5:Site Plan Review Commissioners is not the normal approval authority,by the Board of County Commissioners after a legislative hearing. (1) Said legislative hearing shall follow the public notification procedures set forth in Section 2.8.7 (2) The Board of County Commissioners may approve the site specific vesting plan with such terms and conditions as may reasonably be necessary to protect the public health,safety,and welfare. Such conditional approval shall result in a vested right. Failure to abide by such terms and conditions shall result in a forfeiture of vested rights. (A)Lg_An approved site specific^'ev westing plan shall contain the following statement:"Approval of this plan establishes a zoning vested right under G-.S-.NCGS 153A-244^4 1160D-108. Unless terminated at an earlier date,the zoning right shall be valid until (E}LDLThe site specific devrrvesting plan for a project which requires the preparation of an Environmental Impact Statement(EIS)in accordance with Section 6.16 of this Ordinance shall not be approved until the EIS has been made available for public review,and has been presented to the Board of County Commissioners in accordance with Section 2.23 of this Ordinance. 2.5.6 Guarantee of Improvements (A) If a guarantee of improvements is required as a condition of site plan approval,the applicant shall provide Orange County with a security bond,escrow agreement,or irrevocable letter of credit by an approved institution. (B) The guarantee shall be effective for 12 months and shall include the cost of the improvements plus 10%. (C) Prior to issuance of any site plan approval,the guarantee shall be approved by the County Attorney. (D) If a guarantee is not submitted,the developer must install all required improvements to the satisfaction of the County prior to issuance of the zoning compliance permit. 2.5.7 Additional Requirements for Overlay Districts (A) Efland-Cheeks Highway 70 Corridor Overlay District (1) Approval Requirements Within the Efland-Cheeks Highway 70 Corridor Overlay District(ECOD), no construction activity shall begin nor shall any conversion of existing single-family residence to a non-residential land use,excavation,soil removal,grading or disturbance of vegetation including trees,land disturbing activity associated with a non-residential land use,be commenced,nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (B) Efland Interstate Overlay District (1) Approval Requirements Within the Efland Interstate Overlay District,no construction activity shall begin nor shall any excavation,soil removal,filling,grading or disturbance of vegetation,including trees, be commenced,nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (C) Efland Village Overlay District Orange County,North Carolina—Unified Development Ordinance Page 2-13 32 Article 2: Procedures Section 2.6:Floodplain Development application Permit and Certificate Requirements (1) Approval Requirements Within the Efland Village Overlay District,no construction activity shall begin nor shall any excavation,soil removal,filling,grading or disturbance of vegetation, including trees,be commenced,nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (D) Major Transportation Corridor Overlay District (1) Approval Requirements Within the Major Transportation Corridor District,no construction activity shall begin nor shall any excavation,soil removal,filling,grading or disturbance of vegetation,including trees,be commenced,nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. 2.5.8 Additional Requirements for Economic Development Districts (A) Prior to submission of an application for site plan approval,applicants shall meet with representatives of the Planning and Inspections,and Economic Development Departments to identify policies,procedures,regulations,and fees applicable to development proposals. (B) Any proposed subdivision in an Economic Development District shall follow the approval procedures as specified in Section 2.16. (C) In addition to the submittal requirements contained in this Section,a complete application shall also include: (1) Building elevation drawings for each proposed structure;and (2) A minimum of two drawings of sections through the site illustrating existing and proposed grades,as well as the relationship of different site features. SECTION • •D• • • APPLICATION REQUIREMENTSCERTIFICATE 2.6.1 Requirements for Special Flood Hazard Area (A) All projects proposing the development of property located within a Special Flood Hazard Area(SFPA)shall be required,regardless of the proposed land use,to submit a site plan prepared by a registered engineer,landscape architect,or land surveyor in accordance with the provisions of Section 2.5. (B) (A�Flood damage prevention regulations contained herein shall apply to all Special Flood Hazard Areas within the jurisdiction of Orange County,including properties located within the Extra-Territorial Jurisdictions(ETJs)of local municipalities used for bona fide farm purposes in accordance with Dart 1, A.+i..ie ,o of Chapter 160ASections 160D-201 and 160D-202 of the North Carolina General Statutes. 2.6.2 Plans and Application Requirements Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by the Planning Department prior to any development activities proposed to be located within flood prone areas. The following items/information shall be presented to the Floodplain Administrator to apply for a floodplain development permit: Orange County,North Carolina—Unified Development Ordinance Page 2-14 33 Article 2: Procedures Section 2.6:Floodplain Development application Permit and Certificate Requirements (A) A plot plan drawn to scale which shall include, but shall not be limited to,the following specific details of the proposed floodplain development: (1) The nature, location,dimensions,and elevations of the area of development/disturbance;existing and proposed structures,driveways,utility systems,grading/pavement areas,fill materials,storage areas,drainage facilities,and other development; (2) The boundary of the SFHA as delineated on the FIRM or other flood map as determined in Section 1.1.3 of this Ordinance or a statement that the entire lot is within the SFHA; (3) Flood zone(s)designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 1.1.3 of this Ordinance; (4) The boundary of the floodway(s)or non-encroachment area(s)as determined in Section Spetonn 1.1.3 of this Ordinance; (5) The Base Flood Elevation(BFE)where provided as set forth in Section(s)1.1.3, 1.10.2,and 6.21; (6) The old and new location of any watercourse that will be altered or relocated as a result of proposed development;and (7) Preparation of the plot plan by or under the direct supervision of a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (B) Proposed elevation,and method thereof,of all development within a SFHA including but not limited to: (1) Elevation in relation to NAVD 1988 of the proposed reference level(including basement)of all structures; (2) Elevation in relation to NAVD 1988 to which any non-residential structure in Zone AE will be flood-proofed;and (3) Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or flood proofed. (C) If flood-proofing,a flood-proofing35 certificate(FEMA Form 086-0-34)with supporting data,an operational plan,and an inspection and maintenance plan that includes, but is not limited to, installation,exercise,and maintenance of floodproofing measures completed by a registered professional engineer or architect shall be required certifying that the non-residential flood proofed development will meet the flood-proofing criteria in Section 6.21. (D) A Foundation Plan drawn to scale,which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to: (1) Proposed method of elevation,if applicable(i.e.,fill,solid foundation perimeter wall,solid backfilled foundation,open foundation on columns/posts/piers/piles/shear wall);and (2) Openings to facilitate equalization of hydrostatic flood forces on walls according to Section 6.21(B),when solid foundation perimeter walls are used in Zones. (E) Usage details of any enclosed space below the regulatory flood protection elevation. (F) Plans and/or details for the protection of public utilities and facilities such as sewer, gas,electrical,and water systems to be located and constructed to minimize flood damage; ss Conforming language to how it is used by FEMA. Orange County,North Carolina—Unified Development Ordinance Page 2-15 34 Article 2: Procedures Section 2.6:Floodplain Development application Permit and Certificate Requirements (G) Copy of all other Local,State and Federal permits required prior to floodplain development permit issuance(i.e.Wetlands, Erosion and Sedimentation Control, Riparian Buffers, Mining,etc.); (H) If the application is for placement of recreational vehicles and/or temporary structures, documentation to ensure compliance with Section 6.21(13)(5)and(7)of this Ordinance. (1) If a watercourse is proposed to be altered and/or relocated,a description of the extent of watercourse alteration or relocation,an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream;and a map,drawn to scale,(if not shown on plot plan)showing the location of the proposed watercourse alteration or relocation. 2.6.3 Data Requirement The following information shall be provided at a minimum on the Floodplain development permit to ensure compliance with this Ordinance. (A) A complete description of all the development to be permitted under the floodplain development permit(e.g.house,garage, pool,septic, bulkhead,cabana, pier,bridge, mining,dredging,filling,grading,paving,excavation or drilling operations,or storage of equipment or materials,etc.). (B) The SFHA determination for the proposed development per available data specified in Section 1.1.3 of this Ordinance. (C) The regulatory flood protection elevation required for the reference level and all attendant utilities. (D) The regulatory flood protection elevation required for the protection of all public utilities. (E) All certification submittal requirements with timelines. (F) A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse,if applicable. (G) If in an AE zone,specify the minimum foundation opening requirements. (H) State limitations of below BFE enclosure uses(if applicable)such as,parking, building access and limited storage only). (1) O+W36A statement indicating that all materials below BFE and/or Regulatory Flood Protection Elevation(RFPE)must be flood resistant materials. 2.6.4 Certification Requirements (A) An Elevation Certificate(FEMA Form 086-0-33) (1) Is required within 7 calendar days of establishment of the reference level elevation, (2) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level,or flood proofing elevation, whichever is applicable, in relation to NAVD 1988. (a) Said certification shall be prepared by,or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (b) Any work done within the 7 day calendar period and before submission of the certification shall be at the permit holder's risk. 3s Correcting an existing typographical error. Orange County,North Carolina—Unified Development Ordinance Page 2-16 35 Article 2: Procedures Section 2.6:Floodplain Development application Permit and Certificate Requirements (3) The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and before further work being permitted to proceed. (4) Failure to submit the certification or failure to make required corrections shall be cause to deny the floodplain development permit and/or issue a stop-work order for the project. (5) A final Finished Construction Elevation Certificate(FEMA Form 086-0-33)is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. (a) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. (i) Elevation certification shall be prepared by,or under the direct supervision of,a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same. (b) The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. (c) In some instances,another certification may be required to certify corrected as-built construction. (d) Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (e) The Finished Construction Elevation Certificate certifier shall provide at least 2 photographs showing the front and rear of the building taken within 90 days from the date of certification.The photographs must be taken with views confirming the building description and diagram number provided within the Finished Construction Elevation Certificate.These photographs should show the entire building,including foundation. If the building has split-level or multi-level areas,provide at least 2 additional photographs showing side views of the building. In addition,when applicable,provide a photograph of the foundation showing a representative example of the flood openings or vents.All photographs must be in color and measure at least 3"x 3". Digital photographs are acceptable (B) Floodproofing Certificate(FEMA Form 086-0-34) (1) In those instances where non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements,a Floodproofing Certificate (FEMA Form 086-0-34)with supporting data,an operational plan,and an inspection and maintenance plan are required prior to the actual start of any new construction. (2) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities,in relation to NAVD 1988 (a) Floodproofing certification shall be prepared by,or under the direct supervision of,a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same and shall be accompanied by all documentation as detailed in Section 2.6.2 of this Ordinance. Orange County,North Carolina—Unified Development Ordinance Page 2-17 36 Article 2: Procedures Section 2.7:Special Use Permits (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage;and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required (F) Certification Exemptions The following structures,if located within Zone AE,are exempt from the elevation/flood proofing certification requirements specified in items(A)and(B)above: (1) Recreational vehicles meeting requirements of Section 6.21(B)(5); (2) Temporary structures meeting requirements of Section 6.21(B)(7);and (3) Accessory Structures with any dimension that is 12 feet or greater in height, width,or depth,meeting requirements of Section 6.21(B)(8). SECTION 2.7.1 Generally (A) Any use or development designated by applicable zoning district regulations contained within Article 5 as a special use,or as allowed only pursuant to a special use permit (eittie,-Class o r Class n) 37may be established in that district only after the use or development is authorized by a validly issued and recorded special use permit. 37 As footnoted in Article 1,staff is recommending that Special Use Permits(quasi-judicial process)be heard onlv by the Board of Adjustment. Former Class A SUP uses(formerly heard by the BOCC)have been revised to be allowed in a conditional district,reviewed/approved by the BOCC through a legislative process. Orange County,North Carolina—Unified Development Ordinance Page 2-19 37 Special Use Application Permit Submittal (B) This section sets forth required review and Staff Review/ approval procedures for submittal,review,and Analysis Begins approval of applications for a special use permit. (C) A special use permit authorizes its holder to use or develop a particular Class B-SUP:Schedule rlav; A VIP-Schedule NIM, parcel of land in a NIM,DAC&Board of , ,,,,rd .,ee#iro particular way,as specified Adjustment quasi- by the terms and judicial hearing BGGC quasi judicial hearing conditions of the special use permit. Post Sign&Mail Notice to (D) A special use permit imposes on its holder the Post Sign&Mail Neighborhood Information responsibility of ensuring Notice for Meeting(NIM) o Planning that the authorized use or Neighborhood Board meeting development continues to Information comply with the terms and Meeting(NIM) conditions of approval. NeighborhGGd (E) Issuance of a special use lnfnrmci+inn AAeeting permit does not relieve the holder of the special use Neighborhood permit of the additional Information DevelopmAn responsibility of obtaining a Meeting Advisory building permit or any other Committee mittee(DAC) permit or approval required Meeting by any other applicable Development law. Advisory 2.7.2 Review and Approval Flow Chart Committee(DAC) Planning Board-for Meeting The review and approval process for review and Special Use Permits is shown in the Duhl'ehIe r.l AiJ_ recommendation procedure's flowchart. Post Sign&Mail 2.7.3 Application Requirements Notice for Public pp q Evidentiary Hearing Publish Legal Ad,oes (A) Applications for a Special Sign&Me"Notice for Use shall be submitted on Public Ne...l g forms provided by the Planning Department in BOA holds quasi- accordance with Section judicial hearing 2.2 of this Ordinance. judicial hearing-GI, (B) Applications shall include: Public,eGri,ng (1) Afull and accurate Board of description of the Adjustment proposed use, decision including its location, appearance,and operational Note: This chart is meant as a graphical representation of the characteristics. UDO text;the text shall take priority in any conflict or ambiguity. (2) The name(s)and address(es)of the owner(s)of the property involved. Orange County,North Carolina—Unified Development Ordinance Page 2-20 38 Article 2: Procedures Section 2.7:Special Use Permits (3) Relevant information needed to show compliance with the general and specific standards governing the Special Use(See Articles 5 and 6). (4) For Class A SpeGial Uses 26 Gopies of the site plan,and for Class B SpeGial I Ises 19Ten copies of the site plan,prepared by a registered North Carolina land surveyor,landscape architect,architect,or engineer,which shall contain the information listed in Section 2.5. (5) if the appli atiG. iRVGIves a Prel Mina,y Subdi iGiGR Plat,26 GGpies of the Plat prepared in nr.Janne..dth Ses+inn 7.14 shall heprovided.38 WJq A list of all parcels located within_5QG-1, 00039 feet of the subject parcel and the name and address of each property owner,as currently listed in the Orange County tax records. M(61 Elevations of all structures proposed to be used in the development. (8)(71 For Class A SpeGial Uses 26 Gopies and for Class B SpeGial Uses 1GTen copies of the Environmental Assessment and/or Environmental Impact Statement,if required by Section 6.16. (9)(81 Method of disposal of trees,limbs,stumps and construction debris associated with the permitted activity,which shall be by some method other than open burning. (a8)ILStatement from the applicant indicating the anticipated development schedule for the build-out of the project. (t-l-)(101Statement from the applicant in justification of any request for vesting for a period of more than two years(five years maximum or up to seven years for multi-phase developments,as defined in Article 10). 2.7.4 Staff Review (A) The Planning Director shall cause an analysis to be made of the application by qualified representatives of the County and other agencies or officials as appropriate. (1) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification,as depicted on the Future Land Use Map of the adopted Comprehensive Plan,shall be forwarded to the County's Agricultural Preservation Board for review and comment. (a) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (b) For purposes of this subsection,agricultural support enterprise uses shall be defined as those permitted in the ASE-GZ-CD zoning district,as detailed within Section 5.2,340 of this Ordinance. (B) The Planning Director shall submit the analysis to the avant of G^„n'„Gernmissieners and the Planning Beard iR the Gase of Class A Cnesial Uses, r the Board of Adjustment,in the Gase of Class a ene,.ial Uses. (C) The appropriate Board of Adjustment re•^e,_^ne the applicatien shall receive and enter the analysis into evidence during the pub4_evidentiary41 hearing. The analysis shall 38 Subdivisions that were formerly approved through a Class A SUP will be reviewed legislatively through a conditional district process. 39 Revision to reflect notification requirements in Sections 2.7.5 and 2.7.6. 40 Correct Section reference that should have been part of amendments made in 2019. 41 160D now uses the term"evidentiary hearing"to be more clear about what type of hearing is necessary for SUPS. Orange County,North Carolina-Unified Development Ordinance Page 2-21 39 Article 2: Procedures Section 2.7:Special Use Permits be subject to examination by all interested parties and the Planning Director shall be subject to cross-examination regarding the analysis. 2.7.5 Neighborhood Information Meeting (A) Before an Aerie Evidentiary Hearing may be held for a Special Use the applicant is required to schedule a minimum of one neighborhood information meeting.The purpose of the meeting is to obtain surrounding property owner input and comments on the proposed development project and allow staff an opportunity to explain the review process associated with the request. (B) The applicant shall obtain property owner mailing address information from the Orange County Planning Department,which shall utilize Orange County Land Records data, and shall mail notices of the meeting date and time via first class mail to each property owner within one thousand feet of the property for which a Special Use has been requested. (C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14 days prior to the date of the meeting. (D) The applicant shall post a sign on the property advertising the date, place,and time of the meeting a minimum of 10 days prior to the date of the meeting. (E) The meeting shall be held a minimum of 45 days prior to the date of the Evidentiary Hearing.: 0) days pFieF to the datee BE)aFd FneeNr+g where the appliGati sgher6 feel for review(Class A Special Use Permit a nliga+ions\ (2) n days prie to the date of the p„h�i uear;;g(Glass 6 Spesial of Ise Fermi appliGatiens�. (F) Neighborhood information meetings for telecommunication facilities shall be held in accordance with the provisions of Section 5.10.8(B)(2). 2.7.6 Notice Requirements for C1�� ^^Special Use Permits (A`) The Plo�nning DireGtGch, n�o+ireef the date,time and plaGeef+he D en.,inS Board meeting at which the Planning Board is scheduled to review a Special Use Permit appliGatioi4, 0\ Written shall be sent by first Glass a•I to a erty owners not c�� by �-mp.��o a.�adjacent�prop less than ten days hefere the Planning Board meeting!late. Adjacent n erty pFoparty anal�Afhese n nrl adwresses a en+ly listed in the(!range G9 IRty tax reAprds The A,i+sble of the a .elope OF os+gard shall he Marked "Notice of Planning Board Meeting." `2) The PlaRning D'reetGF Shall PO?+�+he 2neGted PFOP84 A RAtigeAf the PI s Board meeting at least ten days prior to the date of said rnee4n�. ( ) NEAGee may be GGmbined yii+hag+iAe of the Neighherheed Information Mee#+-- Fequireel in Cention 7 7 5 (B)(A�_The Planning Director shall give notice of the date,time and place of the public hea&gEvidentiary Hearing to be held to receive evidence in the form of testimony and exhibits pertaining to the application for a Special Use. (1) Written notice shall be sent by first class mail to all adjacent property owners at least ten days but not more than 25 days before the hearing date.Adjacent property owners are those whose property lies within one thousand feet of the affected property and whose names and addresses are currently listed in the Orange County tax records.The outside of the envelope or postcard shall be marked"Notice of PubliGEvidentiary Hearing." Orange County,North Carolina—Unified Development Ordinance Page 2-22 40 Article 2: Procedures Section 2.7:Special Use Permits (2) The Planning Director shall post on the affected property a notice of the p41444G Evidentiary#Hearing at least ten days but not more than 25 days prior to the date of said hearing. (33) N GtiGG of the „hliG heaFiRg shall be published R a RewspapeF Of ger+eral norr-,Jofinn in ll.onno!`G,,..+..nn..o 0 oL fn.+ - s weeks,with the first nAtoro+n he Published not loss than+on daysa than 25 days prior+n the date of the hearing. in computing the notice period,the day f publication is 42 to be iRGIuded, but the day of the heaFing is to be ORGluded. Nintanp ReqUiFGFRGRt6 fGF Class 6 SPGGial Use Permits shall fellow the praGed,ires in Sention �z 12-.6. 2:7.82.7.7 Nature of Proceedings (A) The review of Special Use Permit applications shall be conducted during an Evidentiary pub44G441-learing by the deGiGinn_.r.akinn beard (B) The review of a Special Use Permit application is a quasi-judicial process,where the Board of Adjustment acts much like a panel of judges.The Board hears factual evidence and sworn testimony presented at an evidentiary hearing,and then makes findings of fact supported by competent, substantial,and material evidence. (B)QC) The applicant,Orange County staff,and any person who would have standing to appeal the decision under NCGS 160D-1402 shall have the right to participate as a party at the Evidentiary Hearing. l (gLDLThe chair or presiding officer of the hearing shall swear all parties intending to present evidence or testimony during the Evidentiary hHearing. (D)(ELThe chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application,to ensure fair and orderly proceedings,and to otherwise promote the efficient and effective gathering of evidence.Such actions may include: (1) Barring the presentation of obvious hearsay evidence, (2) Barring the presentation of non-expert opinion, (3) Interrupting digressions into immaterial testimony, (4) Interrupting repetitive testimony, (5) Reasonably limiting the time allotted each witness or cross-examination, (6) Providing for the selection of spokespersons to represent groups of persons with common interests, (7) Interrupting personal attacks,and/or (8) Ordering an end to disorderly conduct. (PLELWhere the Board finds compliance with the general standards,specific rules governing the specific use,and that the use complies with all required regulations and standards, 42 Staff is suggesting the discontinuation of advertising SUP hearings in the newspaper because only the testimony of persons with legal standing may be considered in quasi-judicial proceedings. The County's mailed notification boundary of 1,000 feet already far exceeds statutory requirements(which require mailings to only abutting Property owners)and it is questionable as to whether any party other than abutting property owners has legal standing in quasi-judicial proceedings.. 43 Recommended addition to be clear on which parties definitely have the right to participate in an Evidentiary Hearing,per 160D-406. Orange County,North Carolina—Unified Development Ordinance Page 2-23 41 Article 2: Procedures Section 2.7:Special Use Permits the application must be approved unless the Board shall also find,in some specific manner,that: (1) the use will not maintain or promote the public health,safety and general welfare,if located where proposed and developed and operated according to the plan as submitted. (F)(G_Those opposing approval of the application on the grounds that the use will not promote the public health,safety and general welfare shall have the burden of establishing,by competent material and substantial evidence,the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 2J-.92.7.8 Review and Decision (^A) FeF Class ASpesial Use Permits,to following shall apply: /`1)All applications shall be referred to the Planning Board for review and FeGE)Mmendat'en after the Neighborhood InfoFmation Meeting but prieF to the iihlin hearing (2) The Planning BE)aFd shall make a FeGemmendatien and propesed findings of faot n then nlinafinn iRGlWdiRg the findings required in Sention G Z 2 of this Ordinance The Planning Beard's antion o nlinatinn shall he o of the r-ra�rvrmm�oovrvTa feRewing (a) ReGoFnM8Rd appFeval based OR prepesed fdin9s of fast /h�) lesA;,.^,ead Qenlal based esed fiin9s�f fan+ /nl) Reno end a aal based OR prepeesed f RdiRggG Af fart h,h..with SPGnifie.d nenrtitions (3) Should the P'aRR'Rg Beard fail tA make a mr;Ammendatien prier to the publiG hearing,the application shall be forwarded to the Board of County (4) The Board of County Commissioners shall review the application during a Public (5) All evidence shall be submitted during the public hearing. if additional evid requested by the Beard of GG inty Gemmissieness during a hearing a.whinh must he s--hmitted at a later date the hearing shall he nentinw-ed to a dgte/fime pertain nr.dnr to r e the adrlitinnal L-ymdenge (6) le the w blip h the and of GG inty GOrnmi II.Je �� eFGoSiRg^--..,e��,ro-,�eaC z,-a ---------S (a) Defef a t;An tee,'at ara of GAI nty remmissleaersMeeting dat�ae, appropriate findings of fast n ant to SGGtion 2.7.11,stating..whether the hoar.t concludes each of the applicable standards have been met and one of the fallowing (a) Approval; (b) Approval h it with specified nand tions_as provided in Seetien.7 dam•o De nial. enial. (B) For Class B Special Use Permits,the following shall apply:The following shall apply to all Special Use Permit applications: Orange County,North Carolina—Unified Development Ordinance Page 2-24 42 Article 2: Procedures Section 2.7:Special Use Permits Mi3 The Board of Adjustment shall review the application during a regularly scheduled p4lAfEEvidentiary#Hearing. (2)f6) The Board of Adjustment shall conduct the Evidentiary#Hearing in accordance within the provisions detailed in this Section as well as those contained within Section 2.12. {34fC) After closing the p4b4EEvidentiary#Hearing,the Board of Adjustment shall take action upon the application. This action shall include making appropriate findings of fact pursuant to Section 2.7.44-10,stating whether the board concludes each of the applicable standards have been met and one of the following: �a4(1) Approval; (W(2) Approval but with specified conditions as provided in Section 2.7.4-211;or f0f3) Denial. 2.7.102.7.9 Standards of Evaluation The following specific standards shall be used in deciding on an application: (A) The project meets all applicable design standards and other requirements of this Ordinance. (B) The development can reasonably be completed within the vesting period requested,if any. (C) Where vesting in excess of two years is requested,the project is located in an area where current issues under study do not involve potential amendments to the Comprehensive Plan and/or this Ordinance. 27112.7.10 Required Findings (A) A resolution or motion to approve the application must include the findings of fact and conclusions of law that support the decision. Any proposed conditions of approval must also be included in the resolution or motion to approve the application. (B) A resolution or motion to deny the application must state findings of fact and conclusions of law that support the decision. (C) If a resolution or motion to approve the application fails,the application is deemed denied. Those members voting against the resolution or motion must state which of the conclusions of law they could not reach as well as findings of fact on which their inability to reach the conclusions is based. 271-22.7.11 Conditions of Approval (A) The BeaFd of County commissioneFs er the Board of Adjustment, -appropriate,may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health,safety and general welfare,ensure that substantial justice is done,and equitable treatment provided. (B) Conditions shall run with the land and use,and shall be binding on the original applicant(s)as well as all successors,assigns and heirs. (C) The Special Use Permit shall include a statement that if any condition of a Special Use Permit shall be held invalid or void,then the permit itself shall be void and of no effect. (D) It shall be stated in the Special Use Permit that the Permit shall automatically expire within 12 months ef-from the date of approval if the use has not commenced or construction has not commenced or proceeded,unless a timely application for extension of this time limit is approved by the Board of County Cn^•^n ,;'Ant-•,Adiustment as provided in Section 2.7.13. Orange County,North Carolina—Unified Development Ordinance Page 2-25 43 Article 2: Procedures Section 2.7:Special Use Permits 2.7.1-32.7.12 Notification of Board Action (A) The Planning Director shall send a notice of the r, rBoard's action on the application within a reasonable time by personal delivery,eea#iedelectronic mail and/or first-class mail to the applicant,landowner,and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. A Gepyethp shall hp falpd the PIaRRiRg Depa*Re.nt within five III'GiRess days of the 44 (B) The Planning Director, in the case of approval or approval with conditions,shall issue the necessary permit in accord with the Board's action. (C) The Planning Director, but not a designee,shall certify that the Special Use Permit with any imposed conditions is as approved by the Board of Adjustment,as appropriate with a report provided to the County Manager. (D) Once the Special Use Permit has been certified,the applicant shall record the permit with the Orange County Register of Deeds in a format prepared by the Planning Director. Failure to do so within 90 days from certification shall invalidate the Special Use Permit. 27142.7.13 Time Limits and Extensions (A) If a request is received before the Special Use permit expires,the Board of County CemmissienersAdiustment,for good cause shown,may extend the expiration deadline six months UPOR the fa„erahle. endatian of the Planning Beard (B) The application for an extension request shall be submitted a minimum of siX-three months prior to the expiration of the Special Use Permit. (C) No changes shall be made to the terms and/or conditions of approval. (D) Only one approval of a time extension is permitted,and it shall be based on evidence presented by the applicant showing that permits have been pursued in a timely manner,and that delays have resulted from factors beyond the control of the applicant. (E) Fer deyelormerts Whinh. appFeval of a Crenial Use Permit theThe applicant may request that the Special Use Permit be vested as a Site Specific Vesting Plan in accordance with the requirements of Section 2.5.5.f^r^^^ri^+of^^+less than+,.,n nnr more than five years. For vesting purposes, Site Plans and Preliminary Plats m alsn be appreved was aSpeniall Use Demmi request requec+ef thetlpp GaRt.Rep.R^n+�nr�r for irfermatier r aFdaRg site nlars (€.(J The required legislative hearing by the Board of County Commissioners to establish vested rights shall be held after approval of the Special Use Permit by the Board of Adjustment. 27152.7.14 Changes Modifications to Approved Plans45 (A) After a Special Use Permit has been issued,no deviations from the terms of the approved permit shall be made until written approval of proposed changes or deviations has been obtained. 44 The existing language in this section has been a source of confusion in the past. The proposed language conforms to NCGS 160D-406(i). 45 The County Attorney's office has opined that NCGS 160D-403(d)requires that minor modifications be defined/listed rather than the County's existing language of defining major modifications. Staff has listed minor modification by"reversing"the existing list of major modifications. The proposed language also more closely aligns to language in 160D-403(d). Orange County,North Carolina—Unified Development Ordinance Page 2-26 44 Article 2: Procedures Section 2.7:Special Use Permits (B) The Planning Director us authorized+^shall approve minor changes modifications in the approved permit if requested by the applicant except where the Special Use Permit includes a condition explicitly prohibiting such a modification. ^'^^&^t c^^^^"'�^� as I nn as they a n harmany with a^+inn^f the appreving Bear`I of Ar+i„c+m^n+ h,h cell not have the power to approve changes that Gonstitute a modification of the approvai-. A modiftat'on shall require appFoval ef the Board having jurisdiGtiopof Adi Minor modifications are as follows: (1) A change(increase or decrease)of no more than 5%in the amount of open space, recreation facilities,or landscape screening. (2) A change of 25100-feet or less in the location of open space,recreation facilities, or landscape screening. (3) A change(increase or decrease)of no more than of 5%in the number of parking spaces approved. (4) A change in pedestrian and/or vehicular access or circulation that moves such facilities less than 25-feet. (5) For telecommunication facilities,a minor modification shall also include the following: (a) An increase in the existing vertical height of the structure by less than: (i) 10%of the height of the tower,or (ii) The height of 1 additional antenna with separation from the nearest existing antenna not to exceed 20 feet (b) The addition of an appurtenance to the body of the telecommunication facility that protrudes horizontally from the edge of the wireless support structure the lesser of: (i) 20 feet,or (ii) Less than the width of the wireless support structure at the level of the appurtenance. (c) Increasing the square footage of the existing equipment compound by less than 2,500 square feet (C) For minor modifications,the applicant shall file an amended site plan,or written statement,outlining in detail the minor modification(s)proposed. The Planning Director shall state the findings in writing to the applicant and file the amended site plan or written statement with the approved site plan. (D) A modification that is not listed as a minor modification in(B)above is considered a major modification and shall require approval of the Board of Adjustment. (A) f.,ITF.,� I,,,.iRg,.ri+�rOa shall wnstifiite a rnedif Tatien: 0) Afl hanneiR a nnditiep imposed d„ripn the a I f^ eGial use permit. (2) Any ch largefnent of approved use. (3) Any increase e ink++^n f-wise. An increase one+^nsity of-wise shall he considered to be an increase in usable floor area and/or an the number E)f dwelling or lodging units. (4) Structural alterations wh,.0ch significantlyvffects the basic size,form,style, Prnampntatonn andtnr ehametpr of the h„ildinn a shown en the a ied site plan er deoerihed in the a plieant'o n native (C') Substantial nhaRgG in the a nt and/or In^atinn of open spaGe, eatiGR facilitieo er landscape o Orange County,North Carolina—Unified Development Ordinance Page 2-27 45 Article 2: Procedures Section 2.7:Special Use Permits (6) Any ;erease° the size or numbeF of ppFeved signs (7) An, change On k• areas resulting AuGtoon of 5 or 0 n the number of spaGes approved. (8) Substantialr�r2.hang8s OR pedestriaRnrd/nr.,ehin,,lara nessor iati+inn Tg An }a se+hnGL r by the eff thhisF Qdi Sev e�{^cvd baT+.hT'e roVSen� rn nan^��--orrr^Po ( 0) ARY Ghann age in the Innn+ien ev+en+of street and utility i nts er rigll4n� of,.ay, ncli ding water s andfer storm drainage facilities ..Minh.. i lid n .,irde a.different Ie�iel of sep.ine ' (11) For teleAernmuniARtion facilities a edifiga+ion shall Rise ind a thel fn In...ig.. (a) An�easean the e*isting`:erti al height of the stFUGWre by more � 10%on the heightof the tewer,er The height of 1 arddmtional antenna with sepaFatiGR frem the neares-t a isting antenna not toe e.d 70 feet /h�)A substantmalr^T .hange tin rrtheP^YSiGal rlr ar�rtirrp er.sn_ns of the�ti. relereless supped granting the original permit. it shall be the County�s-Wrden to demonstrate that such a sGenaFle nsti+u hes a substantial change to the nh„sinal rdimensiens of the.. reless s art stri G ire (G) The addition of an appuFtenanGe to the body of the teleGOMMUR'Gat'014 facility that oretri ides herizen+ally frem the edge of the wireless s ert of-stn IGt Ire the n eater Mere thpinr MTeet A /i Mere than he width ftf themeless suppsh stn>p*"Te at the level of the a urtenance Gvnep+..Mere n y to shelter the antenna frem i nlem eat v.eather or to connect the antenna to the tower via cable. /.d\ InGreasing the square footage Gf the 8 8q6IiPMeRt c n.d by more than 2,500 square feet action is a minor Ghange or a modification,review the record of the proceedings on the eFiginal appliGation for appFeval of the SpeGlal Use. The determination shall be based UPGn the r est of the a pecan+ th.e revievi of the r oral of the a .al of the 46 /r�)The Pl RRingnoiFeGtGShall if i+is deteFmiRed that the pnpesed ag+men iis��r Ghange state the findings in writing+n the applicant The applicant shall file an amended site plan or written statement outlining n detail the minor change(s) site plan ��rr�����/�C�` .dth+he a .e.d 47 V-7 peF+ ThtiFor major modifications,the applicant shall adhere to the-following procedures,.hall he ardhererl to in the -aseof a mo.difina+ion: 46 No longer relevant since minor modifications are defined in(B). 47 Moved to(C)above. Orange County,North Carolina—Unified Development Ordinance Page 2-28 46 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. (2) The Planning Director shall submit the request to the Board that approved the GFigiRal apIp4isatienof Adjustment. (3) The Board shall set an pub410- earing to receive testimony concerning the modification request. Any pub4o Evidentiary#Hearing called pursuant to a modification of an approved special use permit shall be held in conformity with the relevant public notification requirements contained in this Article. (4) The Board may approve,approve with conditions,or deny the application for a modification. (5) The Planning Director shall file the Board's action in the Planning Department as an amendment request to the original application and shall notify the applicant in writing of the Board's action. DEVELOPMENTSECTION 2.8: ZONING ATLAS AND UNIFIED ORDINANCE AMENDMENTS 2.8.1 Review and Approval Flow Chart The review and approval process for a Zoning Atlas and Unified Development Ordinance Amendment is shown in the procedure's flowchart. 2.8.2 Amendment Initiation (A) An amendment to this Ordinance or the Zoning Atlas may be initiated by: (1) The Board of County Commissioners on its own motion; (2) The Planning Board; (3) Application,by any person or agency authorized by Ordinance;downzonings ;applied for by a third party require the written consent of the property owner;48 or (4) The Planning Director. (B) If a request for consideration of an amendment proposal is submitted directly to the Board of County Commissioners,said Board may decline to consider the request or may refer the amendment proposal to the Planning Director for preparation of an amendment application. (C) Once initiated,all amendments shall be referred to the Planning Board. 2.8.3 Contents of Application Applications shall contain the following: (A) For amendments to the Zoning Atlas: (1) A map at a legible scale showing the land which would be covered by the proposed amendment,and (2) A legal description of the land. (B) For amendments to the Unified Development Ordinance text: 48 Third party downzonings are prohibited by SI-2019-111. Although Orange County has always required the consent of the property owner on a rezoning application files by a third-party,the County Attornev's office has Opined that the regulations should be clear that a third party cannot apply to downzone property. Orange County,North Carolina—Unified Development Ordinance Page 2-29 47 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (1) A copy of the Zoning Atlas and Application existing text UDO Amendments Submittal provision(s) which the applicant proposes for amendment, Zoning Atlas: Text Amendments and Zoning Atlas: g Conditional `pnpral (2) A written Districts UseConventional statement Zoning Districts which describes in detail the Post Sign/Mail Notice for changes the Neighborhood Info.Meeting applicant (NIM)and Planning Board proposes to Meeting make. (C) The alleged error in Post Sign/Mail Notice the Zoning Atlas and/or Unified Neighborhood for Planning Board Development Information Meeting Meeting Ordinance text that would be corrected by the proposed Development Advisory amendment with a detailed explanation Committee Meeting of such error in the Zoning Atlas and/or Unified Staff Recommendation to Development text Planning Board and detailed reasons how the proposed amendment will Planning Board Review correct the alleged and Recommendation error; (D) The changed or Atlas Amendments: Text changing Publish Legal Ad Amendments: conditions, if any,in Post Sign Publish Legal Ad the area or in the Mail Notice County generally, which makes the proposed Zoning Staff and PB Recommendation Atlas and/or Unified to BOCC Development Ordinance text amendment Public Hearing reasonably necessary to promote the public BOCC Decision health,safety and general welfare; (E) The manner in Note: This chart is meant as a graphical representation of the which the proposed UDO text;the text shall take priority in any conflict or ambiguity. Zoning Atlas and/or Unified Orange County,North Carolina—Unified Development Ordinance Page 2-30 48 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments Development Ordinance text amendment will carry out the intent and purpose of the adopted Comprehensive Plan or part thereof;and (F) A traffic impact study as required by Section 6.17. (G) All other circumstances,factors and reasons that the applicant offers in support of the proposed Zoning Atlas and/or Unified Development Ordinance text amendment. 2.8.4 Applications for Amendment—Joint Planning Area Applications for amendments to the Orange County Unified Development Ordinance and Zoning Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development Ordinance(and Zoning Maps)and/or the Carrboro Land Use Ordinance(and Zoning Maps)shall be processed as specified herein and as specified in the Joint Planning Agreement adopted November 2, 1987,and as amended from time to time. Any text amendments adopted by Orange County shall be adopted by reference as though fully set forth herein. Any map amendments adopted by Orange County shall be officially denoted on the County Zoning Atlas. Where there is inconsistency between the amendment procedures contained herein and those contained in the Joint Planning Agreement,the provisions of the Joint Planning Agreement shall apply. 2.8.5 Review,Analysis and Recommendation (A) The Planning Director shall cause an analysis to be made of the application and,based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. (B) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification,as depicted on the Future Land Use Map of the adopted Comprehensive Plan,shall be forwarded to the County's Agricultural Preservation Board for review and comment. (1) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe,the application review process shall not be delayed. (2) For purposes of this subsection,agricultural support enterprise uses shall be defined as those permitted in the 4Slam C=7 CID or ASE-RB-CD49zoning district,as detailed within Section 5.2�50 of this Ordinance. 2.8.6 Public Hearing Required A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment and/or text amendment to this Ordinance. The Board of County Commissioners shall hear applications and receive public comment for Zoning Atlas amendments and/or text amendments to this Ordinance in a Public Hearing. 2.8.7 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notification of Planning Board meetings at which the Planning Board is to review and make a recommendation on Zoning Atlas amendments. Notifications shall be mailed and posted for the Planning Board meeting in the same manner as for the public hearing,as detailed in(C)and(D)below.The notice shall include the time and location of the Planning Board meeting. The outside of the envelope or postcard shall be marked"Notice of Planning Board Meeting." 49 Update necessary to reflect new conditional district in Article 3(see more detailed footnote explanation in Article 3). so Correct reference that should have been part of amendments made in 2019. Orange County,North Carolina—Unified Development Ordinance Page 2-31 49 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (B) The Planning Director shall cause notice of the public hearing to review the application and receive public comment to be published at least twice in a newspaper of general circulation in the county,stating the time and place of the hearing and the substance of the proposed amendment. (1) Said notice shall appear in said newspaper once a week51 for two successive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (C) For amendments to the Zoning Atlas,the Planning Director shall post on the affected property a notice of the public hearing at least ten days prior to the date of said hearing. (D) For amendments to the Zoning Atlas,written notice shall be sent by certified mail to the affected property owner and by first class mail to all property owners whose property lies within 1,000 feet of the affected property at least 45-ten52 days, but not more than 25 days,before the public hearing date. Adjaeent-Pproperty owners are thasp whasp names and addresses shall be obtained from the current listing are GUrrently listed in the Orange County tax records and whose property lies within^^- +h.,,-oo...J roo+„r the,rro,.+oa.,.,,.,erty53.The outside of the envelope or postcard shall be marked"Notice of Public Hearing." (1) Alternative option to mailed notice for large-scale Zoning Atlas amendments— The first class mail notice required by subsection(D)shall not be required if a Zoning Atlas amendment proposes to change the zoning designation of more than 50 properties,owned by at least 50 different property owners,and Orange County elects to use the expanded public notice described as follows: (a) An advertisement published as described in(B)above,provided that the advertisement is not less than one-half of a newspaper page in size. (b) The advertisement shall be effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice.Property owners that reside outside of the newspaper circulation area,according to the address listed on the most recent property tax listing for the affected property,shall be notified according to the provisions of subsection(D)above. (D)(EL_The Planning Director shall certify the mailing of all notices to the Board of County Commissioners. 2.8.8 Planning Board Review (A) The Planning Board shall allow public comments at its meeting and those comments shall be taken into consideration by the Planning Board in making its recommendation. (B) The Planning Board's action on an application shall be one of the following: (1) Recommend approval, (2) Recommend denial, 51 Clarify publication frequency. 52 Conform County's regulations to statutory requirements. 53 Revision necessary to properly address 160D-602 requirement that"abutting"property owners are noticed versus Orange County's requirement that property owners within 1,000 feet are noticed. 54 State Statutes have long allowed for an alternative method of public notice for large-scale rezonings but Orange County's regulations have not included the option. Staff is recommending that the alternative option be included in the regulations. Orange County,North Carolina-Unified Development Ordinance Page 2-32 50 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (3) Recommend approval but with specified changes,or (4) Recommend the Planning Board be given extended time to consider the matter. (C) In making its recommendation,the Planning Board shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable,and briefly explain why the board considers the action taken to be reasonable and in the public interest. (D) Should the Planning Board fail to make a recommendation prior to the Public Hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 2.8.9 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing,the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date,or (2) make a decision. (C) In making its decision,the Board of County Commissioners shall consider adopted plans,comments made at the public hearing,the Planning Board's recommendation, and the Planning Director's recommendation. In accordance with NCGS 160D-605, theme Board of County Commissioners shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable,and briefly explain why the board considers the action taken to be reasonable and in the public interest. 2.8.10 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisions (A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control Commission's revisions to the State's Model Soil Erosions and Sedimentation Control Ordinance and,within 90 days of receipt of the recommended revisions,submit draft amendments to the North Carolina Sedimentation Control Commission for its consideration and comments. (B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission's comments,Orange County shall formally consider proposed amendments and,to the extent deemed necessary by the Board of County Commissioners,incorporate the amendments into this Ordinance. (C) Text amendments to this Ordinance for soil erosion and sedimentation control provisions shall comply with the requirements in effect for any other text amendment. 2.8.11 Text Revisions Pertaining to Stormwater Provisions (A) The Erosion Control Officer shall review all of the State Environmental Management Commission's revisions to the State's Model Stormwater Ordinance and,within 90 days of receipt of the recommended revisions,submit draft amendments to the State Environmental Management Commission for its consideration and comments. (B) Within 150 days after receipt of the State Environmental Management Commission's comments,Orange County shall formally consider proposed amendments and,to the extent deemed necessary by the Board of County Commissioners,incorporate the amendments into this Ordinance. (C) Text amendments to this Ordinance for stormwater provisions shall comply with the requirements in effect for any other text amendment. Orange County,North Carolina—Unified Development Ordinance Page 2-33 51 Article 2: Procedures Section 2.9:Conditional Districts SECTIONCONDITIONAL DISTRICTS 2.9.1 Conditional Use se rA�„) Generally 0)_ Any use permitted ,Rder+he G1 I�eSg shall^nnform+n all nnnl•^nhln development regulations for the corresponding general use zoning distriGt as well as any SpeG'f'G develepment standards outlined within this C)Fd'nanGe. (2) The Board of County Go eviewing a CUD rnay ,nh r ahln Go nfli+inn .al of a GI A-)r est a will afford nro+no+inn of the puhlig final+h oafn+.. anfl g ral welfare n n+ha+ „hca+ n+ia fl l i„o+ign is nnn nfl n �i+ahln+rna+mnn+ (3) QRI +hnse� n rt agreed to a app"Gan+And the$nardarof ice/- 7z'�o S-Mutually (4) hie the ne v ; ,ennistra^ ac\ there a�syerf'G use + requiFe ial of a CUD. These uses aFe eted on the Table of Permitted Uses Cnonomig nn„nlnpmnn+ni^+rig+^(enn+inn G 2) (B) Applications Applications to establish a CUD shall be submitted to the Planning DireGtor and shail be 0) Zoning Atlas amendment(Section 2.8T (2) Glass A SP8GOal Use Permit GR 2.7),and (3) The pmvisiens a€this Beet+err. !r�)Submittal Requirements 0) in addotmen to the CUD appliGation form,an appliGant shall also submit the following information: /n`) A site plaRpF red in with the prrevrs+ens of Santinn 2 5 nnli ding+hn fnlln,.iing• \fin detailed d8SGri Pt oRof the prep8sed use of n erty iRGIU4iRg an of Mine of then ed operational nhameteri^+in^of the pmpesnd fln elopmnn+ (ii) A detailedan+raffig+raffi^sLINGY,ryega Ffllless of thens-toanated n-her of trips per day,prepared'R aGGGrd;;nGe vinth all appliGable North Carolina Department of Transportation(NG DOT)requirerne er standards a^a�all as SeGt'nn 6.17 of this thi^sorflinannn The appropriate environmental doGument prepared in A landsGape plan showing the location of on site signifiGant trees; p ed SGFeGR'Rg,buffe Fs nfl lan.+onaning•anfl a pmpesnd+rna+mnn+of aRy n io+ing pat Ural feat,Tres /ham) A summaFy of Utility seWiroans,'RGludiRgPpFGGessRggof,_;,,as{e AGter /n�)A sdhefl�iln�f e-enstri in+ion of all nlnmen+s of the pFepesal;and ss One of the primary outcomes of"160D"legislation is conditional use districts are no longer authorized for use in the State. The process,which included quasi-judicial and legislative components,was difficult to successfully navigate and,with the authorization in the mid-2000s for conditional zoning districts,became obsolete. Orange County,North Carolina—Unified Development Ordinance Page 2-34 52 Article 2: Procedures Section 2.9:Conditional Districts deemed essential to demenstrate then evYs n nlinnne with these Iat'e 'v-gmvx'mT f2 26 GGP086s€#he a arequired in(1)above shall he submitted-by the app"Ganh f4') The P!aRR'Rg Beard and.ler Board Af GAI IRty!`.,mmi���neFSmayTequest far A GUI (D) Neighherheed Information Meeting 0) Before a Public Hearing may be held on an accepted appliGation for a CUD,the elioant is required to sghed, le with the n istange of the Planning Department MiRiMYM of one a ghberheed information meeting The n urpeSe of this m eting is to ebtain s nding n e.ty oWReF ORPUt and PommPnts e 14 the n ed de"elon.nent n eo4 (2) The appliGaRt shall obtain n erty ewner ailing mess informatien frem the Orange he6Inty Planning department and shall moil netid.es of the meeting date and time via first class mail to each property owner within one thousand feet of the n erty for which a GI Id has been requested. (3) The notices shall be mailed a rn'nirnurn of 14 days prior to the date of the fni The applicant shall post a �n the property advertising the date_place, l r*� i� �.,pa �n g �p time of the meeting a MiRORILIRI of 10 days prmAr to the.fate of the meeting ( ) The me8tingg shall he held-a rninimurn of 14 days prier to the date of the Planning Roard meeting where the a nlivation is sohed,-led for r (E) review"zg=rd Evaluation of AnnliGatien (1`__)All CUD aap nplRGations shall be reviewed and aGted UPOR aGGerdanGe with the review pFeAe-d-wres for Glass A Speg•al Use Permits ices+ive 2.7). (2) The fGIIswing shall beGensidered whenevaluat'Rga nnrgatign for a rl In. (a) The el�iesand ebieoti„es of the Orange GG Inty remprehensivG PaR artioi Marly in relation to the U68,pmpesed site and s nding a (bb) The pgl�iesand en��t yes of an.,adepted Small Area Plan(s)relay ati" the area;and (g) The potential impaGts to the surrounding a ea including but net limited-, storm water drainage,compatibility of land use activities,and , traffic, values.(3) The Board of County Go Y attaGh reasonable and appropri editions m address the follo,.,ing (a) The Ahha�aotg+eristiss of the preposedz''se a-,�its re'240gnship is SLIFFOUnding p arty and a 'sting land (b\ The sed .t facilities s IGh a Ling sereenl d bp �fr Tv� e�TvPc s♦J�lpvrz-�mnRc �w�rvS-pvrTCT'�, '�cr'v-ov'T areas, The t/-am L/c\ ii winS g f h sed-development,c'tzrre�'vPc (d`) ArAh'+wd��rAlrl rye and men+rel6, (e)ThePermitted And oSpesial��l Ises all.•,ed---.n.derthe e*ist+ng aen:,g classification pd Orange County,North Carolina—Unified Development Ordinance Page 2-35 53 Article 2: Procedures Section 2.9:Conditional Districts M Other er matt+ stthat the B(DG `may find appropriate of the app:6antTmr.ay prepese. Approval and Conrlitiorm r') Beard Gf G9 in+., shall take.tention on the nliGatieR in+he fGlIGWing rnaaneF: (a) Ap�en3 the a nlioation+e change the ZGRORgdeSigR tiGR Gff+he pa gel tG the a ie+e CUD decigRatiGR (b) Appreve or deny the S eGial Use Permit a nliGe+iGR Rd (2 SpeGifiGGendltien sed by the applioan+or the GG in+., OF its b6it nnl.,these genrti+iens mutually a eed 6 n by the GG inty and the neti+inner m ,be in rated into the CI ID and/or CUD n mi+r en+s (3) The-an I•oan+ hall have a reaSGRableGn ohs�ni+.,+o noneide��e ivy shall have Corr re aRY en+s/genditiens requested by the f nUnty n r+n final agtion by the nlioant shall agree OR mi+ing tea GRdi+ions prier to a final denision on the (G) Issaa n&e of Permit If an a nlinntien fer a GI Irl is appre,er+ the Planning Director shall issue a CUD ner mit autheFiZiRg the deyelenment of the a ,ed use The GI Irl n mit inoli ir+ing aRY oRdi+ions shall hera—rne effeo+iye after being d ily r outer+by the nlisant in the Orange County Register of Deed&-. Failure by the appliGant te reGerd the CUD PWMit WithiR 180 days from the date A approval shall cause the permit to be deenned null and void. ru�)Effect of Approval rinse a ,ert the GI ID+ha+'s established and a enrt•t•n ettaohed to the shell he in err+anne%.,.th the a ,ed plan nr+n ndi+ions (1) Zoning Atlas Des+gnatien , then erh,shall he id-en+ified-on theZGRiRg atlas by the a ate parallel CUDIle r ) Tmmeline for Development^f Approved I IIses r'1) G()nStrU Gtie of the appFeredPro}eEtmust bbegm within 12 FRGRths of the a all of the n mi+ If ne s nstr-io+ion has ;tgrtpd w thin the stgtpd time fro me the permit begemes null and of no effon+ i (2 ly �_2r.�n+h+h exteRS16n fr�gen m+h $ ara �TvP"-'-`Y-o�.T'rrer-f�1vTTe�l'c.`-`r'- one " -o'-' !`Glint.,(`om missio Hors i n the fayamhle rpnommPndation of+he Dlanning Rnard if the request is reG80ved before the permit expires. r4'1)Th a alien+ien fern ev+eRSiGR request Shnlhehe s ihmi+ti- n rRinimi im of s nths n r to the expiration of the permit. (K) Alterations t� o an npPFGved ruin 0)Gha geese waved plans and nliti n�f develep;e;rsla '� he treat�l as Ghanges+e the ZE)Ratlas and shall be praGessed as an amendment to s -oh a ontainert in CeG+inn 7 Q Orange County,North Carolina—Unified Development Ordinance Page 2-36 54 Article 2: Procedures Section 2.9:Conditional Districts / The Planning D! theut g through the C �rn^5vfre6tA '}i92S-1A'icT'vcrr9v'.i�nTTvcry^zT'c to allaw a el nniR9F nhanne and vVill fo-RAVard-the detailed n nlinetinr. iderat on in accordance with the procedures outlined herein-. cons (3) A Fn^�h� ge is one that will ,n t: (a) Alter the IDAsisTelatnonship of the p;opeseddeveI9PFnent te aAaG8Rt property, (b) Alter the appFeved Ira uses, (G) Increase the density or intensity,ofdevelopment,and/or (d) Desrease the A�s_treet parkiRg ratie Ar redUsethe buffer yapd previ t� at the boundary of the site. 2-.9-.22.9.1 Conditional Zoning Districts(CZD) (A) Generally Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific Conditional Zoning District and detailed in Section 3.8 of this Ordinance shall be developed. (B) Applications Applications to rezone property to a CZD Conditional District shall be submitted to the Planning Director and shall be processed in accordance with the procedure(s)for: (1) Zoning Atlas amendment(Section 2.8), (2) Site plans(Section 2.5)for CZDs Conditional Districts that require a site plan, and (3) The provisions of this Section. (C) Submittal Requirements (1) In addition to the CZD Conditional District application form,an applicant shall also submit the following information: (a) A site plan prepared in accordance with the provisions of Section 2.5 of this Ordinance,except for Master Plan Development(MPD)-CZD-CD and MPD-RB-CD applications(see(C)(2)below). (b) A detailed description of the proposed use of property including an outline of the proposed development. (c) A detailed traffic survey, regardless of the estimated number of trips per day, prepared in accordance with all applicable North Carolina Department of Transportation(NC DOT)requirements or standards as well as Section 6.17 of this Ordinance. (d) The appropriate Environmental Document prepared in accordance with Section 6.16. (e) A landscape plan showing the location of on-site significant trees; proposed screening, buffers,and landscaping;and any proposed treatment of any existing natural features. (f) A summary of utility services,including processing of wastewater. For Home Park(HP)CZDCD,the utility service plan shall specify if the proposed services are temporary or permanent connections. (g) A schedule of construction of all elements of the proposal. Orange County,North Carolina—Unified Development Ordinance Page 2-37 55 Article 2: Procedures Section 2.9:Conditional Districts (h) Any other information identified during the pre-application conference deemed essential to demonstrate the project's compliance with these regulations. (2) In lieu of the requirements in(1)(a)above,an application for a Master Plan Development(MPD)OZD-CD or MPD-RB-CD shall include the requirements in Section 6.7. The requirements of(1)(b)through(1)(h)above are applicable for MPD-CZ-CD and MPD-RB-CD applications. (3) 26 copies of the application package required in(1)and(2)above shall be submitted by the applicant. (4) The Planning Board and/or Board of County Commissioners may request additional information in order to evaluate and properly process the application for a CZDConditional District. (D) Neighborhood Information Meeting (1) Before a Public Hearing may be held on an accepted application for a CZDConditional District,the applicant is required to schedule,with the assistance of the Planning Department,a minimum of one neighborhood information meeting. The purpose of this meeting is to obtain surrounding property owner input and comments on the proposed development project. (2) The applicant shall obtain property owner mailing address information from the Orange County Planning Department and shall mail notices of the meeting date and time via first class mail to each property owner within one thousand feet of the property for which a CZD Conditional District has been requested. (3) The notices shall be mailed a minimum of 14 days prior to the date of the proposed Neighborhood Information Meeting. (4) The applicant shall post a sign on the property advertising the date, place,and time of the meeting a minimum of 10 days prior to the date of the meeting. (5) The meeting shall be held a minimum of 14 days prior to the date of the Planning Board meeting where the application is scheduled for review. (E) Review and Evaluation of Application The review,processing,and evaluation of a CZD Conditional District application is a legislative process subject to judicial review using the same procedures and standards of review that apply to general seconventional district zoning decisions. (F) Approval and Conditions (1) The Board of County Commissioners shall take action on the application to rezone the property in accordance with the procedures outlined within Section 2.8. (2) The applicant or the County may recommend that reasonable and appropriate conditions be attached to the approval of the application. (3) Conditions and site-specific standards shall be limited to those that address the conformance of the development to County ordinances,the adopted Comprehensive Plan,or any other relevant plans that address the impacts reasonably expected to be generated by the proposed development. Any such conditions may address: (a) The compatibility of the proposed development with surrounding property, Orange County,North Carolina—Unified Development Ordinance Page 2-38 56 Article 2: Procedures Section 2.9:Conditional Districts (b) Proposed support facilities(i.e. roadways and access points,parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas,the timing of development,street and right- of-way improvements,storm water drainage,the provision of open space,etc),and/or (c) All other matters the County may find appropriate or the petitioner may propose. (4) Conditions of approval may include dedication to the County or State,as appropriate,of any rights-of-way or easements for streets,water,sewer,or other public utilities necessary to serve the proposed development. (5) The applicant shall have a reasonable opportunity to consider and respond to any requirements/conditions requested by the County prior to final action by the Board of County Commissioners on the disposition of the application. The applicant shall agree in writing to any conditions prior to a final decision on the application. (G) Effect of Approval (1) Approval of a CZD Conditional District is binding on the property and the development and use of the subject property shall be governed by the Ordinance requirements applicable to the specific CZD Conditional District district and all approved conditions. (2) The applicant shall comply with all requirements established in the CZD Conditional District approval Ordinance. Only those uses and structures included in the CZD Conditional District approval Ordinance and approved site plan shall be allowed on the subject property. (H) Zoning Atlas Designation Following approval of the CZD diStr^+^+Conditional District by the Board of County Commissioners,the subject property shall be identified on the Zoning Atlas by the appropriate district designation. (1) Alterations to an Approved CZ-DConditional District (1) Except as provided in Section 6.7.2 for MPD-CZ-CD and MPD-RB-CD projects, changes to approved plans and conditions of development shall be treated as changes to the zoning atlas and shall be processed as an amendment to such as contained in this Article. (2) The Planning Director may approve minor changes without going through the amendment process. The Planning Director,at his/her discretion,may elect not to allow any proposal as a minor change and will forward the detailed application for changes to the Planning Board and Board of County Commissioners for consideration in accordance with the procedures outlined herein. (3) A minor change is one that will not: (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. 2.9.32.9.2 Public Hearing and Notification Requirements—CUD-arid-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. Orange County,North Carolina—Unified Development Ordinance Page 2-39 57 Article 2: Procedures Section 2.11:Interpretations (B) The Board of Adjustment is not authorized to grant a variance that would permit a use in a district where that use is neither a Permitted Use nor a Special Use. 2.10.9 Review Procedures (A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment in accordance with the procedures contained in Section 2.12 of this Ordinance. (B) The Planning Director shall complete an assessment of the application and provide a recommendation on the disposition of the application. (C) The assessment shall be introduced at the hearing and become part of the record. 2.10.10 Findings of Fact (A) Required findings of fact,as listed in Section 2.10.4,shall be made in the indicated order by the Board of Adjustment. (B) The Board of Adjustment is not empowered to grant a variance without an affirmative finding of fact supported by substantial evidence in the record of proceedings before the Board. 2.10.11 Conditions of Approval The Board of Adjustment may impose appropriate conditions provided that such conditions are reasonably related to the variance. 2.10.12 Notice Requirements Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6. SECTIONINTERPRETATIONS 2.11.1 Generally An appeal from an order, requirement,decision or determination of the Planning Director shall be decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of this Ordinance. In exercising this power,the Board of Adjustment shall act in a prudent manner so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts. 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 an VaFi RGeappeal effrom an order, requirement,decision,or determination of the Planning Director. pter;r�." se Correct existing error in the text. Orange County,North Carolina—Unified Development Ordinance Page 2-45 58 Article 2: Procedures Section 2.12:Board of Adjustment (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director at its next regularly scheduled meeting or at a special meeting called for that purpose. 2.12.2 Quasi-Judicial Proceedings (A) The Board of Adjustment acts in a quasi-judicial capacity. However,it is not intended that its proceedings be conducted as formally as those before courts. (B) The rules of procedure and evidence set forth in this Ordinance shall be followed to protect the interests of all parties and the public. (C) The presiding officer shall administer oaths to all witnesses and shall make rulings necessary to preserve fairness,order,or proper decorum in any matter before the Board of Adjustment. Any person who,while under oath during a proceeding before the Board,willfully swears falsely is guilty of a Class I misdemeanor. (D) Any member of the Board of Adjustment or any interested party may object to,and the presiding officer may exclude,any evidence,testimony,or statement that is deemed incompetent,irrelevant, immaterial,or unduly repetitious and therefore fails to reasonably address the issues before the Board of Adjustment. 2.12.3 Evidence and Testimony (A) Interested Party and Objections (1) Any interested party mashall be permitted to57 present evidence or testimony, cross-examine witnesses, inspect documents,and offer evidence or testimony in explanation or rebuttal. (2) Any member of the Board of Adjustment may question any interested party. (3) Persons other than interested parties may make-offer competent,relevant,and material^^ ent6testimony or evidence that is not repetitive as allowed by the bBoard. (4) Administrative materials such as applications,staff reports,and other relevant administrative materials shall become part of the hearing record and may be provided in written or electronic forms (a) Administrative materials shall be distributed to the applicant and to the landowner,if that person is not the applicant,at the same time they are distributed to the Board. (b) Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing. M15( ) Obiections regarding jurisdictional and evidentiary issues,including but not limited to,the timeliness of an appeal or the standing of a party,may be made to the Board. The Board chair shall rule on any objections and the chair's ruling may be appealed to the full Board.s� (B) Subpoenas (1) The Board of Adjustment may subpoena witnesses and compel the production of evidence. 57 Conform language to NCGS 160D-406(d). Note the definition of Interested Party in Article 10:it is a person who has legal standing to appeal the decision,as further defined in NCGS 160D-1402(d). 58 Conform language to NCGS 160D-406(c). 59 New provision in NCGS 160D-406(d). Orange County,North Carolina—Unified Development Ordinance Page 2-47 59 Article 2: Procedures Section 2.12:Board of Adjustment (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 160A 939kd160D-1402(c),shall make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas in those cases where testimony or evidence is deemed to be relevant, reasonable in nature and scope,and not oppressive. (3) The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full Board. (4) If a person fails or refuses to obey a subpoena issued pursuant to this subsection,the Board of Adjustment,or the party seeking the subpoena,may apply to the General Court of Justice for an order requiring that its order be obeyed,and the Court will have jurisdiction to issue those orders after notice to all proper parties. (5) No testimony of any witness before the Board of Adjustment,pursuant to a subpoena issued in exercise of the power conferred by this subsection,may be used against the witness in any civil or criminal action,other than a prosecution for false swearing committed on the examination. (6) Anyone who,while under oath during a proceeding before the Board of Adjustment,willfully swears falsely,is guilty of a Class 1 misdemeanor. 2.12.4 Quorum and Vote Required (A) A quorum of the Board is necessary to conduct any business and shall consist of four members. (B) The affirmative vote of four of the members of the Board shall be necessary in order to effect any variation in this Ordinance. (C) A majority of the members shall be required to decide on the issuance of a Sias B Special Use Permit or an appeal application. 2.12.5 Notification of Board Action (A) Within five working days after Board action,the Planning Director shall have available in the Planning Department's office a notice of decision of the Board's action. (B) The Planning Director shall notify the parties to an application or appeal of the Board's disposition. This includes the applicant,the property owner if different from the applicant,or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. This notice shall be made by registered or certified mail within five working days of the Board's actions. (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Board60 of general n ula+inn in(!range GeuRt.. The nn+inn shall appear epk for t...n n n-di..e..PLQks the first insertion U4 he not less than ten days nor Fn9re than 25 days prior to the meeting date. in computing the notice period,the day-of publiGation us not to be inGluded,but the day of the heaFiRg us to be inGluded. (1)(A) Notice for Special Use Permit or Variance applications shall follow the process in Section 2.7.6. In Gase of annlina+inn fer a Glass B Cpenial Use n mit or This nn+inn shall he mailed At least tpn da..s h6it net m e than 25 days p r+n the meeting!late 4djanen+property ewners are these whose property lies within One 60 Notice requirements for Special Use Permits are covered in Section 2.7.6 and do not need to be repeated here. Orange County,North Carolina—Unified Development Ordinance Page 2-48 60 Article 2: Procedures Section 2.13:Exempt Subdivisions droll he rn-ariked"Netine of Di blip Heorir.e" IdIUvC� l The Dla....i...,Hire..+..r shall...,o+.,.,the ofFe..+e.!., eh..o.,.,+i..e.,f the Q.,ar.J..,ve+i.... at least tee days but net rnAre+hoe 25 does prior to the meet'Rg dote (D)Jg_ln the case of an appeal of a Stop Work Order issued by the Planning Director,the Planning Director shall give written notice by certified mail to the property owner,and/or person(s)engaged in the alleged violation. Notification of adjacent property owners, posting of property,and publication of a hearing notice is not required. SECTIONSUBDIVISIONS 2.13.1 Generally (A) Persons proposing divisions of land that do not constitute a subdivision must request a determination of an exempt subdivision status with the Planning Director. Activities that do not constitute a subdivision are found in Section 7.2.1. (B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with the request for a determination for an exempt subdivision. (C) Exempt subdivisions shall comply with all applicable non-plat requirements of this Ordinance. 2.13.2 Review and Action (A) Following receipt of a request for a determination of an exempt subdivision status,the Planning Director shall make a determination of the land division's exempt or nonexempt status. (B) If the Planning Director determines that the proposed land division does not constitute a subdivision,the Planning Director shall certify the proposed land division as exempt and include the necessary statement on the plat certifying same. (C) If the Planning Director determines that the proposed land division constitutes a subdivision,the applicant shall be informed of such in writing and shall be required to submit the appropriate Subdivision application. SECTION • ' SUBDIVISIONS 2.14.1 Review and Decision Processes and Flow Charts Review and approval of Minor Subdivision applications shall adhere to the process detailed herein. The applicant shall demonstrate compliance with the development standards contained in Article 7 of this Ordinance. 2.14.2 Types of Review (A) Traditional Review Minor subdivisions that do not qualify for Expedited Review under Section 7.2.2 of this Ordinance,shall adhere to the traditional review process comprised of a Concept Plan and Final Plat Application. (B) Expedited Review Minor Subdivisions qualifying for Subdivisions Expedited Review under Section (Traditional Pre-application Meeting submittal 7.2.2 of this Ordinance shall Review) of Concept Plan Application require only an application and plat for recordation. Review of Concept Plan Application by Orange County Development Advisory Committee Orange County,North Carolina—Unified Developme Neighborhood Information Meeting (Flexible Development with more than 5 lots) 61 Article 2: Procedures Section 2.14:Minor Subdivisions 2.14.3 Expedited Review (A) Review and Action (1) The Planning Director shall determine if the plat and application conform with the requirements of Section 7.2.2 of this Ordinance. (2) A completed application shall be entered into the permit record. (3) The Planning Director shall make a final determination on the approval or denial of the application within five business days from the submittal of the application. (4) If the application is approved,the Planning Director shall notify the applicant. (5) If the application is denied,the Planning Director shall issue a letter to the applicant detailing the reasons for denial and identifying Minor Subdivisions modifications necessary for (Expedited Review) potential approval. (B) Action Subsequent to Approval Submittal of Expedited Review (1) The Planning Director shall sign the Application&Plat plat and accompany the applicant to the Office of the Register of Deeds for recording. Review of Plat by Orange County 2.14.4 Concept Plan Development Advisory Committee The applicant shall prepare a sketch plan of the proposed subdivision and schedule an appointment with the Planning Department for initial review and L Recordation of Plat at Orange consultation. During this initial meeting the County Regiseeds ter of D Planning Department shall advise the subdivider or his/her authorized agent of the regulations pertaining to the proposed subdivision,of any obvious changes required in order to comply with the provisions of this Ordinance,and the procedures to be followed in the preparation and submission of the Concept Plan. (A) Application Requirements (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) Two copies of the scaled Concept Plan,drawn to the specifications outlined in Section 7.14.1. (b) A vicinity map showing the location of the subdivision in relation to the existing street or highway system. (c) A soils classification map for the property. (d) A topography map of the property. (e) A map showing any environmentally sensitive areas on the property(i.e. streams,wetlands,special flood hazard areas,zoning overlay districts, conservation easements,etc.). Orange County,North Carolina—Unified Development Ordinance Page 2-50 62 Article 2: Procedures Section 2.14:Minor Subdivisions (f) For Minor Subdivisions utilizing the Flexible Development Option,a Plan illustrating proposed lots for residential use and Common Open Space (Primary and Secondary)as well as the treatment of passive and active open space areas(e.g.,natural/undisturbed areas,trails,recreational amenities). (B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible Development Option with more than 5 lots (1) A minor subdivision application using the Flexible Development Option shall require a Neighborhood Information Meeting if it proposes more than five lots, excluding open Space.— M(2) Upon acceptance of a Concept Plan application,the Planning Director shall schedule a Neighborhood Information Meeting(NIM)and mail notices of the meeting to each owner of property within one thousand feet of the property proposed to be subdivided. (23(3) Notices of the NIM shall be mailed by first class mail at least ten days prior to the date of the meeting. M14) The Planning Director shall place a sign on the affected property indicating the total number of lots proposed,the date,time,and location of the NIM;and the Planning Department telephone number.The sign shall be posted on the affected property at least seven days prior to the NIM.The NIM shall be held a prior to Final Plat Application submittal. (4)(5) At the NIM,the applicant shall be available to answer questions about the proposed subdivision,and to receive comments from neighboring property owners for the purpose of improving the proposed subdivision design. (5)(6) The Planning Director shall explain the subdivision approval process and neighboring property owners may speak with regard to specific concerns and/or issues. (C) Review and Action (1) The Planning Department shall review the Concept Plan for general compliance with the requirements of this Ordinance. (2) A completed Concept Plan application shall be entered into the permit record and placed on the agenda of the next available meeting of the Development Advisory Committee(DAC). (3) The DAC shall review the Concept Plan for general compliance with established Subdivision development standards detailed in Article 7 of this Ordinance as well as compliance with other applicable local and State regulations. (a) The review shall include determining the presence of any sites identified in"An Inventory of Sites of Cultural, Historic, Recreational, Biological and Geological Significance in the Unincorporated Portions of Orange County"and'Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina". (4) The DAC shall make a recommendation to the Planning Director regarding the application no later than five business days after the DAC meeting. (5) The Planning Director shall make a final determination on the approval or denial of the application within five business days from the submittal of the DAC recommendation. 61 Although not related to 160D,staff is suggesting this clarifying language be added in response to recent questions that were asked about the process. Orange County,North Carolina—Unified Development Ordinance Page 2-51 63 Article 2: Procedures Section 2.14:Minor Subdivisions (7) Any plat or poFtion thereef not FeGeiViRg final plat appFeval within the time p (a) The subdivfsien us built in seetOORS E)F phases,and a phasing pin:,was appFeved as art of the PreGminany Plat (b) The peried betweeRr the-are ial date of the-PreliMi a i Plat and4e. appFeyal date of the Final Plat for the first phase does not exGeed o Re yeas and (G) The period betweeR the approval data_ef thp Final Plat.,f the first p and the a yal date(s)of the Final Plat(s)of any su bseq gent phase(s) dogs nAt Pxnpad the time lornmts s reified in the phasing plan of the Preliminary Plat If n phasing Plan is ndinatpd then then ed between Final Plat a gals shall net a ped six rnnnths !4') a aa gplan fir nnn?tr intin cnf the a�.�ake �a rn.ye the date of the Preliminary Plat shall he g ed by the time P ed(s)a yed a Part of the ing Plon 62 Phon M(71 The Planning Director may extend the deadline for recordation provided the applicant can demonstrate a good faith effort to comply with the deadline,but for reasons beyond his/her control,fails to meet the requirements for recordation within the specified period. (I-O)l8LAI1 final plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section 7.14.3 of this Ordinance. "faLRecordation of the approved final plat,and any required auxiliary documentation shall be with the advice and consent of the Planning Director. 62 The requirements of(7)and(8)are lone-standing errors from the former"Subdivision Regulations"since neither preliminary plats nor phasing is applicable to minor subdivisions. Staff suggests correcting this error at this time. Orange County,North Carolina—Unified Development Ordinance Page 2-54 64 Article 2: Procedures Section 2.15:Major Subdivisions SECTION • ' SUBDIVISIONS 2.15.1 Review and Decision Process Flow Charts3 The review and approval process for a Major Subdivision is shown in the procedure's flowchart. Major Subdivisions Pre-application Conference Determination of the correct application venue of the division of land: Exempt Subdivision,Minor Subdivision,Class "A""SpeGial Use Permit, Conditional U Distric Conditional District,or a standard Major Subdivision Finding of Concept Plan Application Completeness and issuance of a letter to the applicant Referral to the Development Advisory Committee of the Concept Plan Public agency review of the Concept Plan Neiqhborhood Information Meetinq Planning Board Review&Approval of Concept Plan Preliminary Plat Application Finding of Application Completeness and issuance of a letter to the applicant Referral to Development Advisory Committee of the Preliminary Plat Planning Board Review and Recommendation of the Preliminary Plat Board of County Commissioner's acceptance of the Planning Board recommendation(s)and action regarding the Preliminary Plat Applicant completes all required public improvements or posts acceptable financial security to ensure installation Final Plat Application Planning Director Review/Approval of Final Plat Recordation of Final Plat es See ection 7.2.3 for revisions to ma'or subdivision review/approval processes. Orange County,North Carolina—Unified Development Ordinance Page 2-55 65 Article 2: Procedures Section 2.15:Major Subdivisions (6) Number 10(business)sized envelopes with first class postage affixed addressed to each owner of property within 5001, 00064 feet of the property proposed to be subdivided.The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records System. (D) Neighborhood Information Meeting (1) Upon acceptance of a Concept Plan application,the Planning Director shall schedule a Neighborhood Information Meeting (NIM)and mail notices of the meeting to each owner of property within one thousand feet of the property proposed to be subdivided. (2) Notices of the NIM shall be mailed by first class mail at least ten days prior to the date of the meeting. (3) The Planning Director shall place a sign on the affected property indicating the total number of lots proposed,the date,time,and location of the NIM;and the Planning Department telephone number. The sign shall be posted on the affected property at least seven days prior to the NIM. The NIM shall be held a minimum of 14 days prior to the Planning Board meeting at which the concept plan is scheduled to be reviewed. (4) At the NIM,the applicant shall be available to answer questions about the proposed subdivision,and to receive comments from neighboring property owners for the purpose of improving the proposed subdivision design. (5) The Planning Director shall explain the subdivision approval process and shall identify meeting dates of the Planning Board and Board of Commissioners at which neighboring property owners may speak with regard to specific concerns and/or issues. (E) Planning Director Review Procedures (1) The Planning Director shall prepare and submit a recommendation to the Planning Board which shall include the following: (a) A written analysis of the Concept Plan; (b) The Concept Plan's general compliance with the requirements of this Ordinance,the Comprehensive Plan,and other applicable codes and ordinances;and (c) The comments of neighboring property owners expressed at the Neighborhood Information Meeting. (d) Which Development Option Plan is recommended for eventual Preliminary Plat processing. (2) The Planning Director shall be permitted to defer the application and recommendation for one meeting beyond the Planning Board meeting at which the application is scheduled to be heard. (F) Planning Board Review and Approval Procedures (1) After receiving the Planning Director's report and recommendation,the Planning Board shall consider the Concept Plans and take action on the proposals. (2) The Planning Board shall base its action on its findings as to the conformity of the proposals with all applicable regulations and shall: (a) Approve one Development Option; (b) Approve one Development Option subject to conditions;or (c) Deny the Development Options. 64 Correct distance requirement. See(D)(1)below. Orange County,North Carolina—Unified Development Ordinance Page 2-57 66 Article 2: Procedures Section 2.15:Major Subdivisions (3) The Planning Board shall vote on whether the development should proceed as a Conventional Development Option or as a Flexible Development Option. (a) If that vote approves the Development Option recommended by the Planning Director,the vote by the Planning Board is the final decision on whether the development proceeds as a Conventional Development Option or as a Flexible Development Option. (b) If the Planning Board vote is other than one approving the Development Plan Option recommended by the Planning Director,the application shall be forwarded to the Board of County Commissioners for a decision on whether the development shall proceed as a Conventional Development Option or as a Flexible Development Option. (4) If the Planning Board approves a Development Option subject to conditions,such conditions shall be reasonable and shall seek to ins- pensure compliance with applicable regulations. (5) If the Planning Board denies both Development Options,the reasons for the denial shall be stated in writing to the applicant and entered into the minutes of the meeting at which such action was taken. (6) If the Planning Board fails to take action within two regularly scheduled meetings, or extension thereof to a date certain,if such extension is agreed to by the applicant,the application shall be forwarded to the Board of County Commissioners with the Planning Board minutes and the Planning Director's recommendation. (G) Actions Subsequent to Approval (1) If a Concept Plan Development Option is approved or approved with conditions, the Planning Board Chair shall endorse the approval on three copies of the approved Development Option. Two copies of the approved Development Option shall be retained by the Planning Department,and one copy shall be returned to the subdivider or his/her authorized agent.One copy of the unapproved Development Option shall be retained by the Planning Department for its files. The unapproved Development Option shall be stamped"NOT APPROVED". (2) Upon approval of a Concept Plan Development Option by the Planning Board, the subdivider may then proceed with the preparation of a Preliminary Plat that is consistent with the approved Concept Plan. (3) The applicant shall have two years from the date of approval of the Concept Plan Development Option by the Planning Board to prepare and file an application for Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the specified time limit,the Concept Plan Development Option shall become null and void. 2.15.3 Preliminary Plat (A) Generally (1) Application and approval procedures specified in this sub-section apply to all Preliminary Plats except and to the extent that applicable Unified Development Ordinance application and approval procedures pertain. Orange County,North Carolina—Unified Development Ordinance Page 2-58 67 Article 2: Procedures Section 2.15:Major Subdivisions (2) The applicant of a major subdivision Subdivosion,Class A Special Use(Rural Designated er Urban Designated)er a Majer S bdiyisien Gend t anal Use ion Frei DesigRated er i irbaR Designated)may choose to vest the Preliminary Plat for a longer time period than is otherwise provided by this Section. If the applicant wishes to exercise this option,the application approval procedures requiFed fE)F Class A SpeGial Uses shall apply a6 6peGified in Seetien 2.5 of this hrdin a fer a Site Plan Speeiai i sein Section 2.5.5 shall apply. (3) These subdiViSiGRS ef land whiGh are a Class A SpeGial Use shall GGFnply with all niieahie r ante of this Ordinance (B) Application Requirements For every subdivision within the territorial jurisdiction established by Article 1 of this Ordinance,and which does not qualify for exempt or minor subdivision approval procedures,the subdivider shall submit a Preliminary Plat which shall be reviewed by the Planning Board and approved by the Board of Commissioners before any site disturbance,construction or installation of improvements may begin. (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) Major subdivision checklist form as prescribed by the Planning Department; (b) 25 copies of the Preliminary Plat of the proposed subdivision prepared in accordance with Section 7.14.2(B)of this Ordinance; (c) An Orange County Tax Map showing the location of the parcel to be subdivided; (d) A copy of the Preliminary Plat indicating the Health Department's soils analysis approval/denial for each lot shown thereon; (e) A written statement by the applicant or his/her authorized representative which sets forth the justification for a private road, if applicable; (f) Auxiliary documents,in draft form,prepared in accordance with Article 7 of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance, including,but not limited to: private road maintenance agreement, homeowner's association articles of incorporation,and homeowner's association restrictive covenants; (g) A statement describing the methods proposed to protect environmental resources identified in"An Inventory of Sites of Cultural, Historic, Recreational, Biological and Geological Significance in the Unincorporated Portions of Orange County"and"Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina";and (h) An Orange County Floodplain Development Permit,if applicable. (C) Planning Director Review Procedures (1) Upon acceptance of a preliminary plat application,the Planning Director shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. (2) Any required auxiliary documents shall be submitted by the Planning Director to the County Attorney for review and recommendation. (3) Upon receipt of a complete Preliminary Plat application,the Planning Director shall submit copies of the Preliminary Plat and any accompanying material to the following officials and agencies for review and comment: Orange County,North Carolina—Unified Development Ordinance Page 2-59 68 Article 2: Procedures Section 2.15:Major Subdivisions (2) All interested persons shall be given the opportunity to speak and ask questions regarding the application at the meeting. The Planning Board may place reasonable and fair limitations on comments,arguments and questions to avoid undue delay. (3) The Planning Board shall take action on the application solely on its findings of compliance with applicable regulations and conditions and shall recommend: (a) approval of the application; (b) approval with conditions;or (c) denial of the application. (4) If the Planning Board fails to take action within two regularly scheduled meetings, or extension thereof,if agreed to by the applicant,the application shall be forwarded to the Board of County Commissioners with the Planning Board minutes,and the Planning Director's recommendation,and any conditions. (5) If the Planning Board approves the application with conditions,such conditions shall be reasonable and shall seek tomensure compliance with applicable regulations and the provision of utilities and/or other facilities needed to serve the proposed development. (6) If the Planning Board recommends approval with conditions,the applicant may amend his/her application to conform to all or some of the conditions,provided the Planning Director reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the Planning Board recommendation. In such cases,the Planning Director may amend his/her report to conform to any or all of the Planning Board's recommendations. The Planning Director shall then forward his/her report and the Planning Board's recommendation to the Board of County Commissioners for consideration at its next available regularly sGhed ' business65 meeting. (7) The Planning Board shall also make a recommendation regarding a Resolution of Approval. The Resolution of Approval shall contain items on which clarity and direction to the applicant and/or developer may be necessary. These items include, but are not limited to: (a) Sewage disposal issues, (b) Roads and access issues, (c) Land use buffers and landscaping issues, (d) Drainage issues, (e) Parkland and recreation issues,and (f) Other environmental issues. (E) Board of County Commissioners Review and Approval Procedures (1) The Board of County Commissioners shall receive the Planning Director's report and the Planning Board's recommendation. (2) Preliminary Plat applications shall be placed on a Board of County Commissioners regularly GGhedu'P3 business meeting agenda within 90 days of the Planning Board recommendation. The Board of County Commissioners shall act upon the application within a reasonable amount of time. During deliberations and consideration of the application the Board of County Commissioners may include the reasons for the need for additional analysis and review. es Necessary to clarification on BOCC meeting s which were modified in recent years. Orange County,North Carolina—Unified Development Ordinance Page 2-61 69 Article 2: Procedures Section 2.15:Major Subdivisions (3) All interested persons shall be given the opportunity to speak and ask questions regarding the application at a Feglady sGheduledbusiness meeting. The Board of County Commissioners may place reasonable and fair limitations on comments,arguments and questions to avoid undue delay. The Board of Commissioners shall base its action on its findings of conformity with all applicable regulations and shall: (a) Approve the application; (b) Approve the application with conditions;or (c) Deny the application. (4) If the Board of County Commissioners approves the application with conditions, such conditions shall be reasonable and shall seek to insum ensure compliance with applicable regulations and the provision of utilities and/or other facilities needed to serve the proposed development. (5) If the Board of County Commissioners approves the application with conditions or denies the application,the reasons for such decision shall be stated in writing to the applicant and entered into the minutes of the meeting at which such action was taken. (6) The Board of County Commissioners shall also take action on the Resolution of Approval. (F) Actions Subsequent to Approval (1) Upon approval of the Preliminary Plat by the Board of County Commissioners, the subdivider may proceed with the preparation of the Final Plat,and the installation of or arrangement for required improvements in accordance with the approved Preliminary Plat and the requirements of this Ordinance. (2) If the application is approved or approved with conditions,the Planning Director may issue applicable development permits required to construct,install,and use improvements approved as part of the Preliminary Plat approval. (3) No building permits shall be issued to develop any lot or parcel shown on the approved Preliminary Plat until a Final Plat showing such lot or parcel is approved and recorded in compliance with Section 2.15.4. (4) If the applicant proposes to substantially amend or modify his/her application Preliminary Plat after the Board of County Commissioners have has approved the Preliminary Plat,the applicant shall submit an amended application for review as a new application. (5) The approval of a Preliminary Plat shall be effective for a period of one year from the date of approval by the Board of County Commissioners. By the end of said time period,approval of the Final Plat must have been obtained from the Planning Director,although the plat need not have been recorded in the Office of the Register of Deeds. (6) Any plat or portion thereof not receiving final plat approval within the time period set forth in(5)above shall be null and void except under the following conditions: (a) The subdivision is built in sections or phases,and a phasing plan was approved as part of the Preliminary Plat; (b) The period between the approval date of the Preliminary Plat and the approval date of the Final Plat for the first phase does not exceed one year;and Orange County,North Carolina—Unified Development Ordinance Page 2-62 70 Article 2: Procedures Section 2.15:Major Subdivisions (E) Review and Approval Procedures (1) Upon acceptance of a Final Plat application,the Planning Director shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. (2) Auxiliary documents as required by Article 7 shall be submitted by the Planning Director to the County Attorney for review and recommendation. (3) Upon receipt of the recommendation of the County Attorney,the Planning Director shall take action on an application solely on findings of conformity with all applicable regulations and shall: (a) Approve the application; (b) Approve the application with conditions;or (c) Deny the application. (4) If the Planning Director approves the application with conditions,such conditions shall be reasonable and shall seek to ensure compliance with applicable regulations. (5) If the Planning Director approves the application with conditions or denies the application,the reasons for such decision shall be stated in writing to the applicant. (F) Actions Subsequent to Approval (1) If the application is approved or approved with conditions,the applicant shall submit a reproducible mylar original of the Final Plat to the Planning Director for endorsement within one year of Final Plat approval. (2) The Planning Director shall obtain all required certification signatures and shall endorse approval of the approved Final Plat on the reproducible mylar original after all other certification signatures have been obtained.The Planning Director shall prepare the Declaration of Restrictions. (3) The Planning Director shall notify the applicant when all required certification signatures have been obtained and County Attorney review is complete. The applicant shall then make an appointment with the Planning Director to have the approved plat and any associated documents necessary to aura ensure conformance with regulations recorded in the Office of the Register of Deeds. The approved plat and any associated documents must be recorded within 90 days after the Planning Director's endorsement of approval. (4) The Planning Director shall accompany the applicant to the Register of Deeds Office to ensure the approved plat and any required documents are recorded in the correct order and to fill in the book and page references,where applicable. Documents shall be numbered in the order they are to be recorded. The order is as follows: (a) Approved plat, (b) Road Maintenance Agreement,if required, (c) Declaration of Restrictions, (d) Homeowners/Property Owners'Association documents, if required,and (e) Any other associated documents. (5) If the Final Plat is not recorded within the specified time period,the Final Plat is void. Orange County,North Carolina—Unified Development Ordinance Page 2-65 71 Article 2: Procedures Section 2.16:Subdivisions in the Economic Development,Commercial,and/or commercial-Industrial Nodes (6) The Planning Director may extend the deadline for recordation,provided the applicant can demonstrate a good faith effort to comply with the deadline,but for reasons beyond his/her control,fails to meet the requirements for recordation within the specified period. (7) All Final Plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section 7.14.3 of this Ordinance. (8) Recordation of the approved final plat,and any required auxiliary documentation shall be with the advice and consent of the Planning Director. 2.15.5 Certificate of Adequacy of Public School Facilities No approval of a major subdivision preliminary plat or a minor subdivision final plat for a residential development shall become effective unless and until a Certificate of Adequacy of Public School Facilities(CAPS)for the project has been issued by the relevant School District. See Section 6.19 for standards related to CAPS. SECTION .: SUBDIVISIONS IN THE ECONOMICDEVELOPMENT, COMMERCIAL, • ' COMM ERCIAL-IN DUSTRIAL NODES (A) All subdivisions in the Economic Development, Commercial and/or Commercial- Industrial Nodes,as identified in the Comprehensive Plan,shall submit an application in accordance with the requirements specified in Section 2.15.3(B). (B) Initial review of all subdivisions in the Economic Development,Commercial and/or Commercial-Industrial Nodes shall be performed by the Planning Department. (C) Following review by the Planning Department all subdivisions shall follow the major subdivision preliminary plat approval procedures specified in Section 2.15.3. (D) All roads in the Nodes identified in(A)above are required to be public and constructed to North Carolina Department of Transportation standards. (E) Final plat approvals shall follow the final plat approval procedures in Section 2.15.4. (F) Additional Requirements for Hillsborough Economic Development District:ss (1) When a^",�ZConditional District rezoning petition is approved,and the tract that is subject of said rezoning is proposed to be subdivided,all provisions of Article 7 shall be satisfied. (a) The applicant may obtain approval of the subdivision simultaneously with the approval of the rezoning if sufficient information(i.e. lot lines,lot size, etc)is shown on the site plan or at a later time. (b) The subdivision shall be consistent with the terms of the^^on„-o CZ and and SpeGiel Use Permit,Glass A (as a pliGable)that is approved 21eag with the ez N4k ggConditional District petition. (c) If the^"aster olaR a..rl Spe..iel Use Permit,Class A (as a pliGable)that is approved along yiath+he^non Gzapproyed Conditional District rezoning petition establishes density,floor area, impervious surface,or similar limitations on the tract that is rezoned or any portion thereof,the subdivision final plat that creates lots out of any portion of the tract so encumbered shall indicate on the face of the plat with respect to each lot such limitations or restrictions as are necessary to ensure compliance with the^Mastt—r Plan and ^non 'Conditional District rezoning approval. 66 The revisions in the subsection are necessary to conform the requirements to revisions in Article 3(Hillsborough EDD districts)and revisions to the SUP process(see Section 2.7). Orange County,North Carolina—Unified Development Ordinance Page 2-66 72 Article 2: Procedures Section 2.17:Vacation of Recorded Plats and Road Abandonment (i) For example,if the Master Plan or Site Plan associated with a MPD-C7Conditional District approval shows a ten-acre portion of the tract approved for retail development with a maximum floor area of 100,000 square feet,then if that ten acre area is subdivided,each lot so created shall show on the face of the plat the maximum building area that can be constructed on that lot. ABANDONMENTSECTION 2.17: VACATION OF RECORDED PLATS AND ROAD 2.17.1 Generally (A) Lots Unsold The owner of a parcel subject to an approved plat may vacate the plat at any time before any lot in the plat is sold.The plat is vacated when a signed,acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. (B) Lots Sold If lots in the plat have been sold or built upon,the plat,or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. 2.17.2 Initiation The owner or owners of lots in any approved subdivision must initiate a plat vacation by filing an application with the Planning Director. 2.17.3 Application Requirements (A) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (B) Applications shall include: (1) Copy of the approved/recorded plat, (2) A narrative outlining the reason(s)for the request, (3) A legal description of the total area sought to be altered or vacated, (4) A legal description of any easements or other similar restrictions affecting the property, (5) A list of those individuals,corporations,or other entities holding an ownership interest in the property, (6) Documentation denoting all encumbrances,including delinquent taxes or assessments,on the property at the time of application submittal, (7) If there is a street that has been dedicated to NC DOT for maintenance,the application shall contain a copy of a petition for abandonment of the street, (8) The legal documentation,including a revised development agreement and deed(s),necessary to complete the vacation process, (9) If the subdivision is subject to restrictive covenants,the applicant(s)will need to submit either revised covenants,including signed statements from property owner's agreeing to the change,denoting the lot(s)being vacated or legal documents extinguishing the existing covenants in the event the development as a whole is being abandoned, (10) Five copies of a plat denoting the lot(s)intended to be vacated,and Orange County,North Carolina—Unified Development Ordinance Page 2-67 73 Article 2: Procedures Section 2.22:Home Occupations SECTION • OCCUPATIONS 2.22.1 Application Requirements (A) An application for a Home Occupation Permit shall be filed with the Planning Director on forms provided by the Planning Department. (B) Application forms shall be prepared so that when completed a full and accurate description of the proposed use,including its location,appearance,and operational characteristics are disclosed. (C) An application for a minor home occupation shall include a plot plan that adheres to the requirements of Sections 2.4.3 and 5.5.34. (D) An application for a major home occupation shall require a Glass RSpecial Use Permit and adhere to the requirements of Sections 2.5.3,2.7,and 5.5.43. 2.22.2 Conditions of Approval (A) If conditions are attached to the approval of a permit,they may address deficiencies in meeting specific Ordinance requirements or they may address specific impacts which result from the operation of the home occupation. (B) If conditions address specific impacts which result from the operation of the home occupation,the conditions may include,but not be limited to the following limitations: (1) Hours of operation; (2) Number of vehicles to be parked on the premises; (3) The location of an accessory building,storage area or parking on the property. (C) The Planning Director may require greater setbacks and/or additional landscaping or screening to adequately screen the home occupation from adjoining properties. 2.22.3 Application Approval (A) If the application is approved,either with or without conditions,the Planning Director shall send the applicant a permit letter informing him/her of the approval and of the requirements of the Ordinance that apply to the home occupation. (B) The permit letter must be signed by the applicant to indicate his/her willingness to operate the home occupation in conformance with the requirements and conditions set forth in the permit letter. (C) Each permit letter shall be kept on file by the Planning Director and shall constitute the Home Occupation Permit for the particular use in question. (D) The home occupation may be operated by the applicant as long as it is operated in conformance with the requirements and conditions set forth in the permit letter. 2.22.4 Application Denial If the application is denied,the Planning Director shall notify the applicant of the denial and shall state the reasons for denial in writing. 2.22.5 Appeals The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set forth in Section 2.27. Orange County,North Carolina—Unified Development Ordinance Page 2-75 74 Article 2: Procedures Section 2.26:Appeals (1) The decision of the Planning Director regarding a Major Subdivision Final Plat application may be appealed to the Board of Commissioners. (2) The Board of Commissioners shall have final approval authority,and where applicable,all Final Plats shall contain information and/or conditions approved by the Board of Commissioners. (3) The Board of Commissioners in all such appeals shall make findings of fact in support of its decision. (4) The applicant shall be notified,in writing,of the Board of Commissioners' decision. 2.26.3 Planning Board Decisions (A) Major Subdivisions—Concept Plan (1) The decision of the Planning Board regarding Concept Plan Development Options may be appealed to the Board of Commissioners. (2) Any notice of appeal shall be filed,in writing,with the Planning Director within 15 days after the date of the Planning Board's decision. (3) If the appeal involves a plan/map approval, 16 copies of the plan/map shall be submitted along with the written appeal. (4) The Board of Commissioners shall have final approval authority,and,where applicable,all Concept Plan Development Options shall contain information and/or conditions approved by the Board of Commissioners. (5) The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.The applicant shall be notified,in writing,of the Board of Commissioners'decision within ten days after said decision is made. 2.26.4 Board of Adjustment Decisions (A) Every decision of the Board shall be subject to review at the request of any person who has standing as detailed within NCGS 160D-1401(c)46OA-3430)by the Superior Court by proceedings in the nature of certiorari. The appeal to Superior Court must be filed within 30 days of the availability of the notice of decision(2.12.5(A)). 2.26.5 Board of County Commissioners Decisions lniQUF I...r •al ne615iAn567 0)Quas, eeisiens made by the Beard f G,,WRty� ry;ssie �sprsuant to the Ordinance shall he s��hieet fe r at the r ect of any p8FSGR whe has ctan.dinn as detailed)..ii+hin A GGS 16 0A 393(d)by the SyperieF GeWt hPFGG .i eediRgG in the eat ure of eer+ierari (2)Theappeal to the Superior Goy in r.,ist he filed within 20 days of the filing of the decision of the Board of County Commissioners by the Planning Director or the dteliyeny of the netiee of the dJeeisien+e the n eliean+ whichever in later (t3)LLLegislative Decisions (1) Legislative decisions made by the Board of County Commissioners pursuant to the Ordinance shall be subject to review at the request of any aggrieved party by the Superior Court. (2) The appeal to the Superior Court must be filed from the date of adoption of said Ordinance within the prescribed period below: 67 Staff is recommending that the BOCC no longer make quasi-judicial decisions so this sub-section is no longer applicable. Orange County,North Carolina—Unified Development Ordinance Page 2-81 75 Article 2: Procedures Section 2.26:Appeals (a) 60 days in cases involving the appeal of an Ordinance amending the Zoning Atlas, (b) 1 year(365 days)in cases involving the appeal of an Ordinance ems^ten+amending the UDO, (c) 3 years(1,035 days)in cases involving an appeal based on an alleged defect in the adoption process of an Ordinance amending the UDO. 2.26.6 Water Supply Watershed Critical Area Boundary Line Appeal applications disputing the Planning Director's decision regarding the location of a Water Supply Watershed Critical Area boundary line shall be accompanied by: (A) A survey prepared by a North Carolina registered land surveyor or professional engineer depicting the differences between: (1) The locational criteria in Section 4.2, (2) The official Watershed map on file in the Planning Department,and (3) The boundary line the applicant asserts is correct. (B) A detailed explanation describing the differences in the three boundary lines contained in(A)above. 2.26.7 Flood Regulations (A) Any property owner who has received an order to take corrective action in accordance with Section 9.7 may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten business days following issuance of the final order. (B) The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm,or revoke the order. 2.26.8 Soil Erosion and Sedimentation Control (A) Appeal of Erosion Control Plan Except as provided in subsection(D)below,the appeal of a disapproval,approval with modifications,or approval with conditions of an Erosion Control Plan shall be governed by the following provisions: (1) The disapproval of,modification of,or conditions of approval attached to any proposed Erosion Control Plan by the Erosion Control Officer shall entitle the person submitting the plan to an appeal of the decision to the Orange County Planning Director. (2) If the Planning Director upholds the decision,the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval, modification,or conditions of approval. (B) Hearings (1) Orange County (a) This sub-subsection pertains to appeals for land-disturbing activities occurring outside the corporate limits of the Towns of Chapel Hill, Carrboro,and Hillsborough,and the City of Mebane. (b) Hearings held pursuant to this sub-subsection shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand,as provided for in(A)(2)above. Orange County,North Carolina—Unified Development Ordinance Page 2-82 76 Article 2: Procedures Section 2.26:Appeals (c) The Orange County Planning Board shall make recommendations to the Board of County Commissioners within 30 days after the date of the hearing on such Erosion Control Plan. (d) The Board of County Commissioners will render its final decision on any Erosion Control Plan appeal within 30 days of receipt of the Planning Board recommendation. (2) Other than Orange County (a) This sub-subsection pertains to appeals for land-disturbing activities occurring within the corporate limits of the Towns of Chapel Hill, Carrboro,and Hillsborough,and the City of Mebane. (b) Hearings held pursuant to this sub-subsection shall be conducted by a designated agency of the appropriate town or city board within 30 days after receipt of written demand,as provided for in(A)(2)above. (c) The said designated agency shall make recommendations to the appropriate town or city board within 30 days after the date of the hearing on such Erosion Control Plan. (d) The said appropriate town or city board will render its final decision on any Erosion Control Plan appeal within 30 days of the receipt of the recommendations from the said designated agency conducting the hearing. (C) Appeal from Local Government's Decision If the local governing body upholds the disapproval,modification,or conditions of approval of a proposed Erosion Control Plan following the public hearing,the applicant shall be entitled to appeal the local government's action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c)of the General Statutes and Title 15A NCAC 413.0118. (D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Past Performance The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of this Ordinance directly to the North Carolina Sedimentation Control Commission. (E) Appeal of Land-Disturbing Stop Work Order (1) The person conducting the land-disturbing activity may appeal a stop work order to the Board of County Commissioners within a period of five days after the order is issued. (2) Notice of the appeal shall be given in writing to the Board of County Commissioners,with a copy to the Erosion Control Officer. (3) The Board of County Commissioners shall conduct a hearing at their next scheduled regalaFbusiness68 meeting at which the appellant and the Erosion Control Officer or Inspector shall be permitted to submit relevant evidence,and shall rule on the appeal as expeditiously as possible. (4) Pending the ruling by the Board of County Commissioners on an appeal, no further work shall take place in violation of a stop work order. 2.26.9 Stormwater Management Plan (A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan shall be made to the Orange County Planning Director. "Conforming to updated term for BOCC meetings. Orange County,North Carolina—Unified Development Ordinance Page 2-83 77 Article 2: Procedures Section 2.26:Appeals (B) If the Planning Director upholds the decision,the applicant shall be entitled to a public hearing if the applicant submits written demand for a hearing within 15 days after receipt of written notice of disapproval, modification,or conditions of approval. (C) The hearing shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand for a hearing. (D) The Orange County Planning Board shall make recommendations to the Board of County Commissioners within 30 days after the date of the hearing. (E) The Board of County Commissioners shall render its final decision on any stormwater management plan upon which a hearing is requested within 30 days of receipt of the recommendations from the Planning Board. 2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Provisions (A) The person conducting the development activity may appeal a stop work order to the Board of County Commissioners within a period of five days after the order is issued. (B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with a copy to the Erosion Control Officer. (C) The Board of County Commissioners shall conduct a hearing at their next scheduled reg44r-business69 meeting at which the appellant and the Erosion Control Officer or Inspector shall be permitted to submit relevant evidence,and shall rule on the appeal as expeditiously as possible. (D) Pending the ruling by the Board of County Commissioners on an appeal, no further work shall take place in violation of a stop work order. 2.26.11 Appeals from Final Decisions Regarding Soil Erosion and Sedimentation Control Civil Penalties (A) Appeal from Board of County Commissioners or Other Governing Body Decisions Appeal from the final decision of the governing body regarding civil penalties assessed for violations of the soil erosion and sedimentation control provisions of this Ordinance shall be to the Superior Court of the county where the violation occurred,or in the county where the violator's residence or principal place of business is located. "Conforming to updated term for BOCC meetings. Orange County,North Carolina—Unified Development Ordinance Page 2-84 78 ARTICLE 3: BASE ZONING DISTRICTS SECTION Division of lands under Orange County planning jurisdiction is intended to implement the policies contained in the Orange County 2030 Comprehensive Plan,adopted on November 18,2008,and amended from time to time. The previous Orange County Comprehensive Plan was adopted on September 2, 1981,and amended from time to time. The Land Use Element of the 2030 Comprehensive Plan identifies land use categories in which specific types of development are encouraged and a map depicting the geographic locations of the various land use categories. The 2030 Comprehensive Plan contains a matrix identifying which zoning districts are compatible with each land use category. •N 3.2: REQUIRED CONFORMANCE • DISTRICT REGULATIONS AND PROJECTS APPROVED • 3.2.1 Required Conformance to District Regulations Except as otherwise provided in this Ordinance, no structure or land shall hereafter be used or occupied,and no structure,or part thereof,shall be altered,moved,erected,or built except in conformity with the regulations herein specified for the Zoning District in which the structure or land is located. 3.2.2 Projects Approved as Planned Developments or Conditional Use Districts (A) Projects approved as one of the Planned Development(PD)zoning districts(zoning districts included in the former Zoning Ordinance but no longer used)or as a Conditional Use District may continue to function under the terms and conditions approved in the Class A Special Use Permit issued as part of the Planned Development or Conditional Use District approval. (B) Planned Development(PD)and Conditional Use districts shall continue to be depicted on the Zoning Atlas but in no case shall lands be rezoned to PD or CUD in the future. Orange County,North Carolina—Unified Development Ordinance Page 3-1 79 Article 3: Base Zoning Districts Section 3.3:Residential Districts • DIMENSIONALRB RATIO STANDARDS RURAL MM (square feet) Flexible Development Subdivision 40,000 Process Section 7.12 PURPOSE Lot Width,min. 130 The purpose of the Rural Buffer(RB)District is to provide (feet) locations for rural residential developments and agricultural, silvicultural or horticultural uses which serve to buffer or separate Front Setback from 40[1] more intensively planned and/or developed portions of Orange ROW,min.(feet) County. Development within the Rural Buffer(RB)District is at very low densities(the minimum lot size per dwelling unit is two Corner Side acres)and relies on individual wells and ground absorption systems for domestic water supply and sewage disposal, Setback,min. 40[2] respectively. (feet) APPLICABILITY Side Setback,min. 20[1] (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. 20[1] (feet) 1. Designated by the adopted Comprehensive Plan as Rural Buffer or by the adopted Joint Planning Area Land Use Plan as Rural Residential or both. Height,max.(feet) 25[3] 2. Urban services,including water distribution and sewage collection mains,are not likely within 10-20 years. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, RR[q 0 [1]Accessory structures shall not be erected in any required front max. O 70 NR_CU .100-[5] open space and shall also conform to all other regulations. R-Cl[2]Any corner lot having an abutting interior lot on its side street Required Open shall observe a front yard setback from both streets provided, Space Ratio,min. NR .84 however,that this requirement does not reduce the width suitable NR-GU for a building on said lot to less than 25 feet. (See graphic in Required Livabi ty Section 6.2.7). Spare in. i [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Required R .028 [4]R=residential,NR=non-residential,GIJ-GGRditional use Recreation Space -034 [5]Permitted non-residential uses existing as of 5/6/98 shall be Ratio,min. R OU limited to a maximum floor area ratio of.141 in the RB,AR,R-1, R CU ,fin R-2,R-3,and R-4 zoning districts. _ OR.(square feet) NR CU 240 70 Staff recommends that the necessity of all of the ratios in the charts in this Article be studied as part of a future project. Many,if not all,of the ratios are obsolete,given other development requirements in the LIDO. 71 Throughout the charts in this Article,references to the former CU district are being deleted. Project review/approval will now be processed as a new conditional district(see Section 3.8). Orange County,North Carolina-Unified Development Ordinance Page 3-2 80 Article 3: Base Zoning Districts Section 3.3:Residential Districts Required Pedestrian/ NR 21 Landscape Ratio, NR GW min. DEVELOPMENTRB DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the RB District in Section 5.2,unless a Conditional r MRD—ram_District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 87,120 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Regardless of subdivision process and reductions allowed in Section 7.12,of this Ordinance,lot(s)within the RB general useconventional zoning district shall not be reduced below 1 acre in area.For Subdivisions utilizing the Flexible Development Option,the required wastewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed open space areas,and as further defined in NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01.Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space. 6. With the exception of Orange County government development projects,wastewater treatment facilities with a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage disposal are prohibited in the RB zoning district unless approved through the c...,Gial Use PeFFnit(SUP) a Conditional-District. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. The'Village Option'for a flexible development is not permitted in the RB district. 8. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non- conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-3 81 Article 3: Base Zoning Districts Section 3.3:Residential Districts . . Conventional Subdivision 40,000 Process Article 7 Proposed Open Allowable Space Lot Size Lot Size,min. Flexible within (sq.ft.) (square feet) subdivision Development 33% 40,000 Subdivision Process 40% 30,000 (Section 7.2) 45% 20,000 50% 15,000 60%and 10,000 over Conventional • Subdivision Process Lot Width,min. (Article 7) (feet) Flexible Process(SectDevelopment 100oni The purpose of the Agricultural Residential(AR)District is 7.12) to assist in the preservation of land suitable,as a result of location,existing farming operations,soils and Front Setback topography,for agricultural,silvicultural or horticultural from ROW,min. 40[1][6] uses and to protect such uses from the adverse effects of (feet) incompatible land uses. Corner Side Setback,min. 40[2][6] (feet) APPLICABILITY Side Setback, 20[1][6] min.(feet) This district will usually be applied where the following conditions exist: Rear Setback, 20[1][6] min.(feet) 1. Designated by the adopted Comprehensive Plan as Agricultural Residential. 2. Urban services,including water distribution and Height,max. 25[3] sewage collection mains,are not likely within 10-20 (feet) ears. DIMENSIONAL STANDARDS NOTES: -.058 [1]Accessory structures shall not be erected in any Floor Area Ratio, NRL41 .088[5] required front open space and shall also conform to all max. other regulations. faR CU [2]Any corner lot having an abutting interior lot on its side Required Open R-CU street shall observe a front yard setback from both streets Space Ratio, NR .84 provided,however,that this requirement does not reduce min. NR-CU the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3]Two feet of additional height shall be allowed for one R-GU foot increase of the required front and side setbacks. Ratie,'" [4]R=residential,NR=non-residential,CU-conditional Required R .028 use Recreation [5]Permitted non-residential uses existing as of 5/6/98 Space Ratio, R Gil 4)34 shall be limited to a maximum floor area ratio of.141 in min. Orange County,North Carolina-Unified Development Ordinance Page 3-4 82 Article 3: Base Zoning Districts Section 3.3:Residential Districts the RB,AR,R-1,R-2,R-3,and R-4 zoning districts. [6]Required setbacks for lots created through the Flexible 8A 000 Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25%with the 7qd preservation of more than 33%open space for the NR 21 project.Under no circumstances shall any required tio, NR Sl3setback be less than 10 feet. • DISTRICT SPECIFIC DEVELOPMENTSTANDARDS 1. Uses shall be restricted to those indicated for the AR District in Section 5.2,unless a Conditional Use(CU)er MRD-CZ District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 40,000 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet.For Subdivisions utilizing the Flexible Development Option,the required wastewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed open space areas,and as further defined in NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01.Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space. Please refer to Section 7.12 for more information. 6. With the exception of Orange County government development projects,wastewater treatment facilities with a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage disposal are prohibited in the AR zoning district unless approved through the SpeGial Use Permit(SUP)piGGess Condotmena a Conditional-District. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 8. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non- conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-5 83 Article 3: Base Zoning Districts Section 3.3:Residential Districts • • • •­• Conventional Subdivision 40,000 Process Article 7 Proposed Allowable Lot Size,min. Flexible Open Minimum (square feet) Development S ace Lot Size 33-39 Subdivision /0 40,000 Process 40-44% 30,000 (Section 45 49% 20,000 712) 50-59% 15,000 60%and 10,000 over r—Conventional • Subdivision Vow Process Article 7 Lot Width,min. Flexible (feet) Development The purpose of the Rural Residential(R-1)District is to Subdivision 100 Process(Section provide locations for rural non-farm residential development,at very low intensities,in areas where the 7.12 short and long-term solutions to domestic water supply Front Setback from and sewage disposal shall be individual wells and ROW,min.(feet) 40[1][6] ground absorption system. Corner Side 40[2][6] Setback,min.(feet) Side Setback,min. 20[1][6] (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. 20[1][6] (feet) 1. Designated by the adopted Comprehensive Plan as Rural Residential. 2. Urban services,including water distribution and Height,max.(feet) 25[3] sewage collection mains,are not likely within 10-20 ears. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, NRI441 .088[5] [1]Accessory structures shall not be erected in any max. required front open space and shall also conform to all NR SLR other regulations. R 61 [2]Any corner lot having an abutting interior lot on its Required Open -NR .84 side street shall observe a front yard setback from both Space Ratio,min. NR-Ol I streets provided,however,that this requirement does not reduce the width suitable for a building on said lot to Requ red Livability less than 25 feet. (See graphic in Section 6.2.7). SpaG CU 75 [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Required R .028 [4]R=residential,NR=non-residential;6LJ- Recreation Space nanditieaafuse Ratio,min. R-Gil .031 [5]Permitted non-residential uses existing as of 5/6/98 n.,.��L and n e shall be limited to a maximum floor area ratio of.141 in (square fee+fee+ 89 098 the RB,AR,R-1,R-2,R-3,and R-4 zoning districts. 0 [6]Required setbacks for lots created through the Required Flexible Development design process as detailed in Pedestrian/ NR Section 7.12 of this Ordinance may be reduced by 25% Landscape Ratio, NR S13 .21 with the preservation of more than 33%open space for min. Orange County,North Carolina-Unified Development Ordinance Page 3-6 84 Article 3: Base Zoning Districts Section 3.3:Residential Districts the project.Under no circumstances shall any required setback be less than 10 feet. DEVELOPMENTR-1 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the R-1 District in Section 5.2,unless a Conditional Use(GIJ)er ^",,PD-C-C7-C7 District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 40,000 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. For Subdivisions utilizing the Flexible Development Option,the required wastewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed open space areas,and as further defined in NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01.Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space. Please refer to Section 7.12 for more information. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non- conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-7 85 Article 3: Base Zoning Districts Section 3.3:Residential Districts - 611010 Fil W-11 0 10 • I I,•I Conventional Subdivision 20,000 Process Article 7 Proposed Allowable Lot Size,min. Flexible Open minimum (square feet) Development Space lot size Subdivision 33-49% 20,000 Process (Section 50-59% 15,000 7.12) 60%and 10,000 over 9EEEjjWHVe11L1QF1a�iIIIIIIIIIIIIIIIIIII • Subdivision Process Lot Width,min. Article 7 ) 71 (feet) Flexible Development 70 The purpose of the Low Intensity Residential(R-2)District is Subdivision Process to provide locations for low intensity residential development Section 7.12 and supporting recreational,community service and Front Setback educational uses in areas where urban services are from ROW,min. 30[1][6] available or are to be provided as part of the development feet process. Corner Side Setback,min. 30[2][6] feet Side Setback, 15[1][6 min.(feet) This district will usually be applied where the following conditions exist: Rear Setback, 1. Designated by the adopted Comprehensive Plan as a min.(feet) 15[1][6] Transition Area,which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. Height,max.(feet) 25[3] 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, R CU[4] [1]Accessory structures shall not be erected in any required max. NRJ441 .088[5] front open space and shall also conform to all other regulations. PJR Cal a fl [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets Required Open ISIR-CU provided,however,that this requirement does not reduce Space Ratio,min. the width suitable for a building on said lot to less than 25 NR .83 feet. (See graphic in Section 6.2.7). [3]Two feet of additional height shall be allowed for one foot .70 Al increase of the required front and side setbacks. [4]R=residential,NR=non-residential;6d=seaditieaal Required R .056 use. Recreation Space R GD9 [5]Permitted non-residential uses existing as of 5/6/98 shall Ratio,min. be limited to a maximum floor area ratio of.141 in the RB, GrAss Land n �� AR,R-1,R-2,R-3,and R-4 zoning districts. R.(square feet) NR CU [6]Required setbacks for lots created through the Flexible Orange County,North Carolina—Unified Development Ordinance Page 3-8 86 Article 3: Base Zoning Districts Section 3.3:Residential Districts Development design process as detailed in Section 7.12 of Required NR .208 this Ordinance may be reduced by 25/o with the Pedestrian/ preservation of more than 33%open space for the project. Landscape Ratio, Under no circumstances shall any required setback be less NR-Sl I than 10 feet. min. DEVELOPMENTR-2 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the R-2 District in Section 5.2,unless a Conditional Use-(CU)-er--MP-D- SZ District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 20,000 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. For Subdivisions utilizing the Flexible Development Option,the required wastewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed open space areas.Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space.Please refer to Section 7.12 for more information. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-9 87 Article 3: Base Zoning Districts Section 3.3:Residential Districts - oil L111=10161• MR I I • A•I Conventional Subdivision 15,000 Process Article 7 Lot Size,min. Proposed Allowable (square feet) Flexible Open Minimum Lot Development Space Size Subdivision 33-59% 15,000 Process (Section 7.12) 60%and 10,000 over Conventional • • Subdivision Process Lot Width,min. Article 7 (feet) Flexible Development The purpose of the Medium Intensity Residential(R-3) Subdivision Process 70 District is to provide locations for moderate intensity section 7.12 residential development and supporting recreational, Front Setback community service and educational uses in areas where from ROW, 30[1][6] urban services are available or are to be provided as part min.(feet) of the development process. Corner Side Setback,min. 30[2][6] feet APPLICABILITYSide Setback, 15[1][6] min.(feet) This district will usually be applied where the following conditions exist: Rear Setback, min.(feet) 15[1][6] 1. Designated by the adopted Comprehensive Plan as a Transition Area,which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. Height,max. 25[3] (feet) 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: 4] 4C [1]Accessory structures shall not be erected in any Floor Area NRL4] .088[5] required front open space and shall also conform to all Ratio,max. other regulations. NR-CU 49 3 [2]Any corner lot having an abutting interior lot on its side R-Cl4 street shall observe a front yard setback from both streets Required Open NR-Cu -.80 provided,however,that this requirement does not reduce Space Ratio, the width suitable for a building on said lot to less than 25 min. NR .81 feet. (See graphic in Section 6.2.7). [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. �paee_Ratfa R 0 �5 [4]R=residential,NR=non-residential;GI JJ=Gonditional use. Required [5]Permitted non-residential uses existing as of 5/6/98 Recreation R .074 shall be limited to a maximum floor area ratio of.141 in the Space Ratio, RB,AR,R-1,R-2,R-3,and R-4 zoning districts. R Gld [6]Required setbacks for lots created through the Flexible min. Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25%with the Fee, preservation of more than 33%open space for the project. Orange County,North Carolina—Unified Development Ordinance Page 3-10 88 Article 3: Base Zoning Districts Section 3.3:Residential Districts Under no circumstances shall any required setback be less Required NR .203 than 10 feet. Pedestrian/ Landscape NIA-Sl4 -.2S Ratio,min. DEVELOPMENTR-3 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the R-3 District in Section 5.2,unless a Conditional District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 15,000 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 7. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-11 89 Article 3: Base Zoning Districts Section 3.3:Residential Districts I DIMENSIONAL AND RATIO STANDARDS MEDIUM INTENSITY Lot Size,min.(square RESIDENTIAL feet) 10,000 PURPOSE Lot Width,min.(feet) 75 The purpose of the Medium Intensity Residential(R-4)District is to provide locations for moderate intensity residential Front Setback from 25[1] development and supporting recreational,community service ROW,min.(feet) and educational uses in areas where urban services are available s. or are to be provided as part of the developmentproce Corner Side Setback, 25[2] min.(feet) APPLICABILITY Side Setback,min. 10[1] (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. 1. Designated by the adopted Comprehensive Plan as a (feet) 10[1] Transition Area,which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. Height,max.(feet) 25[3] 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. .44 Floor Area Ratio,max. NRL4] .123[5] DIMENSIONAL STANDARDS NOTES: NR-GI [1]Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. R-GU [2]Any corner lot having an abutting interior lot on its side street Required Open Space NR OU shall observe a front yard setback from both streets provided, Ratio,min. however,that this requirement does not reduce the width NR .79 suitable for a building on said lot to less than 25 feet. (See R-GI I _554 graphic in Section 6.2.7). Spa [3]Two feet of additional height shall be allowed for one foot R 111 increase of the required front and side setbacks. Required Recreation [4]R=residential,NR=non-residential; -nonditienal use. Space Ratio,min. R-GU .';T^ [5]Permitted non-residential uses existing as of 5/6/98 shall be o_ri�nio_ limited to a maximum floor area ratio of.141 in the RB,AR,R-1, Std R-2,R-3,and R-4 zoning districts. NR .198 Required Pedestrian/ Landscape Ratio,min. NR-GI 4-95 DEVELOPMENTR-4 DISTRICT SPECIFIC •D 1. Uses shall be restricted to those indicated for the R-4 District in Section 5.2,unless a Conditional Use(GIJ)or MRD S.District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 10,000 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is Orange County,North Carolina-Unified Development Ordinance Page 3-12 90 Article 3: Base Zoning Districts Section 3.3:Residential Districts located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 7. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-13 91 Article 3: Base Zoning Districts Section 3.3:Residential Districts DIMENSIONAL • STANDARDS HIGH INTENSITY RESIDENTIAL Lot Size,min.(square 7 500 feet) PURPOSE Lot Width,min.(feet) 50 The purpose of the High Intensity Residential(R-5)District is to provide locations for high intensity residential development and supporting recreational community,service,or educational uses Front Setback from 20[1] in areas where the full range urban services are available. ROW,min.(feet) It is further intended that these districts be used to promote economically mixed housing developments and to contribute to Corner Side Setback, 20[2] the provision of a range of housing types for lower income min.(feet) households. APPLICABILITY Side Setback,min. 10[1] (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. 1. Designated by the adopted Comprehensive Plan as a (feet) 10[1] Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 years,or within the Chapel Hill Joint Planning Area located at an Activity Node designated by the adopted Comprehensive Plan. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street Height,max.(feet) 25[3] certified either arterial or collector as designated by the adopted Comprehensive Plan. 4. The full range of urban services exist or are proposed at the time of the development including fire,police,recreation, education,commercial and cultural activities. [4] .174 Floor Area Ratio,max. NR IR- GII -299 N#i---SDI DIMENSIONAL STANDARDS NOTES: R .77 [1]Accessory structures shall not be erected in any required Required Open Space NR front open space and shall also conform to all other regulations. Ratio,min. R-GId — [2]Any corner lot having an abutting interior lot on its side street NFL CU shall observe a front yard setback from both streets provided, equired Livability R however,that this requirement does not reduce the width Space Ratio,min. R CU 52 suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Required Recreation R .197 [3]Two feet of additional height shall be allowed for one foot Space Ratio,min. R GU Ogg increase of the required front and side setbacks. [4]R=residential,NR=non-residential; - Q:essL and Are, MiR. #R-GU 40,000 NIR GI I Required Pedestrian/ NR .195 Landscape Ratio,min. NR-GU 49 DEVELOPMENTR-5 DISTRICT SPECIFIC D•-D 1. Uses shall be restricted to those indicated for the R-5 District in Section 5.2,unless a Conditional Orange County,North Carolina-Unified Development Ordinance Page 3-14 92 Article 3: Base Zoning Districts Section 3.3:Residential Districts SZ District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 7,500 square feet,the density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 7. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-15 93 Article 3: Base Zoning Districts Section 3.3:Residential Districts • DIMENSIONAL AND RATIO STANDARDS HIGH INTENSITY RESIDENTIAL Lot Size,min.(square 5,000 feet) PURPOSE Lot Width,min.(feet) 50 The purpose of the High Intensity Residential(R-8)District is to provide locations for high intensity residential development and supporting recreational community,service,or educational uses Front Setback from 20[1] in areas where the full range urban services are available. ROW,min.(feet) It is further intended that these districts be used to promote economically mixed housing developments and to contribute to Corner Side Setback, 20[2] the provision of a range of housing types for lower income min.(feet) households. APPLICABILITY Side Setback,min. 8[1] (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. 1. Designated by the adopted Comprehensive Plan as a (feet) 8[1] Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 years,or within the Chapel Hill Joint Planning Area located at an Activity Node designated by the adopted Comprehensive Plan. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street Height,max.(feet) 25[3] certified either arterial or collector as designated by the adopted Comprehensive Plan. 4. The full range of urban services exist or are proposed at the time of the development including fire,police,recreation, education,commercial and cultural activities. 4] .246 Floor Area Ratio,max. NR R GW DIMENSIONAL STANDARDS NOTES: NR-SU [1]Accessory structures shall not be erected in any required Required Open Space R NR .75 front open space and shall also conform to all other regulations. Ratio,min. R OU a4 [2]Any corner lot having an abutting interior lot on its side street NR-0 1 shall observe a front yard setback from both streets provided, Required Livability R .49 however,that this requirement does not reduce the width Space Ratio,min. RGU 48 suitable for a building on said lot to less than 25 feet. (See R 296 graphic in Section 6.2.7). Required Recreation [3]Two feet of additional height shall be allowed for one foot Space Ratio,min. R-CU egg increase of the required front and side setbacks. r_r,.';';L ARd Are R [4]R=residential,NR=non-residential; - c � NR�GU 7;OGO Required Pedestrian/ NR .088 Landscape Ratio,min. NR Gtd 495 DEVELOPMENTR-8 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the R-8 District in Section 5.2,unless a Conditional Use(GU)or MRB GZ District is approved(see Section 3.8). 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all Orange County,North Carolina-Unified Development Ordinance Page 3-16 94 Article 3: Base Zoning Districts Section 3.3:Residential Districts DIMENSIONAL •STANDARDS HIGH INTENSITY RESIDENTIAL Lot Size,min.(square 3,000 feet) PURPOSE Lot Width,min.(feet) 50 The purpose of the High Intensity Residential(R-1 3)District is to provide locations for high intensity residential development and supporting recreational community,service,or educational Front Setback from 20[1] uses in areas where the full range urban services are available. ROW,min.(feet) It is further intended that these districts be used to promote economically mixed housing developments and to contribute to Corner Side Setback, 20[2] the provision of a range of housing types for lower income min.(feet) households. APPLICABILITY Side Setback,min. 8[1] (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. 1. Designated by the adopted Comprehensive Plan as a (feet) 8[1] Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 years,or within the Chapel Hill Joint Planning Area located at an Activity Node designated by the adopted Comprehensive Plan. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street Height,max.(feet) 25[3] certified either arterial or collector as designated by the adopted Comprehensive Plan. 4. The full range of urban services exist or are proposed at the time of the development including fire,police,recreation, education,commercial and cultural activities. 'iWR[4] .348 Floor Area Ratio,max. R__CU DIMENSIONAL STANDARDS NOTES: tSIR--GIJ [1]Accessory structures shall not be erected in any required Required Open Space R R CU 72 front open space and shall also conform to all other regulations. Ratio,min. t 1R CU [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, rRequired Livability R however,that this requirement does not reduce the width Space Ratio,min. OIL- suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Required Recreation R .494 [3]Two feet of additional height shall be allowed for one foot Space Ratio,min. R CU 4-97 increase of the required front and side setbacks. G, and Are A. R 6U [4]R=residential,NR=non-residential;G"—GORditional NR-CU Required Pedestri INR GU 48 DEVELOPMENTLandscape Rat o,nun, R-13 DISTRICT SPECIFIC -D 1. Uses shall be restricted to those indicated for the R-13 District in Section 5.2,unless a Conditional Use(GL1)eF MRB- GZ District is approved see Section 3.8). Orange County,North Carolina—Unified Development Ordinance Page 3-18 95 Article 3: Base Zoning Districts Section 3.3:Residential Districts 3 2.Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 4.3.The density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 5-A.Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 65.Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7--.6.Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9-. The storage ofjunked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use. Orange County,North Carolina—Unified Development Ordinance Page 3-19 96 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts SECTIONCOMMERCIAL DIMENSIONAL • STANDARDS LOCAL COMMERCIAL Lot Size,min.(square feet) None[1] PURPOSE Lot Width,min.(feet) 75 The purpose of the Local Commercial-1(LC-1)District is to provide appropriately located and sized sites for Front Setback from ROW, limited commercial uses designed to serve a population min.(feet) 15 at the neighborhood and rural level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. Side Setback,min.(feet) 15[2] APPLICABILITY Rear Setback,min.(feet) 15[2] Height,max. (feet),if located 25[3] This district will usually be applied where the following outside or CITAN conditions exist: Height,max.(feet),if located 35[3] 1. Site is located within areas designated by the adopted within a CTAN or CITAN Comprehensive Plan as either a Commercial Transition Activity Node(CTAN),a Commercial-Industrial Transition R r� .100 Activity Node(CITAN),a Rural Community Activity Node Floor Area Ratio,max.,1 NRI441 or a Rural Neighborhood Activity Node. located outside of a CTAN or CITAN NR CU 445 2. Uses would serve a market area population confined to the immediate area and would generally not serve R CU commuters or persons outside the surrounding Floor Area Ratio,max.,if NR .40 neighborhood. located within a CTAN or CITAN NR CU 45 Required pen Space Ratio, R-CU 80 min.,if located outside of a NR CTAN or CITAN F Nay .79 Required Open Space Ratio, min.,if located within a CTAN 55 or CITAN DIMENSIONAL STANDARDS NOTES: Require iva ility Spac Ratio,min. [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. Required Recreation Space R .074 [2]Required side and rear setbacks adjacent to Ratio,min. R CU n'' residentially zoned land shall be equal to the required 5-000/ side or rear setback of the adjacent residential district. �.� ,�� R-GId [3]Two feet of additional height shall be allowed for one Gros o ndn.o m R.imax. Wane foot increase of the required front and side setbacks. ("q"aF`feet) NR-CU none [4]R=residential,NR=non-residential;Ste= 42-; conditional_use. Required Pedestrian/ NR .20 Landscape Ratio,min.,if located outside of a CTAN or ply 4-99 CITAN Required Pedestrian/ Landscape Ratio,min.,if NR located within a CTAN or NR-CU CITAN Orange County,North Carolina—Unified Development Ordinance Page 3-20 97 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts DEVELOPMENTLC-1 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the LC-1 District in Section 5.2,unless a Conditional Use(CU) r n4120 r Z District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. The maximum amount of land zoned LC-1 within Rural Community Activity Nodes shall be limited to ten acres with a five acre limitation imposed within other Nodes,specifically Rural Neighborhood and Rural Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node has reached capacity,additional rezoning may be possible through the submittal,processing,and approval of a Conditional Use-District in accordance with the provisions of this Ordinance. Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5} r as a Conditional District. 10. All sites designated LC-1 shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 3-21 98 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts DIMENSIONALD - •STANDARDS NEIGHBORHOOD Lot Size,min.(square feet) 2,000[1] COMMERCIAL PURPOSE Lot Width,min.(feet) 20 The purpose of the Neighborhood Commercial-2(NC-2) District is to provide appropriately located and sized sites for Front Setback from ROW, limited commercial uses designed to serve a population at min.(feet) 50 the neighborhood and rural level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the lot boundaries of the use. Side Setback,min.(feet) None[2] APPLICABILITY This district will usually be applied where the following conditions exist: Rear Setback,min.(feet) None[2] 1. Located within areas designated by the adopted Comprehensive Plan as either a Commercial Transition Activity Node(CTAN),Commercial-Industrial Transition Activity Node(CITAN),Rural Neighborhood Activity Node,or Height,max.(feet) 35[3] Rural Community Activity Node. 2. Uses would serve a market area population confined to Floor Area Ratio,max.,if NR� .200 the immediate area and would generally not serve located outside of a CTAN commuters or persons outside the surrounding or CITAN ISIR QU —.130 neighborhood. Floor Area Ratio,max.,if C .40 located within a CTAN or NR CITAN NR-Sl3 45 Required Open Space R-01 76 Ratio,min.,if located NR outside of a CTAN or NR-GI 1 a5 CITAN Ak Required Open Space DIMENSIONAL STANDARDS NOTES: Ratio,min.,if located .55 [1]Lot size for individual uses shall be appropriate to the within a CTAN or CITAN method of water supply and sewage disposal. Required Livability Space [2]Required side and rear setbacks adjacent to residentially Ratio,min. R-GI I zoned land shall be equal to the required side or rear setback of the adjacent residential district. Required Recreation R .111 [3]Two feet of additional height shall be allowed for one foot Space Ratio,min. R-Cu -.114 increase of the required front and side setbacks. 5-0001 [4]R=residential,NR=non-residential;GIJ=Genditienal G"""' Rd n ea R SU use R: u^ none RP 424,344 Required Pedestrian/ NR .19 Landscape Ratio,min.,if located outside of a CTAN or CITAN Required Pedestrian/ Landscape Ratio,min.,if NP 05 located within a CTAN or CITAN Orange County,North Carolina—Unified Development Ordinance Page 3-22 99 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts DEVELOPMENTNC-2 DISTRICT SPECIFIC D•-D 1. Uses shall be restricted to those indicated for the NC-2 District in Section 5.2,unless a Conditional Use(GU) r n4120 GZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. The maximum amount of land zoned NC-2 within Rural Community Activity Nodes shall be limited to ten acres with a five acre limitation imposed within other Nodes,specifically Rural Neighborhood and Rural Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node has reached capacity,additional rezoning may be possible through the submittal,processing,and approval of a Conditional Use District in accordance with the provisions of this Ordinance. Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5`,GGRditie al Use(G ) eF Neon GZor as a Conditional District. 10. All sites designated NC-2 shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 3-23 100 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts DIMENSIONAL • - • STANDARDS COMMUNITY Lot Size,min.(square COMMERCIAL feet) 2,000[1] PURPOSE Lot Width,min.(feet) 20 The purpose of the Community Commercial-3(CC 3)District is to provide suitably located and sized sites for commercial,office Front Setback from ROW, 50 and service uses designed to serve a county-level market area. min.(feet) Performance standards will be used to insure the absence of adverse impacts beyond the zoning district boundaries of the use. Side Setback,min.(feet) None[2] APPLICABILITY This district will usually be applied where the following conditions exist: Rear Setback,min.(feet) None[2] 1. Existing community commercial type developments on sites that are within areas designated by the adopted Comprehensive Height,max.(feet) 45[3] Plan as a Commercial Transition Activity Node(CTAN)or Commercial-Industrial Transition Activity Node(CITAN). 2. In the Chapel Hill Joint Planning Transition area,new Floor Area Ratio,max.,if NRL4] .400 developments of a CC-3 nature should be sentrelled by located outside of a CTAN or CITAN theaooroved as an appropriate Conditional Use designation O -.459 District. R CU Floor Area Ratio,max.,if .60 3. Use would serve a market area population extending to located within a CTAN or NR CITAN AlR-Sly �5 major segments of the county and its municipalities. Required Open Space 4. Generally,for property designated Transition in the adopted Ratio,min.,if located NR .72 Comprehensive Plan urban services such as water supply and outside of a CTAN o 1�1R 6U sewerage would exist or be made available as part of the CITAN development process. For property located in other areas,the Required Open Space water supply and sewage disposal shall be appropriate to the Ratio,min.,if located .45 uses proposed and the site conditions. within a CTAN or CITAN Required Livability SpaGe Rafie R-SU 4 Required Recreation R .197 DIMENSIONAL STANDARDS NOTES: Space Ratio,min. R CU _200 [1]Lot size for individual uses shall be appropriate to the R-<U 5,000 method of water supply and sewage disposal. Gress LaR�n �� +Iene ..,ice..,..., 4 25,600 [2]Required side and rear setbacks adjacent to residentially � . NR-6U ����^ zoned land shall be equal to the required side or rear setback of the adjacent residential district. 4 [3]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape NR [4]R=residential,NR=non-residential,QU-^^^-"*'^^a'use Ratio,min.,if located NR SU .18 outside of a CTAN or CITAN Required Pedestrian/Landscape NR 0 Ratio,min.,if located NR-GU within a CTAN or CITAN 9 Orange County,North Carolina-Unified Development Ordinance Page 3-24 101 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts DEVELOPMENTCC-3 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the CC-3 District in Section 5.2,unless a Conditional Use(GU) r n4120 GZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. Normally,the maximum amount of land zoned CC-3 at any node shall not exceed 29 acres,but 15 acres shall apply in rural areas where population density is lower and distributed more widely than in the Transition Areas. Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5),GeaditieaalUse 'C"��r MPD GZor as a Conditional District. 10. All property to be designated for new development under this classification shall have direct access to major collector streets as designated by the adopted Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 3-25 102 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts GENERAL DIMENSIONAL AND RATIO STANDARDS COMMERCIAL Lot Size,min.(square feet) 40,000[1] PURPOSE Lot Width,min.(feet) 75 The purpose of the General Commercial-4(GC 4)District is Front Setback from ROW,min. to provide suitable situated and sized sites that allow a (feet) 35 broad range of commercial,office and service uses. Performance standards will be used to insure the absence of adverse impacts beyond the zoning district boundary. Side Setback,min.(feet) None[2] APPLICABILITY This district will usually be applied where the following Rear Setback,min.(feet) None[2] conditions exist: 1. The site is within an area designated by the adopted ocated 45[3] Comprehensive Plan as either a Commercial Transition outside of a CTAN or CITAN Activity Node(CTAN),or Commercial-Industrial Transition Activity Node(CITAN). Height,max.(feet).,if located 60[3] within a CTAN or CITAN 2. Water and sewer mains exist at the site or are to be made available as part of the development process or the Floor Area Ratio,max.,if NR[4] 492 lot size for individual uses are appropriate to the method of located outside of a CTAN or water supply and sewage disposal. CITAN NIA GU Floor Area Ratio,max.,if located within a CTAN or .75 CITAN Required Open Space Ratio, min.,if located outside of a .71 DIMENSIONAL STANDARDS NOTES: CTAN or CITAN [1]Lot size for individual uses shall be appropriate to the Required Open Space Ratio, method of water supply and sewage disposal. min.,if located within a CTAN .40 [2]Required side and rear setbacks adjacent to or CITAN residentially zoned land shall be equal to the required side Gress and Area, m,n m^ 425.600 or rear setback of the adjacent residential district. NR_CU [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Required [4]R=residential,NR=non-residential;GIConditional Pedestrian/Landscape Ratio, asp min.,if located outside of a 178 CTAN or CITAN Required Pedestrian/Landscape Ratio, .05 min.,if located within a CTAN ITAN DEVELOPMENTD••D 1. Uses shall be restricted to those indicated for the GC-4 District in Section 5.2,unless a Conditional Use(GIJ) or""�^C'District is approved see Section 3.8). Additionally,non-residential uses are restricted based on Orange County,North Carolina—Unified Development Ordinance Page 3-26 103 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts DIMENSIONAL • STANDARDS EXISTING COMMERCIAL Lot Size,min.(square 40,000[1] feet) PURPOSE Lot Width,min.(feet) R NR 75 The purpose of the Existing Commercial-5(EC 5)District is to provide a Front Setback from R 40 district to be used only during the application of zoning to ROW,min.(feet) previously unzoned townships to accommodate existing NR 35 commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. R 20 Side Setback,min.(feet) APPLICABILITY NR None[2] This district shall be applied to: R 20 Rear Setback,min. 1. Existing commercial uses in previously unzoned townships. (feet) NR None[2] 2. Previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive 25[3] Plan. Height,max.(feet) This designation shall only be applied to property used for NR 45[3] existing commercial at the time of application of this Ordinance. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. NR .492 [1]R=residential,NR=non-residential. [2]Required side and rear setbacks adjacent to residentially Required Open Space KIP 1 zoned land shall be equal to the required side or rear setback of Ratio,min. 71 the adjacent residential district. [3]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape NR 178 Ratio,min. DEVELOPMENTEC-5 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EC-5 District in Section 5.2,unless a Conditional Use(GU) r nno�n_�Z District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. Orange County,North Carolina—Unified Development Ordinance Page 3-28 104 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts R[1] None Lot Size,min.(square feet) NR NR_OU 5,000 ••• NRR None Lot Width,min.(feet) The purpose of the Office/Research and Manufacturing(O/RM) NR 50 District is to provide locations for medium and high intensity k f tb t Seac rom R None office,service,research,and light manufacturing land uses in Fron NR —GU areas where urban services are available or are to be made ROW,min.(feet) NR 25 available as part of the development process. This district is intended to provide for employment centers near transportation RllW None routes. Side Setback,min.(feet) NR 10[2] APPLICABILITY NR—CU None[2] This district will usually be applied where the following conditions R None exist: Rear Setback,min. NR 10 2 -- 1. Site is located in areas designated by the adopted (feet) NR CU None-[2] Comprehensive Plan as Commercial Transition Activity Node or Commercial-Industrial Transition Activity Nodes. 2. Water and sewer mains are existing at the site or are to be Height,max.(feet) 35[3] made available during the development process. .40 Floor Area Ratio,max. NR NR-SU -.45 Required Open Space .55 DIMENSIONAL STANDARDS NOTES: Ratio,mi Required-Livability R CU 52 [1]R=residential,NR=non-residential,GLJ GGRditieRal use. Spa—R;;fin,min. - [2]Required side and rear setbacks adjacent to residentially Required Recreation R .111 zoned land shall be equal to the required side or rear setback of Space Ratio,min. .14 the adjacent residential district. [3]Two feet of additional height shall be allowed for one foot GFE)ss +A,ea R CU 5;098/ increase of the required front and side setbacks. min naax Wane „, (square feet) NR GI 299-,99AF Wane Required Pedestrian/Landscape h112NR .05 in. •/RM DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the O/RM District in Section 5.2,unless a Conditional else fCUj eF MRB CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density i.e.,the Orange County,North Carolina—Unified Development Ordinance Page 3-30 105 Article 3: Base Zoning Districts Section 3.4:General Conventional Commercial Districts 1 DIMENSIONAL AND RATIO STANDARDS AGRICULTURAL SERVICE Lot Size,min.,per use 40,000[1] (square feet) PURPOSE Lot Width,min.(feet) 200 The purpose of the Agricultural Service(AS)District is to provide Front Setback from 50 sites in the rural portion of the County for rural non-farm,non- ROW,min.(feet) residential uses which support the horticultural,silvicultural,and agricultural uses of the AR districts. Side Setback,min. 20[2] (feet) APPLICABILITY This district will usually be applied where the following conditions Rear Setback,min. 20[2] exist: (feet) 1. Site is within areas designated by the adopted Comprehensive Plan as Agricultural Residential. Height,max.(feet) 45[3] DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. None [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. Required Open Space [2]Required side and rear setbacks adjacent to residentially Ratio,min. .83 zoned land shall be equal to the required side or rear setback of the adjacent residential district. Required [3]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .208 increase of the required front and side setbacks. Ratio,min. AS DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the AS District in Section 5.2,unless a Conditional Use(GLJ) r nno�n r Z District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed Orange County,North Carolina—Unified Development Ordinance Page 3-32 106 Article 3: Base Zoning Districts Section 3.5:Industrial Districts SECTION DIMENSIONALRATIO STANDARDS LIGHT INDUSTRIAL Lot Size,min.,per use (square feet),if outside 80,000[1] of a CITAN Lot Size,min.,per use (square feet),if within a 20,000[1] CITAN PURPOSENR[2] 200 Lot Width,min.(feet) The purpose of the Light Industrial-1 (1-1)District is to provide NR--CU None appropriately located and sized sites for limited industrial uses engaged in manufacturing,processing,creating and assembling Front Setback from NR 50 of goods,merchandise or equipment. Performance standards ROW,min.(feet) NR__OU None will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. NR 50 Side Setback,min. APPLICABILITY (feet) NR SU ] This district will usually be applied where the following conditions Rea NR—CU r Setback,min. NR 50 exist: (feet) None-[31 1. Site is located within areas designated in the adopted Comprehensive Plan as either a Commercial-Industrial Transition Activity Node(CITAN)or a Rural Industrial Activity Node. eight,max. feet 45[43] Floor Area Ratio,max., if located outside of a .200 CITAN Floor Area Ratio,max., if located within a .60 CITAN Required Open Space NR .80 DIMENSIONAL STANDARDS NOTES: Ratio,min.,if located NR SU [1]Lot size for individual uses shall be appropriate to the method outside of a CITAN of water supply and sewage disposal. Required Open Space [2]R=residential,NR=non-residential; -nenditioinal Ratio,min.,if located 45 31 Required side and rpar gotbaGki;adjaGeRt tG r 6ideRtial1y within a CITAN 7onpd land shall be equal to the Fequired side 0 rear sptb c;k of Gross Land Area the adjaG9Rt residential distric;t. n n .ima^ .. NR—SU 90,000 1 [43]Two feet of additional height shall be allowed for one foot none increase of the required front and side setbacks. Required N .20 Pedestrian/Landscape Ratio,min.,if located NR Gli 487 ITAN Required Pedestrian/Landscape .05 Ratio,min.,if located within a CITAN DEVELOPMENT1-1 DISTRICT SPECIFIC D••D 1. Uses shall be restricted to those indicated for the 1-1 District in Section 5.2,unless a Conditional Use(CU)-eK MPD QZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 Orange County,North Carolina-Unified Development Ordinance Page 3-34 107 Article 3: Base Zoning Districts Section 3.5:Industrial Districts DIMENSIONAL1-2 D - •STANDARDS MEDIUM INDUSTRIAL %�� PURPOSENR[1] 100 Lot Width,min.(feet) The purpose of the Medium Industrial-2(1-2)District is to provide NR-Sly Neae locations for enterprises engaged in manufacturing,processing, creating,repairing,renovating,painting,cleaning,and Front Setback from NR 50 assembling of goods,merchandise or equipment. Performance ROW,min.(feet) NR__OU None standards will be used to insure the absence of adverse impact beyond the lot boundaries of the use. Side Setback,min. None[2APPLICABILITY (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. None[2] (feet) 1. Site is located within areas designated by the adopted Comprehensive Plan as a Commercial-Industrial Transition Activity Node. Height,max.(feet) 45[3] 2. Water and sewer mains exist at the site or be made available as part of the development process. Floor Area Ratio,max. .65 mor- pace DIMENSIONAL STANDARDS NOTES: u, 40 Ratio,min. [1]R=residential,NR=non-residential,GU GGRditiGRal - [2]Required side and rear setbacks adjacent to residentially GF966 Land Area, zoned land shall be equal to the required side or rear setback of ^iRdmax NR QU $0-`089-f the adjacent residential district. �) " [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Required Pedestrian/Landscape .05 Ratio,min. DEVELOPMENT1-2 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the 1-2 District in Section 5.2,unless a Conditional Use(GIJ)a M o__rZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the adopted Comprehensive Plan.Access to rail service is desirable but not required. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of opens ace Orange County,North Carolina-Unified Development Ordinance Page 3-36 108 Article 3: Base Zoning Districts Section 3.5:Industrial Districts 1-3 DiMENSIONAL AND - •STANDARDS HEAVY INDUSTRIAL %�� PURPOSENR 100 Lot Width,min.(feet) The purpose of the Heavy Industrial-3(1-3)District is to provide NR GU Nene locations for enterprises engaged in a broad range of manufacturing,processing,creating,repairing,renovating, Front Setback from NR 50 painting,cleaning,or assembling of goods,merchandise or equipment. Performance standards will be used to insure the ROW,min.(feet) pdq__OU None absences of adverse impacts beyond the zoning district boundary. Side Setback,min. None[2] APPLICABILITY (feet) This district will usually be applied where the following conditions exist: Rear Setback,min. None[2] (feet) 1. Site is located within areas designated by the adopted Comprehensive Plan as a Commercial-Industrial Transition Height,max.(feet) 45[3] Activity Node. 2. Water and sewer mains exist at the site or be made available Floor Area Ratio,max. .70 as part of the development process. Required Open Space DIMENSIONAL STANDARDS NOTES: Ratio,min. [1]R=residential,NR=non-residential; - . [2]Required side and rear setbacks adjacent to residentially Gress' Area," " zoned land shall be equal to the required side or rear setback of FniR IF"" ISIR-OU 84,000 the adjacent residential district. c&q—fee`'"_) nerve [3]Two feet of additional height shall be allowed for one foot r Required increase of the required front and side setbacks. Pedestrian/Landscape Ratio,min. DEVELOPMENT1-3 DISTRICT SPECIFIC D•-D 1. Uses shall be restricted to those indicated for the 1-3 District in Section 5.2,unless a Conditional Use(GU)er M o__rZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the adopted Comprehensive Plan.Access to rail service is desirable but not required. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. Orange County,North Carolina-Unified Development Ordinance Page 3-38 109 Article 3: Base Zoning Districts Section 3.5:Industrial Districts DIMENSIONALEl RATIO STANDARDS EXISTING INDUSTRIAL Lot Size,min.,per use g0,000 (square feet) PURPOSE •• Lot Width,min.(feet) 200 The purpose of the Existing Industrial(EI)district is to provide a district to be used only during the application of zoning,to previously unzoned townships to accommodate existing industrial Front Setback from 50 uses not located in areas designated as Industrial Transition ROW,min.(feet) Activity Node or Rural Industrial Activity Node by the adopted Comprehensive Plan. Side Setback,min. 50[1] APPLICABILITY (feet) This district shall only be applied to accommodate existing(at the time of the application of the Zoning Ordinance to previously Rear Setback,min. 50[1] unzoned Townships)industrial uses located in areas not (feet) designated Commercial-Industrial Transition Activity Node or Rural Industrial Activity Node in the adopted Comprehensive Plan. It is further intended that this district shall not be applied to any Height,max.(feet) 45[2] use that has adverse impacts beyond the immediate space occupied by the build in .— DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. .200 [1]Required side and rear setbacks adjacent to residentially Required Open Space zoned land shall be equal to the required side or rear setback of Ratio,min. .80 the adjacent residential district. [2]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape .20 Ratio,min. DEVELOPMENTE-I DISTRICT SPECIFIC -D 1. Uses shall be restricted to those indicated for the El District in Section 5.2,unless a Conditional Use(GIJ)o MRID-C7 District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open s ace 'Z This has been an incomplete sentence since the UDO was adopted in 2011. Staff looked up the exact language of the former Zoning Ordinance and added it. Orange County,North Carolina—Unified Development Ordinance Page 3-40 110 Article 3: Base Zoning Districts Section 3.6:Other Districts SECTIONOTHER DIMENSIONAL4[ • RATIO STANDARDS PID PUBLIC INTEREST DISTRICT Lot Size,min.,per use 500,000 (square feet) PURPOSE Lot Width,min.(feet) No requirement The purpose of Public Interest District(PID)is to preserve and protect certain public land and private educational lands,deemed environmentally sensitive and of major scientific research Front Setback from No requirement significance from the impacts of development. In addition,these ROW,min.(feet) lands will be managed in ways that will prevent any intentionally generated adverse impacts from affecting surrounding property. Side Setback,min. No requirement[1APPLICABILITY (feet) This district will be applied to the following: Rear Setback,min. No requirement[1] 1. All Duke Forest lands,the Eno River State Park,all University (feet) of North Carolina lands,and all other public or private educational lands deemed to be environmentally sensitive and of major scientific or research significance. Height,max.(feet) 25[2] DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. .0125 [1]Required side and rear setbacks adjacent to residentially Required Open Space zoned land shall be equal to the required side or rear setback of Ratio,min. No requirement the adjacent residential district. [2]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape No requirement Ratio,min. PID DISTRICT SPECIFIC DEVELOPMENTSTANDARDS 1. Uses shall be restricted to those indicated for the PID District in Section 5.2,unless a Conditional Use(Stl) or nnoo_GZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. Orange County,North Carolina—Unified Development Ordinance Page 3-42 111 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts STANDARDSDiMENSIONAL B Lot size,min.,per use (square feet) No requirement[1] ECONOMIC DEVELOPMENT BUCKHORN LOWER Lot Width,min.(feet) No requirement[1] PURPOSE Buildings/ 25 Front Setback from Structures ROW,min.(feet) Vehicle Use Areas,Storage 10 Areas,Signs The purpose of the Economic Development Buckhorn Lower Buildings 25[2] Intensity(EDB-1)District is to provide locations for a range of lower Side Setback,min. Structures intensity non-residential uses in the designated Buckhorn Economic (feet) Vehicle Use Development District. Areas,Storage 10[2] Areas,Signs Buildings/ 25[2] Rear Setback,min. Structures (feet) Vehicle Use Areas,Storage 10[2] Areas,7Signs This district will usually be applied where the following conditions riveway Setback from exist: Property lines,min. 10 1. Site is located within the designated Buckhorn Economic feet Development District. Setbacks between 2. Urban services,such as water and sewer mains,are highly Buildings,min.(feet) 20 desirable,but not required if acceptable alternatives are available. Any proposed use having reasonable access to water or sewer systems shall be required to connect to the systems regardless of Height,max.(feet) 60[3] the availability of acceptable alternatives. R-CU-[4] .60 Floor Area Ratio,max. NR 4 DIMENSIONAL STANDARDS NOTES: NR-Cl4 [1]Evaluated as part of the Site Plan review process. Required Open Space 45 [2]Required side and rear setbacks adjacent to residentially zoned Ratio,min. land shall be equal to the required side or rear setback of the Requ re R--CU A-5 adjacent residential district. Spa [3]Two feet of additional height shall be allowed for one foot Gross Land Area increase of the required front and side setbacks. min./max. None [4]R=residential,NR=non-residential,GI J-,.9RditiGRaI„&e (square feet Required NR Pedestrian/Landscape .05 Ratio,min. XGU DEVELOPMENTEDBA DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDBA District in Section 5.2,unless a Conditional Use(GU)er M12D CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Uee-District or as a RD G7(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. Orange County,North Carolina—Unified Development Ordinance Page 3-44 112 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts • STANDARDS B Lot size,min.,per use (square feet) No requirement[1] ECONOMIC DEVELOPMENT BUCKHORN Lot Width,min.(feet) No requirement[1] PURPOSE Buildings/ 25 Front Setback from Structures ROW,min.(feet) Vehicle Use Areas,Storage 10 Areas,Signs The purpose of the Economic Development Buckhorn Higher Buildings/ 25[2] Intensity(EDB-2)District is to provide locations for a range of light Structures industrial,distribution,retail,office,and services uses in the Side Setback,min. Vehicle Use designated Buckhorn Economic Development District. (feet) Areas,Storage 10[2] Areas,Signs Buildings/ 25[2] Rear Setback,min. Structures (feet) Vehicle Use Areas,Storage 10[2] Areas,Signs This district will usually be applied where the following conditions rbriveway Setback from exist: Property lines,min. 10 feet 1. Site is located within the designated Buckhorn Economic Setbacks between Development District. Buildings,min.(feet) 20 2. Urban services,such as water and sewer mains,are highly desirable,but not required if acceptable alternatives are available. Any proposed use having reasonable access to water or sewer Height,max.(feet) 60[3] systems shall be required to connect to the systems regardless of the availability of acceptable alternatives. Floor Area Ratio,max. NR 41 65 DIMENSIONAL STANDARDS NOTES: NR 0 1 1 .75 [1]Evaluated as part of the Site Plan review process. equired Open Space .40 [2]Required side and rear setbacks adjacent to residentially zoned atio,min. land shall be equal to the required side or rear setback of the Required-L-vability R-CU adjacent residential district. [3]Two feet of additional height shall be allowed for one foot Gross Land Area, increase of the required front and side setbacks. min./max. none [4]R=residential,NR=non-residential,G"-GGRditiGRal us_e (square feet Required Pedestrian/Landscape NR -1 05 Ratio,min. DEVELOPMENTEDB-2 DISTRICT SPECIFIC 1. Uses shall be restricted to those indicated for the EDB-2 District in Section 5.2,unless a Conditional Use(GIJ)er MPD CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an Orange County,North Carolina-Unified Development Ordinance Page 3-46 113 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts appropriate Conditional Use-District^•aanon GZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites are also allowed. 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 7. Residential uses in this district are restricted to temporary mobile homes for custodial care and require a GlassR Special Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e.,the number of individual dwellings that can be developed on a parcel of property). 8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. Orange County,North Carolina—Unified Development Ordinance Page 3-47 114 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts Lot size,min.,per use • • • (square feet) No requirement[1] • Lot Width,min.(feet) No requirement[1] • Buildings/ 25 Front Setback from Structures ROW,min.(feet) Vehicle Use Areas,Storage 10 Areas,Signs The purpose of the Economic Development Eno Lower Intensity Buildings/ 25[2] (EDE-1)District is to provide locations for a range of lower intensity Side Setback,min. Structures non-residential uses in the designated Eno Economic Development (feet) Vehicle Use District. Areas,Storage 10[2] reas,Si ns Buildings/ 25[2] Rear Setback,min. Structures (feet) Vehicle Use Areas,Storage 10[2] Areas,Si ns This district will usually be applied where the following conditions riveway Setback from exist: rope in. et 1. Site is located within the designated Eno Economic Development Setbacks between District. Buildings,min.(feet) 20 2. Urban services,such as water and sewer mains,are highly desirable,but not required if acceptable alternatives are available. Any proposed use having reasonable access to water or sewer Height,max.(feet) 60[3] systems shall be required to connect to the systems regardless of the availability of acceptable alternatives. Floor Area Ratio,max. N C44 4] 60 R DIMENSIONAL STANDARDS NOTES: NIA Gt3 a0 [1]Evaluated as part of the Site Plan review process. Required Open Space .45 [2]Required side and rear setbacks adjacent to residentially zoned Ratio,min. Livability land shall be equal to the required side or rear setback of theR-GU -.45 adjacent residential district. Gross Land Area, [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. min./max. none [4] R=residential,NR=non-residential,GU_„„„d t„„A use (square feet Required Pedestrian/Landscape NI�NRSt3 .05 Ratio,min. DEVELOPMENTEDE-1 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDE-1 District in Section 5.2,unless a Conditional Ilse-(CU)0 MPD GZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Use-District^•„„tenon GZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for Orange County,North Carolina—Unified Development Ordinance Page 3-48 115 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts Lei 0 1 JFAJfl1JAJZJ= Lot size,min.,per use No requirement[1] (square feet) Lot Width,min.(feet) No requirement[1] • Buildings/ 25 Structures Front Setback from Vehicle Use ROW,min.(feet) Areas, 10 Storage Areas,Signs The purpose of the Economic Development Eno Higher Intensity Buildings/ 25[2] (EDE-2)District is to provide locations for a range of light industrial, Structures distribution,retail,office,and services uses in the designated Eno Side Setback,min.(feet) Vehicle Use Economic Development District. Areas, 10[2] Storage reas,Si Buildings/ 25[2] Structures J1 Rear Setback,min.(feet) Vehicle Use Areas, 10[2] Storage Areas,Signs This district will usually be applied where the following conditions Driveway Setback from exist: Property lines,min.(feet) 1. Site is located within the designated Eno Economic Development Setbacks between 20 District. Buildings,min.(feet) 2. Urban services,such as water and sewer mains,are highly desirable,but not required if acceptable alternatives are available. Any proposed use having reasonable access to water or sewer Height,max.(feet) 60[3] systems shall be required to connect to the systems regardless of the availability of acceptable alternatives. 65 Floor Area Ratio,max. NR Q DIMENSIONAL STANDARDS NOTES: NR-CU �5 [1]Evaluated as part of the Site Plan review process. Required Open Space .40 2 Required side and rear setbacks adjacent to residential) zoned Ratio,min. land shall be equal to the required side or rear setback of the R4 m R CU T -.45 adjacent residential district. Gross Land Area, [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. min./max. none [4] R=residential,NR=non-residential,GIJ-GeRditieRal Use (square feet ) _11111111111116 Required NR Pedestrian/Landscape NR GU 05 Ratio,min. DEVELOPMENTEDE-2 DISTRICT SPECIFIC ■ -■ 1. Uses shall be restricted to those indicated for the EDE-2 District in Section 5.2,unless a Conditional Use(CU)er MPD GZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. Orange County,North Carolina-Unified Development Ordinance Page 3-50 116 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional District^•as a MPD GZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses in this district are restricted to temporary mobile homes for custodial care(see Section 5.5.11 for use standards)and require a GlassRSpecial Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. Orange County,North Carolina—Unified Development Ordinance Page 3-51 117 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts Lot size,min.,(square 20,000 feet) Lot Width,min.(feet) 100 The purpose of the Economic Development Hillsborough Linear Office(EDH-1)District is to provide locations for low to moderately intense medical,professional,administrative and government office on small to mid-sized sites in the designated Hillsborough Economic Development District. The district is intended to be located on the periphery of established Front Setback from ROW, residential areas and along major and minor thoroughfares.The min.(feet) 50 district is established to provide convenient locations for offices,the size and operating characteristics of which require limited parking and which generate little traffic. Standards are designed so that this district may serve as a transitional land use between residential districts and higher,more intense land uses. APPLICABILITY This district will usually be applied where the following conditions Side Setback,min.(feet) 15[1] exist: 1. This district will be applied in the Hillsborough Economic Corner Setback,min.(feet) 40[1][2] Development District. 2. This district shall only be applied where water and sewer are Rear Setback,min.(feet) 50[1] available at the site or are to be made available to the site as part of the development approval process. Height,max.(feet) 30[3] N � 45 Floor Area Ratio,max. DIMENSIONAL STANDARDS NOTES: NR-GU -.50 [1]Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Open Space .55 adjacent residential district. Ratio,min. [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, R_GIJ _.�55 however,that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max. none [3]Two feet of additional height shall be allowed for one foot square feet) increase of the required front and side setbacks. [4] R=residential,NR=non-residential,GU-^^^d""^^"l Use Required NR Pedestrian/Landscape NR GD .05 Ratio,min. Orange County,North Carolina-Unified Development Ordinance Page 3-52 118 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts ■ DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2,unless a Conditional Use(''")eF MPID SZ-District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Ilse-District nr as a bIDD C7(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. A justification for any deviation to development standards must state a public benefit or purpose. 8. Structures in this district shall not exceed 5,000 square feet in gross floor area. 9. If the hours of operation are to be outside of the hours of 6:00 a.m.until 11:00 p.m., the proposed project must be approved as an appropriate Conditional District. 10. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District,the perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with Section 6.8.12 shall be installed. 11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 13. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 14. See Section 5_3-.2(G) .21.2 for standards for uses requiring a Class A c..eGiai Use Pee P+approval as a Conditional District within the Hillsborough Economic Development District. Orange County,North Carolina—Unified Development Ordinance Page 3-53 119 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts • 1JAJ•� Lot size,min,(square 30,000 • • 1 • feet) • ' • W • Lot Width,min.(feet) 200 The purpose of the Economic Development Hillsborough Limited Office(EDH-2)District is to provide locations for low intensity office Front Setback,from ROW, 50 uses and supporting services in the designated Hillsborough min.(feet) Economic Development District. The district may contain limited commercial uses within employment centers or where vehicular access is provided internally to the development. APPLICABILITY Side Setback,min.(feet) 20[1] This district will usually be applied where the following conditions exist: Corner Setback,min. 50[1][2] (feet) 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback,min.(feet) 40[1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of Height,max.(feet) 60[3] the development approval process. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. NR RU44] .45 AfR-Sl4 [1]Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Open Space .55 adjacent residential district. Ratio,min. [2]Any corner lot having an abutting interior lot on its side street Requ,.oa L ivabil ty c.aG8 shall observe a front yard setback from both streets provided, Ratio ,„T R Gtf �0 however,that this requirement does not reduce the width suitable for r a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max none [3]Two feet of additional height shall be allowed for one foot square feet increase of the required front and side setbacks. Required NR[4]R=residential,NR=non-residential,GU-GGRditiGRal use Pedestrian/Landscape N G'I .05 min. diiL DEVELOPMENTEDH-2 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2,unless a Conditional Use{SU}aF MRD GZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Use­_District or aue"on GZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all Orange County,North Carolina-Unified Development Ordinance Page 3-54 120 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. Any nonresidential use within two hundred feet of a lot smaller than 2 acres in size with an existing dwelling unit shall c..,.Gial Use Permit,Gla be submitted as an appropriate Conditional District. 8. Direct driveway access to an arterial or major collector shall be limited to shared driveways,limited access streets,or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no-rise certification from the NC Department of Public Safety National Flood Insurance Program,b)be located on a slope greater than 15%,or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County,NC. 9. A justification for any deviation to development standards must state a public benefit or purpose. 10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 12. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 13. See Section 55.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough Economic Development District. Orange County,North Carolina—Unified Development Ordinance Page 3-55 121 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts Lot size,min,(acres) 1 Lot Width,min.(feet) 200 The purpose of the Economic Development Hillsborough Office Front Setback,from (EDH-3)District is to provide locations for low to moderate intensity ROW,min.(feet) 50 office uses and supporting services in the designated Hillsborough Economic Development District. The district may contain multi- family residential uses(6-12 units per acre). APPLICABILITY Side Setback,min.(feet) 20[1] This district will usually be applied where the following conditions Corner Setback,min. 50[1][2] exist: (feet) 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback,min.(feet) 40[1] 2. This district shall only be applied where water and sewer are R[3] 35[4][5] available at the site or are to be made available to the site as part of Height,max.(feet) the development approval process. NR 60[4] R CU[31 .60 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. NR [1]Required side and rear setbacks adjacent to residentially zoned NR GU -.&5 land shall be equal to the required side or rear setback of the adjacent residential district. Required Open Space .50 [2]Any corner lot having an abutting interior lot on its side street Ratio,min. shall observe a front yard setback from both streets provided, however,that this requirement does not reduce the width suitable for Rats MiR. l a building on said lot to less than 25 feet. (See graphic in Section 6.2.7)• Gross Land Area, [3]R=Residential uses;NR=Non-residential uses. min./max.(square feet) none [4]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Required [5]Multi-family structures shall be limited to a three-story maximum. pedestrian/Landscape I�13 .05 Ratio,min. DEVELOPMENTEDH-3 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5.2,unless a Conditional Use(GU)or MRB OZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Use-_District or aue"on GZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all Orange County,North Carolina—Unified Development Ordinance Page 3-56 122 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 7. Any nonresidential use within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size shall Fequire a c..eGiai Use PeFF it Class Abe submitted as an appropriate Conditional District. 8. Direct driveway access to an arterial or major collector shall be limited to shared driveways,limited access streets,or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise certification from the NC Department of Public Safety National Flood Insurance Program,b)be located on a slope greater than 15%,or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County,NC. 9. A justification for any deviation to development standards must state a public benefit or purpose. 10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 12. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 13. See Section 5�2(G) .21.2 for standards for uses requiring a Class A Spedal Use Per n4approval as a Conditional District within the Hillsborough Economic Development District. Orange County,North Carolina—Unified Development Ordinance Page 3-57 123 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts EDH-4 DIMENSIONAL STANDARDS ECONOMIC DEVELOPMENTLot size,min.,(acres) 1 HILLSBOROUGHOFFICE / RETAIL Lot Width,min.(feet) 200 PURPOSE The purpose of the Economic Development Hillsborough Office/ Retail(EDH-4)District is to provide locations for high intensity office uses and supporting retail and service uses in the designated Front Setback,from ROW, 50 Hillsborough Economic Development District. min.(feet) The district is intended to be located on large areas as part of a cohesive development plan and may contain commercial uses within employment centers. APPLICABILITY Side Setback,min.(feet) 20[1] This district will usually be applied where the following conditions Corner Setback,min.(feet) 50[1][2] exist: 1. This district will be applied in the Hillsborough Economic Development District. ear Setback,min.(feet) 40[1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height,max.(feet) 60[3] R-CIJ[4] .65 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. NR 4 [1]Required side and rear setbacks adjacent to residentially zoned 4R-GU a5 land shall be equal to the required side or rear setback of the Required Open Space Ratio, adjacent residential district. min. .40 [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however,that this requirement does not reduce the width suitable for R-GU a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). rGrossd Area,min./max. [3]Two feet of additional height shall be allowed for one foot t) none increase of the required front and side setbacks. [4]R=residential,NR=non-residential,CU-GGRditiGRaI uss NR Pedestrian/Landscape fJR-S�l .05 Ratio,min. DEVELOPMENTEDH-4 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDH-4 District in Section 5.2,unless a Conditional Use(GU)or MRB GZ-District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Use-District or as tenon G7(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that Orange County,North Carolina-Unified Development Ordinance Page 3-58 124 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Reside #arises ar^ i#ed On thisdisiG«73 6.All outparcels within this district shall have internal access to the development. 97.Direct driveway access to an arterial or major collector shall be limited to shared driveways,limited access streets,or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise certification from the NC Department of Public Safety National Flood Insurance Program,b)be located on a slope greater than 15%,or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County,NC. g-8.A justification for any deviation to development standards must state a public benefit or purpose. 4&9_AII parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 44,10Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 4�11Proposed subdivisions shall follow the procedures outlined in Section 2.16. 43-.12 See Section 5-.&2{E)5.21.2 for standards for uses requiring a Class A c..,,Gial Use Per PAapproval as a Conditional District within the Hillsborough Economic Development District. 73 This is incorrect. Some higher-density residential uses are allowed in this district,subject to use standards(See Article 5 Orange County,North Carolina—Unified Development Ordinance Page 3-59 125 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts • • • ' Lot size,min.,(acres) 2 Lot Width,min.(feet) 200 The purpose of the Economic Development Hillsborough Research and Manufacturing(EDH-5)District is to provide locations for a wide range of research,assembling,fabricating and light manufacturing activities,and such ancillary industrial activities as warehousing and distribution in the designated Hillsborough Economic Development Front Setback,from ROW, District. min.(feet) 50 Some commercial services are also permitted if they are part of a cohesive development plan that is predominantly comprised of permitted non-residential uses and provided all access is provided internally. The district is established to provide locations for research and industrial development which have little or no impact on adjoining properties. APPLICABILITY Side Setback,min.(feet) 20[1] This district will usually be applied where the following conditions Corner Setback,min.(feet) 50[1][2] exist: 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback,min.(feet) 40[1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height,max.(feet) 40[3] .65 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. NR 4 [1]Required side and rear setbacks adjacent to residentially zoned ISIR OU land shall be equal to the required side or rear setback of the Required Open Space adjacent residential district. Ratio,min. .40 [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, equired Livability Space however,that this requirement does not reduce the width suitable for Ror�m 45 a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Gross Land Area, [3]Two feet of additional height shall be allowed for one foot min./max. none increase of the required front and side setbacks. s uare feet [4]R=residential,NR=non-residential,G"-GGRditiGRal use Required NR Pedestrian/Landscape 4R-SU 0 Ratio,min. DEVELOPMENTEDH-5 DISTRICT SPECIFIC -D 1. Uses shall be restricted to those indicated for the EDH-5 District in Section 5.2,unless a Conditional Use(GU)er MPD-C7 District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use Orange County,North Carolina-Unified Development Ordinance Page 3-60 126 Article 3: Base Zoning Districts Section 3.7:Economic Development Districts restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional Use-District or a. MPD CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. Direct driveway access to an arterial or major collector shall be limited to shared driveways,limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise certification from the NC Department of Public Safety National Flood Insurance Program,b)be located on a slope greater than 15%,or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County,NC. 8. A justification for any deviation to development standards must state a public benefit or purpose. 9. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 10. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 11. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 12. See Section for standards for uses requiring a Class A SpeGial Use Per +approval as a Conditional District within the Hillsborough Economic Development District. Orange County,North Carolina—Unified Development Ordinance Page 3-61 127 Article 3: Base Zoning Districts Section 3.8:Conditional Districts SECTION • • 3.8.1 Generally This Ordinance contains regulations that establish zoning districts and assign land uses to one or more of these districts. The Ordinance also provides standards for development that regulate lot size,yards,parking,landscaping,open space management,and other aspects of land use planning. However,there are certain circumstances when: (A) A general zon ngconventional district designation would not be appropriate for a certain property,but a specific use permitted within the district would be consistent with the objectives of this Ordinance and/or the adopted Comprehensive Plan, (B) A planning study,adopted by the Board of County Commissioners,indicates there may be opportunities to allow for specific classifications of development within a specific geographic area of the county that is not located within appropriate Land Use Categories to allow for a g8ReFaI useconventional district rezoning to occur, (C) Certain uses,groups of uses,or types of development that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole and cannot be predetermined or controlled by gem' �oconventional district standards,or (D) A property owner proposes the development,adoption,and imposition of unified development standards associated with the approval of a master development plan for a specific parcel of property that may or may not involve proposed modification of existing development regulations. In these circumstances,a Conditional Districts may be utilized. 3.8.2 Purpose and Intent (A) Conditional Districts may be established for specialized purposes where tracts suitable in location,area and character for the use and structures proposed are to be planned and developed on a unified basis. (B) The suitability of tracts for the development proposed shall be determined primarily by reference to the adopted Comprehensive Plan,any relevant adopted small area plan, and the standards outlined in this Ordinance, but due consideration shall be given to the existing and prospective character of surrounding development. (C) Conditional Districts offer advantages to both the general public and property owners. (1) Benefits to the general public include: (a) A more efficient and effective use of land, (b) A more efficient use of energy, (c) The reduction of the costs of continuing maintenance responsibilities, (d) The master planning of infrastructure development within the region,and (e) A higher level of amenities in all types of development. (2) Benefits to property owners include: (a) Greater flexibility in the development of their land, (b) The opportunity to utilize new and ingenious development techniques, and (c) A more prudent use of time,money,effort,and other resources. Orange County,North Carolina—Unified Development Ordinance Page 3-62 128 Article 3: Base Zoning Districts Section 3.8:Conditional Districts (D) A rezoning request to a Conditional District is a voluntary procedure that is intended for firm development proposals. 3.8.3 Districts Established (A) Conditional Zoning Districts74 (1) Conditional )Districts are floating zoning districts, permitted within most land use designations allowing for the development of specific land uses,in accordance with established standards. (2) A SZ-Conditional District requires the approval of a rezoning by the Board of County Commissioners,approval of a site plan or Master Plan,and may include agreed-upon conditions of development. (3) The following SZ-Conditional Districtsdistrists are hereby established: (a) Agricultural Support Enterprises(ASE-SZCD) (b) Agricultural Support Enterprises—Rural Buffer(ASE-RB-CD)7-5 M(c) Home Park(HP-SZCD) (e)(d) Master Plan Development(MPD-SZCD) (e) Master Plan Development—Rural Buffer(MPD-RB-CD) (f) NC Highway 57 Speedway Area Rural Economic Development Area (REDA-OZCD-1) (q) Residential(R-CD) (h) Residential—Rural Buffer(R-RB-CD) (i) Non-Residential(NR-CD) W(i) Non-Residential—Rural Buffer(NR-RB-CD) (4) Land uses permitted within OZ-Conditional Districtsdistrists shall be those uses detailed within Section 5.2 of this Ordinance. (5) Development standards feF Gh di6tFi^f aFe leGated in Article 6 of this Ordinance apply to Conditional Districts unless a condition is approved which modifies a standard.However,a condition which allows a standard less than a state or federal minimum shall not be approved.tfj — (B) Conditional 11 f �� Use 74 160D-703 of the statutes standardizes the term"conditional zoning district"to"conditional district."New conditional districts are necessary in order to provide an approval path for uses that were formerly subject to either the Conditional Use regulations or that required a Class A Special Use Permit. 75 In order to conform both state statutes and the Joint Planning Agreement,four new conditional districts that apply only to the Rural Buffer are necessary. The currently existing ASE-CZ and MPD-CZ will no longer be applicable within the Rural Buffer land use classification. Uses that are currently restricted from the Rural Buffer via language in the use-specific standards in Article 5 will not be permitted in the new conditional districts. These revisions are being proposed because of concerns raised by the County Attorney's office regarding referencing a land use classification in the use-specific standards(Art.5) and within the"district specific development standards"that are part of each chart in Article 3.(The Comprehensive Plan is advisory in nature while the standards in the UDO are regulatory). The effect of the revisions results in no change from how the Rural Buffer and Joint Planning Agreement/Joint Land Use Plan is currently administered,the primary change is in how the implementing regulations are written. 76 The existing statement is not accurate. The suggested amendment clarifies the intent of the statement and also clarifies that modifications from development standards may be approved. Orange County,North Carolina—Unified Development Ordinance Page 3-63 129 Article 3: Base Zoning Districts Section 3.8:Conditional Districts 0) Conditional Use DistFiGts allow for the development of a SpeG'f'G land use,or land uses,listed eR the Table ef Permitted Uses in SeGtiGR 5.2 ef this OrdmnanGe,ev--p 'f n,inh i not Iic+erI a ifferd ispeG al i n er+he nrd ent m n rdesiana+ien of the oL]bier+n er+., n Glu ding uses,far the n enrdinn a ral use zening rdio+rin+ a well a s aRy specific use standards and development standards established in Articles 5 and 6 of this QFd'nanGe. (3) onA_Conditional_Use District requires the approval of a rezoning p�a Ra�c-ooard_Orr!of GG IRty GGMMinnianern ,al of a site plan the issuaRGP of a Class A Cnenial Use Permit anrd M iRGIude a eerd_61non nonrdi+iono of rdeyelopmen+ 3.8.4 Where Permitted Conditional Districts are permitted within the following:": (A) Conditional D'stF'Gts are i1n any Land Use classification and shall be located consistent with the existing general development pattern and the objectives of the adopted Comprehensive Plan and any adopted small area plan(s) and,. !qLq (`nnranal ninfrinfn a ,„'++erl,.,'+h n�nr,. nln areas subject to the Joint Planning C�l1�I Agreement(JPA)between Orange County the Towns of Carrboro and Chapel Hill, subject to the terms and standards of the JPALand,.- ��_ran.di+ianal nip+rip+�a n,i++e,d,.,i+hin�ni,.,i+hinln the University Lake,Cane Creek, and Upper Eno Protected and Critical Watershed Overlay Districts. "(A),(B),and(C)are currently A,B,and C—a"bug"in Word is not allowing correct modification when also using the Track Changes feature. Orange County,North Carolina—Unified Development Ordinance Page 3-64 130 Article 3: Base Zoning Districts Section 3.8:Conditional Districts JASE. AGRICULTURAL Lot size,min.,per use 4f eel [1] (square feet) ENTERPRISES Lot Width,min.(feet) 150 PURPOSE Front Setback from 40 ROW,min.(feet) The purpose of the Agricultural Support Enterprises Conditional District(ASE-GZCD)Disffistis to provide for agriculturally-related Side Setback,min. 20[2] activities that are not considered bona fide farming activities within (feet) the County's planning jurisdiction outside of the Rural Buffer land use classification,as designated by the adopted Comprehensive Rear Setback,min. 20[2] Plan. (feet) APPLICABILITY Height,max.(feet) 45[3] The district shall be located in such a manner as to be compatible Floor Area Ratio,max No requirement[4] with the character of existing development of surrounding properties, thus iwuriag-ensuring the continued conservation of building values Required Open Space No requirement[4] and encouraging the most appropriate use of land in the county. Ratio,min. Therefore,when evaluating an application for this district,emphasis Required Livability shall be given to the location of the proposed development,the Space Ratio,min. No requirement[4] relationship of the site and site development plan to adjoining property,and the development itself. This district shall not be Required Recreation located within the Rural Buffer land use classification,as designated Space Ratio,min. No requirement[4] by the adopted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. [2]Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Pedestrian/ No requirement[4] adjacent residential district. Landscape Ratio,min. [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4]The overall development will be evaluated to ensure compatibility with surrounding properties and with planning objectives. DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the ASE-GZ-CD District in Section 5.2. Gertain uses shall net be Gern ..,1,eRsiye olaR(Fee in t„Semi,.G 2 for these u �t;;ndAr.. dc;in nrflnle 5—)_Additionally,non- residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). The ASE-GZ-CD district is not intended for residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated farm or the proprietor of the approved use. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. nguage sI..uld have 1...en 13 of the 201-9 11.d.r enter Orange County,North Carolina—Unified Development Ordinance Page 3-65 131 Article 3: Base Zoning Districts Section 3.8:Conditional Districts 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. Orange County,North Carolina—Unified Development Ordinance Page 3-66 132 Article 3: Base Zoning Districts Section 3.8:Conditional Districts ASt-KL3-C:U AGRICULTURAL SUPPORT Lot size,min.,per use 40,000[11 (square feet) ANT Lot Width,min.(feet) 150 Front Setback from 40 ROW,min.(feet) The purpose of the Agricultural Support Enterprises Conditional Side Setback,min. District(ASE-CD)is to provide for agriculturally-related activities that feet 20 r21 are not considered bona fide farming activities within the portion of the County's planning jurisdiction designated as Rural Buffer by the Rear Setback,min. adopted Comprehensive Plan. feet 20 r21 Height,max.(feet) 45 r31 The district shall be located in such a manner as to be compatible Floor Area Ratio,max No requirement r41 with the character of existing development of surrounding properties. Required Open Space thus ensuring the continued conservation of building values and No requirement r41 encouraging the most appropriate use of land in the county. Ratio min. Therefore,when evaluating an application for this district,emphasis Required Livability No requirement 1`41 shall be given to the location of the proposed development,the Space Ratio,min. relationship of the site and site development plan to adjoining property,and the development itself. This district shall be located Required Recreation only within the Rural Buffer land use classification,as designated by Space Ratio,min. No requirement r41 the adopted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: r11 Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. r21 Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Pedestrian/ No requirement 1`41 a_diacent residential district. Landscape Ratio,min. r31 Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [41 The overall development will be evaluated to ensure compatibility with surrounding properties and with planning objectives. 1. Uses shall be restricted to those indicated for the ASE-RB-CD District in Section 5.2. Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). The ASE-RB-CD district is not intended for residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated farm or the proprietor of the approved use. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40 000 s uare feet. Orange County,North Carolina—Unified Development Ordinance Page 3-67 133 Article 3: Base Zoning Districts Section 3.8:Conditional Districts DIMENSIONAL •STANDARDS MPD- Tract size,min.(acres) 5 MASTER PLAN DEVELOPMENT Tract Front Setback from No requirement[1] ROW,min.(feet) PURPOSE The purpose of the Master Plan Development Conditional Zoning District(MPD-CZD)District is to provide for unified large scale subdivisions,non-residential,and mixed-use developments that Tract Side Setback,min. No requirement[1] promote economical and efficient land use,improved level of (feet) amenities,appropriate and harmonious variety,creative design,and a better environment through the approval of a general concept Master Plan the permits defined flexibility to accommodate land use adjustments in response to evolving market trends. APPLICABILITY Tract Rear Setback,min. No requirement[1] feet The district shall be located in such a manner as to be compatible Height,max.(feet) No requirement[1] with the character of existing development of surrounding properties, thus insafiag-ensuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Tract Floor Area Ratio, Therefore,when evaluating an application for this district,emphasis max No requirement[1] shall be given to the location of the proposed development,the relationship of the site and site development plan to adjoining property,and the development itself. This district shall not be located within the Rural Buffer land use Required Open Space No requirement[1] classification,as designated by the adopted Comprehensive Plan. Ratio,min. DIMENSIONAL STANDARDS NOTES: Required Livability Space No requirement[1] [1]The MPD-GZ-CD district is intended to allow for flexibility in Ratio,min. dimensional standards. The overall development will be evaluated Required Recreation to ensure compatibility with surrounding properties and with planning Space Ratio,min. No requirement[1] objectives. Specific site development standards can be approved with the Required Pedestrian/ No requirement[1] Master Plan. Landscape Ratio,min. MPD- DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. MPD-GZ-CD districts shall be limited to Transition Land Use Categories within the Orange County Planning Jurisdiction and Rural Community Nodes,as defined in the Orange County Comprehensive Plan. 2. Uses shall be restricted to those indicated for the M PD-GZ-CD District in Section 5.2. Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. Orange County,North Carolina—Unified Development Ordinance Page 3-68 134 Article 3: Base Zoning Districts Section 3.8:Conditional Districts 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance or provide creative alternatives that meet the intent and spirit of the regulations. diskict79,enly the fellewiRg types ef uses shall hp AnnsitIp e FesideRtial uses,iRstitytieRal uses Re lenper thin the DDzen*ng d6st.:rt This. -;frpm thi. mm-nt vfh*eh la;is. .0I..en f UtW e Land Use deco.natmens Orange County,North Carolina—Unified Development Ordinance Page 3-69 135 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Tract size,min.(acres) 5 Tract Front Setback from No requirement(11 ROW,min.(feet) The purpose of the Master Plan Development—Rural Buffer Conditional District(MPD-RB-CD)is to provide for unified mixed-use developments that promote economical and efficient land use. Tract Side Setback.min. No requirement(11 improved level of amenities,appropriate and harmonious variety, feet creative design,and a better environment through the approval of a general concept Master Plan the permits defined flexibility to accommodate land use adjustments in response to evolving market trends. Tract Rear Setback,min. No requirement(11 feA) The district shall be located in such a manner as to be compatible Height,max.(feet) No requirement(11 with the character of existing development of surrounding properties, thus ensuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Tract Floor Area Ratio. Therefore,when evaluating an application for this district,emphasis max No requirement(11 shall be given to the location of the proposed development,the — relationship of the site and site development plan to adioining property,and the development itself. This district shall be located only within the Rural Buffer land use Required Open Space No requirement(11 classification,as designated by the adopted Comprehensive Plan. Ratio,min. DIMENSIONAL STANDARDS NOTES: Required Livability Space No requirement[11 (11 The MPD-RB-CD district is intended to allow for flexibility in Ratio,min. dimensional standards. The overall development will be evaluated Required Recreation to ensure compatibility with surrounding properties and with planning Space Ratio,min. No requirement f11 objectives. Specific site development standards can be approved with the Required Pedestrian/ No requirement(11 Master Plan. Landscape Ratio,min. ilm I 1. MPD-RB-CD districts shall be limited to Rural Buffer Land Use Classification,as defined in the Orange County Comprehensive Plan and further restricted to the Retail Trade area within the Rural Buffer,as depicted Joint Planning Area Land Use Plan . 2. Only the following types of uses shall be considered for a MPD-RB-CD:residential uses,institutional uses and professional services. Under no circumstances shall a MPD-RB-CZ be approved for a retail or manufacturing/industrial land use. 2. Uses shall be restricted to those indicated for the MPD-RB-CD District in Section 5.2. Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 80 The map depicting this area is available at http://orangecountync.gov/DocumentCenter/View/4181/Joint- Plannins-Area-JPA-Map-PDF It is an area known as Blackwood Station on NC Highway 86 at the intersection of Millhouse Road. Orange County,North Carolina—Unified Development Ordinance Page 3-70 136 Article 3: Base Zoning Districts Section 3.8:Conditional Districts 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance or provide creative alternatives that meet the intent andspirit of the regulations. Orange County,North Carolina—Unified Development Ordinance Page 3-71 137 Article 3: Base Zoning Districts Section 3.8:Conditional Districts ■ Tract size,min./max. 5/100 (acres) Tract Front Setback 40 from ROW,min.(feet) • Tract Side Setback, 20 min.(feet) The purpose of the Home Park Conditional Zeniag-District (Hi SZCD)i3istrist-is to provide for the development of properly located Tract Rear Setback, 20 and planned facilities for mobile home and temporary housing unit min.(feet) parks. Adequate housing is fundamental to the welfare of county residents; Individual Mobile Home however,conventional housing is not consistently affordable to,nor Space Size,min. 5,000 desired by,all members of the general public. There is also an (square feet) identified need to provide some level of flexibility for transient residents who need to reside within the area on a temporary basis. Temporary Residential Where properly regulated and located,Home Parks address the Unit Space Size,min. 2,000 public need for alternative housing and achieve a satisfactory (square feet) relationship to adioininci and nearby ro ert . APPLICABILITY Individual Space Width, 50 min.(feet) The district shall be located in such a manner as to be compatible Height,max.(feet) 25[1] with the character of existing development of surrounding properties, thus insuring-ensuring the continued conservation of building values Consistent with and encouraging the most appropriate use of land in the county. Tract Floor Area Ratio, residential uses in Therefore,when evaluating an application for this district,emphasis max adjacent zoning districts shall be given to the location of the proposed mobile home district, the relationship of the site and site development plan to adjoining Consistent with property,and the development itself. Required Open Space residential uses in Ratio,min. adjacent zoning districts Required Livability Consistent with Space Ratio,min. residential uses in DIMENSIONAL STANDARDS NOTES: adjacent zoning districts [1]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Required Recreation Consistent with Space Ratio,min. residential uses in adjacent zoning districts Hi DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the HP-CZ-CD District in Section 5.2. Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be located on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Orange County,North Carolina—Unified Development Ordinance Page 3-72 138 Article 3: Base Zoning Districts Section 3.8:Conditional Districts 5. See Section 5.5.4 for standards pertaining to Home Parks. 6. When a new home park is proposed to be located adjacent to an existing home park,the Standards in Section 5.5.4 shall be met. 7. Each home space shall contain only one designated temporary or permanent residential unit.Efficiency Units are prohibited within HP-GZ-CD districts. 8. A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days. 9. All permanent residential units within a HP-CZD shall be designed and built to the appropriate State and Housing and Urban Development HUD standards and shall be served by permanent utility connections. Orange County,North Carolina—Unified Development Ordinance Page 3-73 139 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Tract size,min.(acres) none Tract Front Setback No requirement[1] from ROW,min.(feet) • Tract Side Setback,min.(feet) No requirement[1] The purpose of the NC Highway 57 Speedway Area Rural Economic D4elopment Area Conditional Zeaing-District(REDA-GZCD-1)DistFiet is to encourage additional, compatible, and unique non-residential development opportunities in a predefined area of the County as identified within the adopted NC Highway 57 Small Area Plan. Tract Rear Setback, No requirement[1] Further,this district is intended to provide existing non-conforming land min.(feet) uses an opportunity to become conforming through a development review process so that property owners can upgrade their existing business to address changing needs while recognizing, and being consistent with,local land use re ulations. APPLICABILITY Height,max.(feet) No requirement[1] This district shall be located consistent with the parcels designated as "Rural Economic Development Area"within the aforementioned Small Tract Floor Area Ratio, No requirement[1] Area Plan,a map of which is provided herein for illustrative purposes only: Required Open Space No requirement[1] Ratio,min. a Flat Pivar Plole[[etl aG<Q4 PrM1amCwnb • Required Livability No requirement[1] Space Ratio,min. linX Rlvn Proeeceed e ��anq 9ourLy NC XIpM,ar 5T 3p tlner Area: Ix Bppy aWM1 h�R'�IEtPlwnk OwMvp b Orange County,North Carolina—Unified Development Ordinance Page 3-74 140 Article 3: Base Zoning Districts Section 3.8:Conditional Districts DIMENSIONAL STANDARDS NOTES: [1]1 The REDA-GZCD-1 district is intended to allow for flexibility in Required Recreation No requirement[1] dimensional standards. The overall development will be evaluated to Space Ratio,min. ensure compatibility with surrounding properties and with the adopted goal statements, policies, and action statements of the Small Area Plan and with the policies and objectives of this Ordinance. Specific Required Pedestrian/ No requirement[1] site design standards shall be incorporated into the Planning Landscape Ratio,min. Department-approved Site Plan. D•- -1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. 16,pplications for the REDA-GZCD-1 district shall be accepted only for parcels delineated as being suitable for non-residential development within the NC Highway 57 Speedway Area Small Area Plan adopted by the BOCC on August 21,2007. 2. otential uses shall be restricted to those listed as permitted for the REDA-GZCD-1 District in Section 535_281. 3. � .? pecific uses shall be limited to those approved by the Board of County Commissioners in the conditions of approval. Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. pevelopment within the conditional aeniag district shall be subject to all applicable use standards detailed in Articles 5 and 6 of this Ordinance or provide creative alternatives that meet the intent and spirit of the regulations. 6. Applicants shall complete a comprehensive groundwater study to anticipate future usage to determine the appropriateness of a proposed land use. Such a study shall detail how much water is anticipated to be consumed,what amount of groundwater withdrawal is safe and sustainable in the immediate vicinity of the use,and if other wells will be affected by such withdrawals. 7. All new development shall limit groundwater withdrawals to not more than 240 gallons per day per acre. 8. No new development having a significant negative impact on existing roadways,traffic patterns or surface drainage patterns shall be permitted,unless an appropriate and viable solution has been approved to mitigate these conditions. $'Correction that should have been part of amendments adopted in 2019. Orange County,North Carolina—Unified Development Ordinance Page 3-75 141 Article 3: Base Zoning Districts Section 3.8:Conditional Districts D 0rnenni0Ral Rn.d o;;tin Standards;hall nnnform to the requirements of the GOrrespending general use `)NDITIONAI USE DISTRICT zoning district. �T appliGable regulations to an equivalent or higher degree than where s,ich reg6llatiGn6 are iRtended te rontrel -led development on individual lots,and to prornote eGono I an- -.ffmi;;� and use,improved level of amenities,appropriate ;and h;;rrnnn'nd ariety,GFeative desigR,and a better envinanment Genditional I Ise Distrorts are.intended to be used fo PLIFPOSe of binding development to a detailed site plan with a lost Of SpeGifir nenditions that GOMpatibility and harmony with surFeundiRg areas. 1199 Afl2nd on the GGLInty. T-heFef@Fe,When eValwating an appliGation for this diStFiGt,9MPhaGir.shall be given to the Innation of the proposed development,the relatieRship of the site and site development plaR to acljOiRiRg propeFty,and tl4e development itself, Are for a r1 I,dere,d .�i lnnoterl Refer to cent{,;n o ser 1onr1 e�trintinnn �.4 d--a'.dwellinnn that n n he deyelenerl n PaFGe1 of.,FGp8rt y) located. Refer tr) 4 2 Fi and 4 2 6 for a hrizakrJAWn nf thin,allowable SUrfaGe area. fe,-.t;ind 1 99 arres size;ZGRiRg lots two aGres and gFeater iR size shall ha-ve a i�inirnurn lot area of a relefl n Rufa GWFORglindustriel land- .githin the R6 Z g district in. As.detailed.yithin Cention 7 O the review and a .al of a GI 1 r a. Approval of a rezoning petition by the Board of County Corn rnissioners,and Orange County,North Carolina—Unified Development Ordinance Page 3-76 142 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Tract size,min.(acres) none Tract Front Setback No requirement r11 from ROW,min.(feet) Tract Side Setback, No requirement[11 Tract feet Thk Duroose of the Residential Conditional District(R-CD)is to provide for unified residential developments that accomplish the pumoses of M icable regulations to an equivalent or higher degree than where su h regulations are intended to control development on individual lot and to promote economical and efficient land use improved level Tract Rear Setback, No requirement 111 of menities appropriate and harmonious variety,creative design,and min. feet a tetter environment. The R-CD District is intended to be used for Dur iose of binding development to a detailed site plan with a list of sp cific undin conditions that ensure compatibility and harmonywith su i areas. Height.max.(feet) No requirement f11 Th district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties,thus Tract Floor Area Ratio, No requirement r11 en uring the continued conservation of building values and max en ouraging the most appropriate use of land in the county. Th refore when evaluating an application for this district emphasis Required Open Space No requirement r11 sh II be cliven to the location of the proposed development,the Ratio,min. rel tionship of the site and site development plan to ad'oining property, an the development itself. Thi Required Livability No requirement[11 district shall not be located within the Rural Buffer land use Space Ratio,min. classification,as designated by the adopted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: [11 The R-CD district is intended to allow for flexibility in dimensional Required Recreation No requirement[11 sta dards. The overall development will be evaluated to ensure Space Ratio,min. compatibility with surrounding properties and with the policies and ob' ctives of this Ordinance. Specific site development standards can Required Pedestrian/ No requirement 111 be approved with the rezoning. Landscape Ratio,min. ism 1. 3otential uses shall be restricted to those listed as permitted for the R-CD District in Section 5.2. 2. 3pecific uses shall be limited to those approved by the Board of County Commissioners in the conditions of approval. Additional) non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 3. he residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density i.e. the number of individual dwellings that can be developed on a parcel of Property). 4. Ilowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District see Section 4.2 the minimum usable lot area for lots that utilize round absorption wastewaters stems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Development within the conditional district shall be sub'ect to all applicable use standards detailed in Articles 5 and 6 of this Ordinance or provide creative alternatives that meet the intent andspirit of the regulations. Orange County,North Carolina—Unified Development Ordinance Page 3-77 143 Article 3: Base Zoning Districts Section 3.8:Conditional Districts L2�-- qh;;lI bp nr)n-:'dprf-.d for ri-.7nnina to R CID: residential uses,institutional Lises and Profe nn;;' I Indef-no Orange County,North Carolina—Unified Development Ordinance Page 3-78 144 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Tract size,min.(acres) none Tract Front Setback No requirement[11 from ROW.min.(feet) Tract Side Setback, No requirement r11 min. feet The urpose of the Residential—Rural Buffer Conditional District(R- CD I is to provide for unified residential developments that accomplish the purposes of applicable regulations to an equivalent or higher de ree than where such regulations are intended to control de elo ment on individual lots and to promote economical and Tract Rear Setback, No requirement r11 effi ient land use improved level of amenities appropriate and min. feet harmonious variety,creative design,and a better environment. The R- CD District is intended to be used for purpose of binding develo ment to i detailed site plan with a list of specific conditions that ensure cor vatibilityand harmony with surrounding areas. Height,max.(feet) No requirement r11 The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties,thus Tract Floor Area Ratio, No requirement r11 en uring the continued conservation of building values and max encouraging the most appropriate use of land in the county. Therefore,when evaluating an application for this district emphasis Required Open Space No requirement[11 sh II be given to the location of the proposed develo ment the Ratio,min. rel tionship of the site and site development plan to ad'oininq property, an the development itself. Thi district shall be located onlyRequired Livability No requirement r11 within the Rural Buffer land use Space Ratio,min. classification,as designated by the adopted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: [11 The R-RB-CD district is intended to allow for flexibility in Required Recreation No requirement r11 dirr ensional standards. The overall development will be evaluated to Space Ratio,min. en ure compatibility with surrounding properties and with the policies and oboectives of this Ordinance. Specific site development standards Required Pedestrian/ No requirement r11 car be approved with the rezonin . Landscape Ratio,min. ism 1. lotential uses shall be restricted to those listed as permitted for the R-RB-CD District in Section 5.2. 2. ecific uses shall be limited to those approved by the Board of County Commissioners in the conditions of approval. Ad itionall non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is loc ited. Refer to Section 4.2.3 for land use restrictions. 3. he residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is I cated. Refer to Section 4.2.4 for a breakdown of the allowable density i.e. the number of individual dwellings that can be de Eloped on a parcel of property). 4. Ilowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Re er to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. a ardless of subdivision process and reductions allowed in Section 7.12 of this Ordinance lots within the R-RB-CD zoning dis rict shall not be reduced below 1 acre in area.For Subdivisions utilizingthe Flexible Development Option,the required wa tewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is Orange County,North Carolina—Unified Development Ordinance Page 3-79 145 Article 3: Base Zoning Districts Section 3.8:Conditional Districts recDrded and maintained within allowed open space areas and as further defined in NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01.Under the Flexible Development Option required minimum lot size shall be based on Proposed wastewater disposal and percentage of open s ace. 6. Development within the conditional district shall be sub'ect to all applicable use standards detailed in Articles 5 and 6 of thiE Ordinance or provide creative alternatives that meet the intent andspirit of the re ulations.. Orange County,North Carolina—Unified Development Ordinance Page 3-80 146 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Tract size,min.(acres) none Tract Front Setback No requirement r11 from ROW.min.( et) Tract Side Setback, No requirement r11 min. feet Th purpose of the Non-Residential Conditional District (R-CD) is to 1)rc Me for unified non-residential developments, which may include res dential components, that accomplish the purposes of applicable rec ulations to an equivalent or higher degree than where such rec ulations are intended to control development on individual lots and Tract Rear Setback, to romote economical and efficient land use improved level of No requirement r11 arr pities appropriate and harmonious variety,creative design,and a min. feet be der environment. The NR-CD District is intended to be used for u pose of binding development to a detailed site plan with a list of sp cific conditions that ensure compatibility and harmony with su oundina areas. Height,max.(feet) No requirement r11 The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties,thus Tract Floor Area Ratio. No requirement r11 en uring the continued conservation of building values and max encouraging the most appropriate use of land in the county. Therefore,when evaluating an application for this district emphasis Required Open Space No requirement r11 shE II be given to the location of the proposed development,the Ratio,min. rel tionship of the site and site development plan to ad'oining property, an the development itself. Thi Required Livability No requirement r11 district shall not be located within the Rural Buffer land use Space Ratio,min. classification,as designated by the ado ted Comprehensive Plan. DIMENSIONAL STANDARDS NOTES: [11 The NR-CD district is intended to allow for flexibility in dimensional Required Recreation No requirement r11 sta idards. The overall development will be evaluated to ensure Space Ratio,min. compatibility with surrounding properties and with the policies and ob' ctives of this Ordinance. Specific site development standards can Required Pedestrian/ No requirement 1`11 be approved with the rezonin . Landscape Ratio,min. ism 1. 3otential uses shall be restricted to those listed as permitted for the NR-CD District in Section 5.2. 2. 3pecific uses shall be limited to those approved by the Board of County Commissioners in the conditions of approval. Additional) non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 3. he residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density i.e. the number of individual dwellings that can be developed on a parcel of Property). 4. Ilowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. [For efer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. lots outside of a Watershed Protection Overla District see Section 4.2 the minimum usable lot area for lots that utilize round absor tion wastewaters stems shall be 30 000 s uare feet for arcels between 40 000 s uare feet and 1.99 acres in ize zonin lots two acres and reater in size shall have a minimum usable lot area of at least 40 000 s uare feet. 6. evelo ment within the conditional district shall be sub'ect to all applicable use standards detailed in Articles 5 and 6 of this Orange County,North Carolina—Unified Development Ordinance Page 3-81 147 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Ordinance or provide creative alternatives that meet the intent andspirit of the regulations. 7. A.f'th'n th,-.R---r;;'Ruffer'-;;nrl rl;;.,;S'f'Gat'on,as denoted'n the adooted Corn orehe ns ive Plan,oniv the follow' ;hall bp PRn,;'dPrPd for rp7nninq to ISIR GID� residential uses,institutional uses and PFef-,;,;'Rna' '-Ind,-.r no_ Orange County,North Carolina—Unified Development Ordinance Page 3-82 148 Article 3: Base Zoning Districts Section 3.8:Conditional Districts Tract size,min.(acres) none Tract Front Setback No requirement r11 from ROW.min.(feet) Tract Side Setback, No requirement r11 min. feet Th ur ose of the Non-Residential Conditional District (R-CD) is to r ide for limited unified non-residential developments,as potentiall e itted in the Joint Planning Area Land Use Plan which ma in ude residential components, that accomplish the purposes of a licable regulations to an equivalent or higher degree than where su h regulations are intended to control development on individual Tract Rear Setback, No requirement r11 III ot and to promote economical and efficient land use improved level min. feet of menities appropriate and harmonious variety,creative design,and a etter environment. The NR-RB-CD District is intended to be used for purpose of binding development to a detailed site plan with a list of so cific conditions that ensure compatibility and harmonV with su oundinq areas. Height,max.(feet) No requirement r11 The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties,thus Tract Floor Area Ratio, No requirement r11 en uring the continued conservation of building values and max mouraging the most appropriate use of land in the county. Therefore,when evaluating an application for this district emphasis Required Open Space No requirement r11 sh II be iven to the location of the proposed development,the Ratio,min. rek tionship of the site and site development plan to admoining property, an the development itself. Thi 3 district shall be located only within the Rural Buffer land use Required Livability classification,as designated by the adopted Comprehensive Plan and Space Ratio,min. No requirement r11 onl in those areas designated in the Joint Planning Area Land Use PI n as suitable for non-residential develo ment.1- DI ENSIONAL STANDARDS NOTES: [11 The NR-RB-CD district is intended to allow for flexibility in Required Recreation No requirement r11 dirt ensional standards. The overall development will be evaluated to Space Ratio,min. en ure compatibility with surrounding properties and with the policies and ob'ectives of this Ordinance. Specific site development standards Required Pedestrian/ No requirement r11 car be approved with the rezonin . Landscape Ratio,min. ism 1. Potential uses shall be restricted to those listed as permitted for the NR-RB-CD district in Section 5.2. 2. Only the following types of uses shall be considered for a NR-RB-CD:residential uses institutional uses and professional services. Under no circumstances shall a NR-RB-CZ be approved for a retail or manufacturing/industrial land use. 3. Specific uses shall be limited to those approved by the Board of County Commissioners in the conditions of approval. Additional) non-residential uses are restricted based on the Watershed Protection Overlay District in which the propertV is located. Refer to Section 4.2.3 for land use restrictions. az As a note,only one area of the Rural Buffer is designated as suitable for non-residential development in the Joint Land Use Plan—Blackwood Station on NC Highway 86. Orange County,North Carolina—Unified Development Ordinance Page 3-83 149 Article 3: Base Zoning Districts Section 3.8:Conditional Districts 4. he residential density permitted on a given arcel is based on the Watershed Protection Overlay District in which the ro ert is located. Refer to Section 4.2.4 for a breakdown of the allowable density i.e. the number of individual dwellings that can be develo ed on a parcel of ro ert . 5. 4,11owable im ervious surface area is based on the Watershed Protection Overlay District in which the Property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 6. For lots outside of a Watershed Protection Overlay District see Section 4.2 the minimum usable lot area for lots that utilize round absorption wastewaters stems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 7. evelo went within the conditional district shall be sub'ect to all applicable use standards detailed in Articles 5 and 6 of this Ordinance or provide creative alternatives that meet the intent andspirit of the regulations. Orange County,North Carolina—Unified Development Ordinance Page 3-84 150 Article 4: Overlay Zoning Districts Section 4.3:Efland-Cheeks Highway 70 Corridor (D) It is the intent of this overlay district to encourage land use patterns that will: (1) Protect existing single-family residential land uses, (2) Protect the character of the area, (3) Enhance property values, (4) Maintain the economic viability and carrying capacity of the corridor, (5) Preserve open vistas whenever possible, (6) Encourage small businesses to locate in appropriate areas,and (7) Continue to promote and provide for the general welfare of local citizens and property owners. (E) Standards are established in Section 6.6.1 to allow for the development of additional non-residential land uses within the ECOD in order to maintain and enhance the economic vitality of the area while protecting the less intensive mixture of existing residential land uses 4.3.2 Applicability (A) This district is intended for properties adjacent to Highway 70 within Cheeks Township of Orange County in accordance with the boundaries shown on the Orange County Zoning Atlas. (B) The requirements of this Ordinance pertaining to ECOD apply to all non-residential land uses and developments within the Highway 70 Overlay District except for existing non- residential land uses located within previously established general conventional commercial or Existing Commercial-5(EC-5)zoning districts. 4.3.3 Non-residential Development Non-residential development within the Highway 70 Corridor shall be limited to the following and shall be in accordance with the standards contained in this Section and Section 6.6.1: (A) Pre-designated commercial area as indicated on the Orange County Zoning Atlas,and (B) Along Highway 70 as depicted on the Orange County Zoning Atlas. 4.3.4 Permitted Uses Within the ECOD, uses of land and structures shall be permitted as follows: (A) Non-residential development within the pre-designated commercial area shall adhere to the permitted and special uses outlined for the Neighborhood Commercial-2(NC-2) zoning district as contained within Section 5.2 of this Ordinance. (B) Non-residential uses within the Highway 70 Corridor Overlay District,shall be limited to professional office and similar institutional uses and shall abide by the standards contained in this Section and Section 6.6.1. (C) No more than 40%of the Highway 70 corridor outside of the pre-designated commercial areas shall be permitted for non-residential uses. (1) This figure shall be calculated by the sum of the street frontage of lots used for non-residential purposes compared to the total street frontage of all lots on both sides of the roadway outside of the pre-designated commercial areas along the overlay district corridor. (2) The 40%limitation includes non-residential uses conducted within new or converted/rehabilitated structures that have a residential appearance. Orange County,North Carolina—Unified Development Ordinance Page 4-12 151 Article 5: Uses Section 5.1:Establishment of Use Regulations to review in relation to general and specific requirements,rather than as uses permitted by right. (C) In addition to the listing of such uses,the Board of County Commissioners intends that the general standards and the more specific requirements established herein,shall be used by the Board of Adjustment,the DlanniRg Ceard and the Qnard of r`GuRty appropriate,Commissioners,as to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Cstabl'shment of Classes of Special lol A T�T � � v v�pcviv�Uses;Authority Approve or Disapprove There are hereby established the fGIIGWiRg Glasser,ef SpeGial 1.16es;vlhidh -;hall he appFeved ar disannreyed a shewi:r. 0) Class-A—Approved er disappreved by Beard of County f2�SIa$S�—Aeereyed^�disapproved by f Adjustment S.1TCeradstiepaIose s a 3 health safety and general welfare of the r silents of Grange County and intends to 8RGeUrage de.,elenn.ent within the GG inty GGRsisteRt with that n far develepment in Orange GeURt„but their leeatien and cite deyelapment s eifies GaRnet he predetermined a regulated threugh the i of a o ral ZGRiRg distriet desig Ratiep anal n entional standards (C) di�` 'eR;;l Uses and Conditional l II I,;p Di;tF'Gts are hereby'established and shall he reviewed in accordance with the provisions of this Ordinance. (D) Permitted Ises 0) Aa use listed:s Permed by Right r by en8Giaall Use Permit tin the Tab, Permitted Uses may be approved as a Conditional Use i-vithin a Conditional 11 iT� Ta FTT„9^��^'TvP District unless expressly excluded in Section G d 4/C1 of this Ordinance that i es4a hlis had.yithin this Sprtien (E) ExGlusmens B the fellewing uses shall not be Gonsidered er ,ed a a (`enditienal Ilse Dis+riet y'ithin+h L-Gnmmereial_Ind,is+rial Transi+inn Aeti„ity Nede er Cnn.. y„ar.in Dp .enn.en+Transition Activity Nede land olxdf'na+'., s designated by the adep+ed Gemprehensiye Plan: (a) Airports,GeReral A.,ia+ion Helipperts, c�T-.n.I , b) Class 11KeRReis, (G) Gnmrnemial Feeder QpeFatieR, 83 This section is obsolete because of the removal of the Conditional Use(CU)process from the UDO. The potential for the type of developments formerly approvable with the CU process will now be reviewed/approved via conditional districts(R-CD and NR-CD are proposed to be added to replace the former CU district). It should be noted that staff is recommending that subsection(E),Exclusions(from consideration as development proposals in certain Land Use categories)also be deleted. Staff is pointing this out because it would allow these types of uses to be considered on a site-by-site basis,subject to all development criteria contained in the UDO,through the conditional district rezoning process. Orange County,North Carolina—Unified Development Ordinance Page 5-2 152 Article 5: Uses Section 5.1:Establishment of Use Regulations (e)Srernateria, /f�)€xtraA ice..ef.,f Earth PFGd6IGt8, (g) vunkya'ds /hi„) Landfills(less-than ages), Landfills{2 acres acre}, Meat FGGess+ng,� Teg;ena /L`) Mil�+ary IIRstaIIatiORS INatienal Guard&Resewe�,eFy), 0) Residential uetel(rmtemities Sereritiec and ne miteries), (m) Sawmills,_ ( ) Stahmlees !`.,mmerGial /e�)StGGLkyards/LiVe6tGnL Markets Rd (P) Waste n�^aRagernent reedit.; Hazarda,is R.Toxin (2) Fer all land use GlassifiGatiens ether than the(;en;MeFGmal industrial Transoto AGti,rity Alarfe nr Cner.a.v.in DeVelanment Trancitian Anti.rity Alede the fellewinn shall not he r;Ansidered er appreved a a!`nnrli+innal Use flip+rir+ /a`) AgFiGUItur l Drr,GessRq CaGilit /h�) AiFparts,General Avia+i n Heliports, T.Q I , (d)Class 11 Kennel G_ (e) 6enirnercial Feeder Operaen,, (g) Gre m at�ri a /h�)DFi.re In Theaters, €YAmn+fin of Ealth Dmr HMS, Farm Equipment Dental Sales and Se FV'Ge /L�)Feed Moll /'rr)Funeral Homes_ (rn) Health Services: 10,000 square feet, /n�)HeGpi+ta IIG_ (()) Hotels&"�.atels, (P) lndastnal,,Light, /n� industrial, Medium, (F) 4ndastria', Heavy, (e)jURkyards, /t) Lan tills(less thaR 2 acres), M Lanatills{2-acre6 er mere),, /,^ Meat PF9GeSSiRg FaGilit., Regional (W) Miliita Fy InRGtallatiGRG( INatiGRal Guard 8.oese�ne.Arm�ey), Orange County,North Carolina—Unified Development Ordinance Page 5-3 153 Article 5: Uses Section 5.1:Establishment of Use Regulations W Motor FFeight Terminals, (Y) Motor Vehicle Maintenance&Repair(Body Shop), (Z) Moter Veh'G'o Repair Garage, bb) Research Facility, (ron)Res Been+'el Hgtel(Fratem'f'e Semrit'es,an.d r)e tim'der'eGe+�,� ) (dd)Sawmills, TT (ee) Stables,remmemiaiI (ff�)StGGkyards1 L'VeGtGnl,Markets, (hh) Waste MaRageM8RtTaGility Hazardous&T.,AG,anal (i 0) Wheleesale Sales 5 1 55.1.4 Key to Permitted Use Table (A) The Table of Permitted Uses applies the following symbology: (1) An asterisk(*)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) WAS indicates the use is permitted subject to the issuance of a Blass A Special Use Permit,and (4) A,Q,iRdiGat+es the use is permitted spa:ssua,^,-.L of as Glasses SpeGial Use Permit, (5) A'r�v_�in.,fes tlapaseTequmFes the issuanGe of a G n,diti nnl Use Permit,ap'd (66)(41 A box with no symbols indicates the use is prohibited for development within the identified zoning district. Orange County,North Carolina—Unified Development Ordinance Page 5-4 SECTION 5.2: TABLE OF PERMITTED USES TABLE OF PERMITTED USES *=PERMITTED USE 0=SUBJECT TO USE STANDARDS = SPECIAL USE V. ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 RM AS El 11 12 13 PID 1 2 1 2 1 2 3 4 5 C C C C -1 AGRICULTURAL USES ME-icultural Processing Facility Ag ultural Processing Facility, ME-icultural ENd Storage Facility Emiperative Farm Stand ■■■■■■■■■■■■©■■©■■■■■■■■■■■■■■©®©■■-■■®® ON-nmunity Farmers'Market Offnposting Operation Eciestrian Fairn Equipment Rental,Sales anj Service ■©■■■■■■■■■■■■■■■■■■■■■■■■■■■■��■■■-■■�� Effm Supply Store ■■■■■■■■■����■■�■■■■■■■■■■■■■■���■■-■■�� Si enhouses with On Premises rt S M Processing Facility, Coitmunity rocessing Facility, RMejitpnal Nokarm Use of Farm M01 bles,Commercial . ••• ". 0 •- - • .• - 0 • - •- - 1 • 0 - •. • ••• -• • • • -• • -• • ••• -• • •- - 155 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF PERMITTED USE A=SUBJECT TO USE STANDARDS.A, ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE 01 AS El 11 12 13 PID EDB- D- •D 17. St ckyards/Livestock Markets A A85 A CARE&EDUCATIONAL FACILITY USES 18. Ce iter in a Residence A A A A A A A A A A A A A A A A 19. Ca e Facility S S S S S S S S S A A A A A A S S S S S S S S S 20. Lib ary 21 Sc ools: Performing Arts, * * * * Sp rts,and Recreation - 22. Sc ools: Preparatory A- A A A A A A A A A A A A A A 0 23 Sc ools: Technical,Trade,and A A A A A A A A A A A A A A Ski II Training 24. Sc ools: Universities,Colleges A A A A A A A A A86 A A A A A A EXTRACTIVE USES 25. E raction of Earth Products A A A A A A A Government Uses 26. Go ernment Facilities and O ce Buildings Except as * * * * * * * * * * * * * * * * * * * * Id tified Herein 211(A). Detention Centers 2 (B). Military Installations A$' A A A Manufacturing,Assembly,Processing,and Distribution Uses—Food M ufacturing,Assembly, 27. Processing of Food Products A * * * * * * * * A * A Ex ept as Identified Herein 85 Correcting an inadvertent error in a 2019 amendment. 86 Correcting error—standards in Section 5.8.3 include standards for EDH-4. 87 The only existing standard is that this use is not allowed as a CU district,therefore potentially allowing it's use as a NR-CD is similar to the existing regulatory intent. Orange County,North Carolina—Unified Development Ordinance Page 5-6 TABLE OF PERMITTED USES *=PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 RM AS El 11 12 13 PID 1 2 1 2 1 2 3 4 5 C C C C -1 Animal Feed Preparation, Packaging,and Distribution ■ ..:: min •• _ ®®■■■■■■■■■■■■o■■000■■o■o■■0000�o�■■■■�� Seafood Preparation, Packaging,and Im Distribution IM Starch,Vegetable Fats • Oils Manufacturing Tobacco - • Preparation, Packaging,and Elm 88111■■■■■■■■■o■■000■�o■o■■0000�oa■■■■�� ENE . . . . . . . ■ - . see. ... Ammunition Packaging,and Distribution II 158 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE 01 AS El 11 12 13 PID ED13- D- •D Petroleum and Coal 28(L) Product Processing, Preparation and Distribution 28(M) Printing and .as Lithography 28(N) Pulp, Paper,and Paperboard Mills 28(0) Research Facility A with Manufacturing 28I(P) Recycling of II Materials 28(Q). Sawmills A �s_o A MEDICAL USES 729 MedicalUses Except as 0 A Identified Herein  7 - - Hospital 2 (B). Veterinary Clinic S A* A* A* A A A A 2 (C). Veterinary Hospital A A OFFICE AND FINANCIAL SERVICES USES 30. Of ce and Financial Services Ex ept as Identified Herein - - - — — — — - - - 89 Correcting an inadvertent error that was part of a 2019 amendment. 90 Correcting an inadvertent error that was part of a 2019 amendment. 91 Correcting an inadvertent error that was part of the 2019 amendment—standards in Section 5.17.1 does not include the GC-4 district. 92 Correcting an inadvertent error that was part of the 2019 amendment—standards in Section 5.17.3 do not apply to these zoning districts. 93 The revisions for this use type(row)correct an inadvertent error in 2019 amendments. The revisions reflect the actual requirements in existing Section 5.20. Orange County,North Carolina—Unified Development Ordinance Page 5-9 159 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE 01 AS El 11 12 13 PID EDB- D- •D Building/Trade 3q(A). Contractors Office A with Equipment Storage Yard 30(B). Pawnshop or Payday Loan Research Facility— 3 (C). Without 947 A* A* A- ManufacturingRECREATIONAL USES 31. Bo�anical Gardens& * * * * * * * * * Ar oretums - - - 32. Ca np S S S * 33. Go f Course A A A A A A A A A A A A A A A A A Age A A A 34. Go f Driving and Practice 13 Ra iges S - - 35. Gu ast Ranch A A 36. Pa ks * * * * * * * * * * * * * * * * * * * * * * * * 37. Race Track Facilities A 38. Recreational Facilities S S S S S S S SS 0' SS 0- 02t A± SS A- SS Al- WE Al- 0- A A A S S S S S S S S S RESIDENTIAL USES 39. Campground 40. D (ling; Manufactured Home 41. D (ling; Multiple Family * * * * * * A A 94 The revisions for this use type(row)correct inadvertent errors in a 2019 amendment and also reflect the removal of the CU process from the UDO.. 95 Correcting error—all golf courses are to be subject to the standards in existing Section 5.7.4. 96 The deltas(A)in this row are correcting an error as all recreational facilities are intended to be subject to the standards in existing Section 5.7.2. Orange County,North Carolina—Unified Development Ordinance Page 5-10 160 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF PERMITTED USE A=SUBJECT TO USE STANDARDS.A, ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE 01 AS El 11 12 13 PID ED13- D- •D 42. D (ling;Single-Family 43. D (ling;Two-Family * * 44. Fa nily Care Facility * * * * 45. Group Care Facility 9 a a a a 9 a as as as as as 0 A 4 A 4 4 S S S S S S S S S S S S S S S S S S S S S S 46. Group Home �S as as A A 0 S S S S S S S S S S S He Ith and Personal Care 47. Fa ility A A A A A A A A A A L 48. Recreational Vehicle 49. Ro ming House Teporary Use of Residential 97 9s 50. M ile Unit 0 0 A � � A A A A S— A S— 0 a A A AUTOMOTIVE/TRANSPORTATION USES 51. Ai+orts,General Aviation, A A A a Heliports,S.T.O.L 52. Bus and Rail Passenger Shelter * * * * * * * * * * * * * * * * * * * 53. BusTerminals&Garage A A* 54. M or Freight Terminal A* A* W A* A* A" A* 55. Moor Vehicle:Maintenance A* A* A. 56. Moor Vehicle:Repair A* A* 57. Mo or Vehicle:Sales/Rental A A I A =Al 97 Correcting a long-standing error in the Table of Permitted Uses;the ED13-2 development standards(Article 3 chart for ED13-2,#7)currently allows for this use with the issuance of a Class B SUP. 98 Correcting a long-standing error in the Table of Permitted Uses;the EDE-2 development standards(Article 3 chart for EDE-2,#6)currently allows for this use with the issuance of a Class B SUP. 99 The revisions for this Bus Terminals&Garage,Motor Freight Terminal,Motor Vehicle:Maintenance,and Motor Vehicle:Repair are because the only standard(Section 5.16 is that these uses would not be allowed as a CU. Since the CU process is being removed, these uses would be allowed only in the NR-CD,which replaces the CU process. Orange County,North Carolina—Unified Development Ordinance Page 5-11 TABLE OF PERMITTED USES *=PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 RM AS El I 1 12 13 PID 1 2 1 2 1 2 3 4 5 C C C C -1 01-tor Vehicle Service Cle.tal&Parcel Delivery Service MEN RETAIL USES rp _ l� ail Uses Except as Identified oil�ein mom Country Store ■■■■■■■■■oo■■■■o■■■■■■■■■■■■■■o�■■■�■■■■ MEN SERVICE USES JENNIE -vice Uses Herein - Body Art(Tattoo, ME Body Piercing,etc" Drinking■® l ■■■■■■■■■0000000■■■■■0000■o■o■■■o■■�■■■■ Me ® Funeral . ■■■■■■■■■■■00■■■■00■■■■0■■■■■■■■■■■�■■■■ NCO Garden Center ■■■■■■■■■0000■■0■■■■■■■■■■■■■■■■■■■�■■■■ goo 1 . . .. . . ... . . 162 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE 01 AS El 11 12 13 PID EDB- D- •D Short Term Rental 6 (I). Small—Host A A A A A A Occupied Short Term Rental 6 (J). Large—Host S S Occupied 6 (K). Short Term Rental— A $ $ A $ $ A 9 $ Non Host Occupied 104 6 (L). Junkyard/Salvage A A A A Yard Kennel Class II 13 B a as a as as A A A A S S S S S Petroleum Product 62(N). Storage And Distribution 62(0). Sexually Oriented A A Businesses 6 (P). Storage of Goods A A A A A A A A A 62(Q). Taxidermy S A A A A A A 0 TELECOMMUNICATION USES IF 63. Telecommunication Tower(75 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A fe or shorter) Tel communication Tower $ $ $ S S $ $ $ S $ $ $ $ S $ S 64. (O er 75 feet to less than 200 as as as as as as SS as 13S -*-A A A A A A A fe in height) S S S S S S S S S S S S S S S S — 65. Telecommunication Tower(200 A A R 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 fe and higher) 66. Ha Radio Towers A A A A A A A A A A A A A UTILITIESLos 104 The only standard for this use type is that it would not be permitted as a CU district.Since the CU process is being removed from the UDO,the proposed NR-CD district is the most appropriate review/approval process for this use type. 105 The revisions in this use type reflect the existing requirements in Section 5.9 which must be adhered to unless a condition is written into an approval that allows for a difference from the established standards. Orange County,North Carolina—Unified Development Ordinance Page 5-13 TABLE OF PERMITTED USES *=PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 RM AS El I 1 12 13 PID 1 2 1 2 1 2 3 4 5 C C C C -1 Switching01-vated Water Storage Tanks Pubic Utility Stations 1, .: Stations, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . phoneTel Sewage Treatment Plants ■ Liquid ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 0 w4ter&Sanitary Sewer 012.r Array—Large Facility ®C Publico000000000000■00■0000000■■■■■■■■■■■.a■■■ MENMEN WASTE MANAGEMENT USES pr Im 1W I IF 1w— IF ■ Neste ManagementFacility ■■■■■■■■■■■■o■■■■■oo■■■■■■■■■■■■■■■�■■■■ MEN Wholesale Trade Uses — — ■ Moolesale Tr.. MENNEN■■■■■■■■■■■■■■■■■■■■■■■■■■■■MI■■■■ ■l■ A v I M oil munity Center Me-ce . . . o000000000000■■0■000■00■■■■■■■■■■■■oa■■■ Table164 Article 5: Uses Section 5.2: . Uses TABLE OF PERMITTED USES *=PERMITTED USE 0=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE O/ EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 RM AS EI I 1 12 13 PID 1 2 1 2 1 2 3 4 5 C C C C -1 :1 or�nore 1 1 1 • 1 1 1 1 1 1 1 1 1 1 165 Article 5: Uses Section 5.3:Application of Use Standards •N 5.3: APPLICATION OF D• '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 5.4-7-22 establish additional standards for specific Permitted Uses,Special Uses,Con titieRal Uses,and uses permitted in Conditional Zening 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;and (2) The Beard of Gn„nty rernmiss-inner •Board of Adjustment shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use,which is listed as a Special Use in the district in which it is proposed to be located,complies with all required regulations and standards including the following general conditions: (a) The use will maintain or promote the public health,safety and general welfare,if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity,in which case the use need not maintain or enhance the value of contiguous property);and (c) The location and character of the use,if developed according to the plan submitted,will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan,or portion thereof,adopted by the Board of County Commissioners. (B) Specific Standards In addition to the general standards stated in Section 5.3.2(A),the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit: (1) Method and adequacy of provision of sewage disposal facilities,solid waste,and water. (2) Method and adequacy of police,fire and rescue squad protection. (3) Method and adequacy of vehicular access to the site and traffic conditions around the site. (4) Other use specific standards as set forth herein. (C) c GisiG Standards for Class A Special Use Per� ��a�pea a Standards� o� a�p�aea miss Within Hillsborough EBB:— in addition to the general and specific standards for all Special Use Permits,the following standards shall be addressed by the appliGant befere the issuanGe of a Class A Spe I Ice Dern.it.yithin the Hillsberreugh Cnnnernin D8VelepMent Dictrint 108 This entire subsection was moved to Section 5.22.2 because uses in the Hillsborough EDD that formerly required a Class A SUP are proposed to be processed through a Conditional District process. Orange County,North Carolina—Unified Development Ordinance Page 5-16 166 Article 5: Uses Section 5.3:Application of Use Standards 0) General o,o :sieas /)This section-establishes criteria pertainingto appearance in the desiga-of ellanen--s feat,eras that are ebsewe.d by the p„blin /h�) Aesthetac nriReria are+�nt ,nt �+ ten nation a+innof +vaF e+., but Father+e a is in fnnL Isipg nn.design p y.y ples hinh. J 4 eatiye s911 hinny that will n ete visual appearanGe.within the nit., and n Int., presewe taxable yal wes and p mote the nWblin health safety and welfare (2) General Design Ctandar^'s /al) Har�Q and effin•nnt o nizatiGo (, The site plan shall be organized harmoniously and efrtdent.,t ;a elation toexisting topegraphy,the size and type of plot,the nharanter of arlioining property,and the hype and size of hi iil The site will be developed+n fait+ate tirderly develepmeRt�f n+ /b�)PrPseP/a+inn of na+„ral sta+tp Desirable vegeta+in er ather ueRah�al fe-A{res s Ipa,she preserved in their nab-ral state when n antinal (T,)Thee Environmental Protection-Plan shall nc'lde the locations of all existing trees 12"diameter fey it feet aheye the g nd (c)€nhancement�_..t_o._f residential privary The site plan shall provide r able y al lighting R d s n.d privaGy for all adjaGent dwelling units. /.dam) EmergerRGy access StrWtures and ether site features shall be arranged te permit pFaG ernergeRGY vehicle a s to all sides of hi iiI dings Every structure and dwelling nit shall have arress to a p bl•r street /f�)Non motori7prl n n �yila+ion ARG��T+erize d n gi rla+ion syste shall be reyi.de wh inh ydiren4 effinien+ n.d pleasant ()The systern shall he n plementar.y to but ind ne�en+�f+ham yehini filar nirni nation system (g) Design ef assess and egress dFives The Innatinp size, nrd n rnbers of ingress anyd e s drives to a site Oil he s+rin+l.y limited.g tom a the ga+iye im an+s OR „blip streets and OR Thii TY adja eRt prmpert" s_shall i nlw.dae formal e8RttF y_wayys as nRd t aGGeSS o outparnels from inside the development only, /h`) r.dina+in .with Off_Ritt-nimI IIatiAn 6,YGt8M6 m The arrangement of rights of or easements for c,rcuta o try rrangemen ;,g'" ,-••a, or shall n errdinate..with the pattern of existing and planned streets pedestrian an �y d/or binnle pathway and transit ro,hey in the � area. Orange County,North Carolina-Unified Development Ordinance Page 5-17 167 Article 5: Uses Section 5.3:Application of Use Standards i�GenReGtien te adjaGeRt ;es is eRGewraged wheKe pessible.. Storm�++or contra! 0) —Rretest•..ti.mp;;sares shall ens,re that riemAval of arm tPr ry.neff Vn,ill net adversely affect neighboring n ernes er the iiblin storm drainage system-. Prev�siGns shall he made fnr nn n?+n-n+ice n of storm ate r fe nilities nn11ding grading ,fitters nd PiPiRg to direst s+ormwater and preVen+e vrr. urfane water n all paved areas%,-;hall he neuented at irate n,a l� that do not obstruct yeh•n for o pedestrian traffic-. €xtms"lighting The ca+'on type ze nd d'rec+'o of ever' r I'gh+'n shall no+c ause glare or diFeGt illuminatien that interferes with ad•a en+p ert'e safety of publiG rights of way. (k) RrE4849n ef-prepertyyaluees Clements of a site plan shall hen ed+e have minimum negative an+o values of adieininry n arty and ether en site wises. !4t ) SpeGif:i.Standards nrds (a) Unless otht„e_�-o..n..�se Ond Eated here nn,the the releya�ant standards for the see Gnpnpmin Development 7epipg D'Strints shall apply-. (b) Where aGt'ons,designs,or solutions proposed by the appliGant are not literally in aGGord with the a plinahle r iila+inns of this(lydinanne h„+ the Qoard of GAWRt.y Gemmissieners ales a finding in the partinIGas �lar e that p,Iblic n6wpeses are satisfied+o a eqw ,ales+o eater degree the Board of GG Rt y f'`om mission ers mx make s cific mod'ficaflon of the regulations in particular G�se. Any modification of F8gi IIa+inns shall he a plini+l.y indicated in the a ,ed n mi+ (s)Relatienship Gf bWdIdiR gS tG site Thee site shall he planned ten .ride fer adequaa+eplantingg, edestrian m ent nd parking areas. Parking areas shallhp trpatpd with r1pnorati„e elements hi ilding ,all evtensions plantings berms ether in ,atiye m s+o s apkin areas frem view from p blip ways pd reduce heat generated by paved areas. WItheT,ewt rcYestr'Gt'Rg thepermi6sible Is,;mitm•+a-6f the-apppp'.nGable-ZBniRg district the height and scale of each building shall hen pa+'hle th its site and existing p n+•c a+ed adie'n'Rg buildings. OV) All utility services shall be underground /d\ la+men of building and site to dieining \v�l�e s'>hlp"-or-ow..crrrrysi� �cruw�oa .r..gy-i'ireasi \�AttraGt'Ve l�Qnd SeRpe tFansifien+e adieiniRg p es shallbehe previded. Trr� gTMh+Tinn intensity at the-prvPc�rty line tadjw Gent teresidential iSeS shall not he greater than 1/fnntnandle (e) BNT.w^ g d8GigR Orange County,North Carolina—Unified Development Ordinance Page 5-18 168 Article 5: Uses Section 5.3:Application of Use Standards Arc;.iteetYFaI stye 06 Rat FeStricted..€valuati n of then neaFanGe of a n apt shell he hnsefl -on its relationship to the ndings Primary anal pedestrian facades a erl Hillsborougt�. !!� SPGGif'c b i T aterWsare n�en.dersed. Evaluation 0 0 +ho earanGe of a project shall be based on the relationship to �&. a Ma+er'als and design shall hecompatible with each o+her multiple building p acts g Materials shall he selected for swd+chili+..to the type of b��ildiRgs anal the.design ip Which they a used. facades and non publio or ser0ce areas. G. Materiels Wth queE)rel character are 8RGG61Faged. �6 1i1„a,ings aR dr,a-hb'ildiRg GG RPGRGR,tS,SkIGh as walls,Wo;dGW&, .dears eaves, nrl n pets shall have hwrRan p or+ions ap.d rela+'onsh'ps+e o no+her //1�W)Mesfhe,R;oare ;,eRt eF et41'+h tilie haFdi.yaarreA�'rr he-reef, e4e ri els hermnnin,is w0th the building, r they shall he s Innate�Qasnot tope vri-sohle from aRy ublic ways. This prrovisk n rdoes net apply to the installs+ien of electric vehicle charging &ta+'irer•s M F=)teri F lightng shall be part of the amhitGGtUral n..Gpt. Fxtures,standards,and all exposed amessories shall he hermenie��s with h��ilyd'pn rdes io (Vd) Recyolm^9 and waste removal areas,serv'Ge yards,storage yards,and exteFier werk areas shall be IeGated away fFeFn and erd frem v w frem pi ihlic ways,USiRg materiels ar stater) fer equipment GGre8RORg. Areas shell he sized to nr.d'n )von) Variat'GR of.detail form material R d cS+iRg May 138 618ed tG provide visual interest In multiple I+' l buildingprojects, pro. variable siting of inrdiyirdwel buildings may he used to preveRt e to /f,) LaRanrl Site Treatment I anrdscape elemen+s inniu derd in these nri4e fie nnnsmst of all fArms of planting and vegetation nrd forms cL gFG61PORgS, later patterns n.d all. sible n ns+r6Ic+ion a anal Utility buildings an Utility stFw Gt6Ims �� p.d a is+iRg vegetation shall be rnalAtAdned in A fl961rish'Rg m 0) Natural or existing toppoongraaphio patterns G +r'h�he beauty and utility of a rdeyelepmen+shell be preserved and rdeyeleperd Me.difice+ien to topeoraphy will hepermitted where-it ontrih,tps to geed a and.deer not adversely effect nne n4 nat'oral feat,ires anrd rdrainaneways Grades of walks, paFkiRg spaces,terraGes,and ethe paved areas shall n yi.de a V*tinn anal stable a Orange County,North Carolina—Unified Development Ordinance Page 5-19 169 Article 5: Uses Section 5.4:Standards for Temporary Uses 1�LanQ featment shall he pFeyided+n en haRGe a.n�ii+eGt�r ral features,strengthen vistas and i extant visual n rriders Rd previde shad— e /i..\ Jt.. f de shall-be achieved etrt�f ne Ian T9orvcslg^ e� ,�^TPra^ vgrmptops And othpr matprials and by n vela+inn with adjanen+ develeprnents— (V) Plan+�a+erharsha la be selected fa—r it,-;ergtr„n+,rn +ex{iFe,ap'd pnlor for interest and for its ultimate g wth Use of native plants ged;others that will be hardy, harmonious to the ,fnsi.-.n n.J of geed appearanne.Gan hp allowed (yi')An FbS,tF88 guards er a+he deyinesshall he eplayed+e nrotent plants s ep+ihle to injury by pedestrian e motar+raffia (van) ParkiRg sand-traffir--ways shall he eeha�nnpd with tT^� r'crr'�c,'cv T'v-n-vrnowv7 lap.tsnape.d spaGeG ontaining trees or tree g (Vi S8P.6Ge yards and other unsightly plaGeS shall he screened-4y use of walls fencing and/or planting (s)signs 0) Every Sign shallhave appmpriate Seale and p amine in its design and in its., gal relationship to buildings and surroundings. A unified signage plan shall he submitted and approved with the Spenial I Ice Perp.it (ii' ) Every Sign shall be sigmdaas-an Real arnhitenti-ral element of the huil'lina and the site to..,high it pFiRGipally relates (i'i\ ers maate�mials and lighting f every S shall bee Trrr� r'v-r.grraT'�o T fig^ harmanio i`s with the hi i01d inn and site+e..,high it PFORGipall.i relates. (i..\ number of nrapphiG elements en a;sign shall he held+e the ve.Jed to convey the smessageand shall be GOMposed in pmpeFtien to the total area of the sign faGe. ( ) Freestanding signs shall_„not_+be pole,moan rated. (h\ +e�oanne planning and de fantod �� �^^*^5-a�.�sFga��rs Materials a�finishes shall be selected fer their d Fabil'tyweaF as a we11 as far the ir he alit.i Preper measi-ms and d1eyie es shall he in rater-fer nrotentie against the elements glen4 damage nrl abuse \�PFGV�60ens fer mleaningg b iildinggs and_strun-Tres and nn +del of dirt and refiise shall he innluded OR the rlesigp GE)RfigUra+ier.s that tend to accumulate debris and dirt shall be avoided. SECTION 5.4: STANDARDS , • . TEMPORARY . . 5.4.1 Yard Sale (A) Standards of Evaluation (1) Yard sales are permitted in accordance with the Table of Permitted Uses provided that these sales do not exceed two days per month. 5.4.2 Temporary Fund Raising Activity (A) Standards of Evaluation Orange County,North Carolina—Unified Development Ordinance Page 5-20 170 Article 5: Uses Section 5.5:Standards for Residential Uses Residential Mobile Homes may be permitted as a temporary use during construction in accordance with the following: (1) The property owner shall reside in the temporary residential mobile home during construction of a new residence or the renovation of an existing residence on the same lot. (2) Prior to placement of the temporary residential mobile home on-site all applicable state and local approvals and permits shall be procured, including but not limited to a zoning compliance permit,building permits,and health department approval. (3) The temporary residential mobile home must be removed within 90 days of receipt of the certificate of occupancy for the on-site residence. 5.4.5 Buildings for Temporary Use (A) Submittal Requirements and Standards of Evaluation for r'�� R 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) Site plan showing all existing and proposed structures on the site, existing and proposed topography at a contour interval of five feet, existing and proposed landscaping, parking areas,access points,any officially designated flood plains,and other site details. (b) A description of the exterior materials,color and construction details. (c) Statement of proposed use and length of time building will be in use. (2) Standards of Evaluation (a) The temporary building shall not be used for residential purposes. (b) The temporary building shall not be used by operations offering drive-in services. (c) The use of the building shall be only for the period of time specified and for the use specified. (d) The proposed use is a permitted use in the district in which it is located. SECTION -D • RESIDENTIAL USES - 5.5.1 Accessory Structures and Uses (A) Standards of Evaluation (1) Accessory structures and uses,including recreational uses and amenities,shall not be located in any required front open space and shall conform to the principal setbacks of the district where located unless otherwise provided in this Section. (2) An attached private garage,or carport,not exceeding 12 feet in height,may occupy a portion of the required side open space,provided that this does not result in a required side open space of less than 7%of the lot width, nor a total, when combined with the required side open space of the lot immediately adjacent,of less than eight feet. (3) Mobile homes as accessory structures to residential uses are prohibited. 5.5.2 Campground (A) Use Standards Orange County,North Carolina—Unified Development Ordinance Page 5-22 171 Article 5: Uses Section 5.5:Standards for Residential Uses C. The location and type of required landscaping and/or screening. (ii) A floor plan of the residence and/or accessory building in which the home occupation is to be located showing the location,size, and use of each room or area within the residence and/or accessory building. (2) Standards of Evaluation- (a) All Home Occupations (i) No home occupation may be operated in a residence except as permitted under this Ordinance and only after a Home Occupation Permit has be issued in accordance with the provisions of Section 2.22 of this Ordinance. (ii) Home based business operations that conduct only online retail sales and do not include nonresident employees located onsite, signage,or onsite students,customers,and/or clients do not require a home occupation permit. (iii) Uses Not Permitted a. Except for the office component of the business operation,the following activities are explicitly prohibited as home occupations: i. Automotive repair, ii. Automotive service, iii. Automotive detailing, iv. Body shop,and V. Hauling. b. The above list is not intended to include all uses which may be unsuitable as a home occupation. Home Occupation applications for other uses may be denied if the Standards of Evaluation listed herein are not fully met. (iv) No equipment or process shall be employed that will cause noise,vibration,glare,odor or electrical interference detectable to the normal senses at the lot lines in the case of detached dwelling units or outside the dwelling unit,in the case of attached dwelling units. (v) The on-premises sale and/or delivery of goods which are not produced or modified in a manner that adds value to the product on the premises is prohibited,except in the case of the delivery and sale of goods incidental to the provision of a service. No goods,products,or commodities purchased and secured for the main purpose of onsite resale shall be permitted. (vi) All events conducted in connection with the home occupation and exceed the number of permitted daily students,customers, and/or clients contained within Sections 5.5.43(A)(2)(b)(i)cd and 5.5.43(A)(2)(c)(i)e9 must adhere to Section 5.4.3,Special Events. (b) Minor Home Occupations (i) General Operations Orange County,North Carolina—Unified Development Ordinance Page 5-24 172 Article 5: Uses Section 5.5:Standards for Residential Uses been constructed to meet building code requirements applicable to a residential accessory structure,and must have been in existence for at least 36 months. (iv) Use of Outdoor Storage a. Up to 500 square feet of outdoor storage area may be permitted only in the RB,AR and R-1 zoning districts provided that it: i. Is clearly defined on the site plan and on the ground. ii. Is located at least 40 feet from any lot line or road right-of-way;and iii. Is totally screened from the view from the road and from adjacent property in the same manner as is required for accessory buildings. (c) Major Home Occupations (i) General Operations The following requirements apply to major home occupations: a. Major home occupations shall be permitted only in the AR and R-1 zoning districts. b. All major home occupations shall be located on parcels at least five acres in size. C. The owner or operator of the home occupation must live in a residence located on the same zoning lot as the home occupation. Up to six permanent and/or temporary nonresident employees may be permitted onsite at any one time with the exact number established in the Special Use Permit. d. The total amount of square footage permitted for a residential dwelling unit used in conjunction with a major home occupation,which exceeds standards referenced in Section 5.5.43.A.2(b)(i)b,shall be determined with the approved Special Use Permit, but in no case shall the total exceed 50%of the floor area of the dwelling unit. e. Up to eight students,customers,and/or clients shall be permitted onsite at any one time,not to exceed a total of fifteen students,customers,and/or clients per day. (ii) Limitations on Traffic Generation a. Traffic generated by employees,students,customers, and/or clients shall not exceed more than fifty trips per day.All deliveries must be made by vehicles of a size normally used for household deliveries. b. All major home occupations shall conform to the standards of Section 5.5.43(A)(2)(b)(ii)c. C. Parking generated by the home occupation shall be met off the street and set back at least 40 feet from all property lines. d. Major home occupations located on public roadways may be required to submit a driveway permit prior to approval. Orange County,North Carolina—Unified Development Ordinance Page 5-26 173 Article 5: Uses Section 5.5:Standards for Residential Uses e. Major home occupations located on shared private roadways shall be required to submit a private road maintenance agreement prior to approval. (iii) Use of Accessory Structures a. An accessory building containing up to 2,500 square feet may be utilized,with the approval of a major home occupation,on tracts totaling five to ten acres in size.An accessory building containing up to 3,000 square feet may be utilized,with the approval of a major home occupation,on tracts greater than ten acres in size. b. All accessory structures shall be built with materials not incompatible with a residential accessory structure. C. Setback standards for all accessory structures shall be determined with the approved Special Use Permit and in no case be less than 40 feet from all property lines. d. The accessory structure must be screened from view of the road and adjacent property by a densely planted evergreen hedge of shrubs or trees. In lieu of an evergreen hedge,a six foot stockade fence and deciduous vegetation planted on the outside of the fence may be used for screening purposes.Screening will not be required when: i. The accessory structure is located 80 feet or more from all property lines;or ii. Existing vegetation provides suitable screening of the accessory structure from all adjacent properties. e. New accessory structures built for the purpose of conducting a home occupation shall not exceed square footage allowances referenced in Section 5.5.413.A(2)(ec)(i i i)a'09. f. An existing accessory structure which is larger than the permitted size referenced in Section 5.5.43.A(2)(ec)(iii)a may be used for the home occupation provided that no more than the permitted amount of square feet is used for the home occupation and the area is physically separated by walls or other barriers. In order to qualify as an existing accessory structure for the purpose of conducting a home occupation,the structure must have been constructed to meet building code requirements applicable to a residential accessory structure,and must have been in existence for at least 36 months. (iv) Use of Outdoor Storage Space a. Up to 500 square feet of outdoor storage area may be permitted in conjunction with major home occupations provided that it is: i. Clearly defined on the site plan and on the ground. 109 Correct reference. Orange County,North Carolina—Unified Development Ordinance Page 5-27 174 Article 5: Uses Section 5.5:Standards for Residential Uses ii. Setback standards for outdoor storage space shall be determined with the approved Special Use Permit and in no case be less than 40 feet from all property lines;and iii. Totally screened from the view from the road and from adjacent property in the same manner required for accessory buildings. 5.5.5 Home Park (A) Standards for HP-6ZCD (1) Permitted Uses and Structures In addition to Mobile Homes and/or Temporary Residential Units,as defined by this Ordinance,the following accessory structures and uses shall be permitted: (a) Caretaker's or manager's home or office. (b) Service buildings and areas necessary to provide washing and drying machines for domestic laundry,sanitation, rest rooms,storage,vending machines,and other similar services provided by the facility for the use and convenience of the home park tenants. (c) Recreation buildings/facilities and areas serving only the Home Park in which they are located. (d) Customary accessory buildings and facilities necessary for operation of the Home Park in which they are located. (e) Storage buildings for individual Home Park Spaces and intended for the exclusive use of the Home Park Space occupants shall be permitted. Such accessory structures shall meet required setbacks from adjacent structures. (f) Fenced,communal storage areas provided by the park operator for boats,campers,and other accessory vehicles belonging to park residents. (g) Sales of mobile homes and/or Temporary Residential Units already located on approved and established Home Park Spaces. (2) Home Park Space Requirements (a) A Home Park shall be divided into individual Home Park Spaces,each Home Park Space having an area and width consistent with Section 3.8. The Orange County Health Department may increase the minimum area requirements for the park and/or individual Home Park Spaces where necessary to be consistent with groundwater resources and/or the limitations of providing sewage disposal systems for the proposed home park. (b) Only one mobile home or Temporary Residential Unit and its customary accessory buildings may be located within any Home Park Space at one time. Additional Efficiency Units or Temporary Residential Units shall not be permitted within an occupied Home Park Space. (c) The location of each Home Park Space must be at an elevation,distance and angle in relation to the adjacent access drive or street such that placement and removal of the mobile home or Temporary Residential Unit is practical by means of customary moving equipment. (d) The surface of each Home Park Space and the area around it shall be graded where necessary to provide proper drainage and prevent the accumulation of water. Orange County,North Carolina—Unified Development Ordinance Page 5-28 175 Article 5: Uses Section 5.5:Standards for Residential Uses (5) Vehicular Access for HP-CZ-CD Districts (a) Each individual space shall abut an improved access drive or street approved by the County. (b) No individual space shall have direct vehicular access to a street or thoroughfare other than those located within the home park. (c) The street layout within the Home Park should be appropriately related to the topography,locations of abutting land uses,drainage patterns,street function and other natural features of the site. (d) The planned layout of streets should minimize overall length of streets and provide for the safe,continuous flow of traffic. (e) All streets shall be located within a 40 foot right of way (f) The travelway for all streets shall be at least 18 feet in width and must comply with the drainage standards established in this Ordinance. (g) All streets shall be constructed with paved,all-weather surfaces consisting of four inches of base material(crusher run)and 1 '/2 inches of 1 2 asphalt or tar and gravel surface treatment consisting of a minimum of six inches of base material(crusher run)covered with alternating layers of tar and pea sized gravel. (h) Every street shall have a maintained six foot wide shoulder running parallel and adjacent to each side of the paved street surface. The shoulder section may be used for walkways,driveways,grass or low growing vegetative ground cover or utility rights of way. (i) The maximum length of a cul-de-sac shall be 800 feet. Culs--de-sacs10 shall have a paved turnaround radius of 45 feet with a right of way radius of 55 feet. Q) No street shall intersect another street at an angle less than 60 degrees. (k) The turning radius at street intersections shall not be less than 30 feet. (1) Offset intersections are to be avoided,but where permitted,they shall be separated by a minimum distance of 200 feet between street center lines. (m) Streets intersecting with a State maintained street shall conform to the standards of the North Carolina Department of Transportation specified in Subdivision Roads Minimum Construction Standards. (n) Required off street parking spaces must be surfaced with at least four inches of compacted crushed stone or an all--weather' paved surface. (6) Signs (a) Any sign erected on-site shall comply with the standards established in Section 6.12 of this Ordinance. (b) Traffic control signs(stop,yield,speed limit,children playing signs,etc.) meeting the standards of the Uniform Traffic Control Manual shall be placed throughout the home park where necessary. Culs-de-sacs"-Z shall have`Dead End'street signs erected at the entrance to such streets. iio Correct grammar error. 11 Correct grammar error. 112 Correct grammar error. Orange County,North Carolina—Unified Development Ordinance Page 5-30 176 Article 5: Uses Section 5.5:Standards for Residential Uses (7) Street Names,Signs&Addressing (a) All street names shall be approved by the Orange County Planning Department and Land Records staff. (b) Street signs shall be located and constructed to Orange County standards and shall be installed outside the right-of-way at all intersections. (c) Each applicant shall submit to the Planning Department and Land Records for approval a space addressing system consistent with the Orange County Addressing Ordinance. Upon approval of the home park, the applicant shall submit an approved copy of the addressing plan to the emergency services/fire protection agency responsible for providing such services. (d) Each space shall have a permanent address sign erected in accordance with the Orange County Addressing Ordinance. (8) Grounds and Buildings (a) The grounds shall be maintained free of litter,debris and trash,including but not limited to abandoned appliances,automobiles, building materials or similar materials. (b) Grounds, buildings and storage areas shall be maintained to prevent the growth of ragweed, poison ivy, poison oak and other noxious weeds. (9) Mail Facilities (a) Within each HP-CZ-CD district shall provide a clustered mail delivery system,in compliance with the appropriate postal service guidelines. Applicants shall consult the appropriate agency for the specific requirements of this system. (b) Access to the mail delivery facility must be designed to allow three to four cars to stop at the mail delivery facility without conflict from passing vehicles. (10) Garbage&Refuse Collection (a) All garbage and refuse shall be stored in suitable waterproof and rodent proof receptacles which shall be kept covered with tightly fitting lids. (b) A central collection system shall be provided either through a private collection system for individual spaces or through the use of bulk containers(dumpsters). (c) Where bulk containers are used,there must be at least one four cubic yard bulk container for every 16 individual spaces,which shall be emptied weekly. Within the HP-SZ-CD district,parks with fewer than 16 spaces shall be required to provide one container. (d) Bulk containers shall be front loading wherever practicable. A side- loading container may be allowed where a front-loading container is not feasible and the property is accessible to a regular route of a side- loading refuse collection vehicle. (e) Where bulk containers are provided,a six inch reinforced concrete pad shall be provided to set the set container and also support the front wheels of the truck during the loading operation. The pad shall be 10 feet in width and 20 feet in length with at least 10 feet of the pad accessible for the truck to drive onto in front of the dumpster container for front loading pickup. If side loading containers are used,the pad may be 12 feet in width and eight feet deep with no projection for the truck wheels. Orange County,North Carolina-Unified Development Ordinance Page 5-31 177 Article 5: Uses Section 5.5:Standards for Residential Uses (b) The home may be placed on a permanent support system,if desired. If a solid concrete or masonry perimeter foundation is used,the exterior covering material shall not extend below the top of the foundation. (6) Temporary mobile homes installed in accordance with the Table of Permitted Uses are exempt from the support system requirements established in Subsections(4)and(5)above. However,skirting is required and the mobile home must be connected in conformance with all applicable laws and regulations. 5.5.8 Group Care Facility (A) Submittal Requirements and Standards of Evaluation for Class Special Use Permit or Conditional Districts (1) Submittal Requirements In addition to the information required by section 2.7 or 2.9,as applicable,the following information shall be supplied as part of the application for approval of this use: (a) A description of the type of persons to be cared for and the nature of the care to be provided. (b) If structural alterations to existing structures or new construction is required,a complete description of the nature and extent of these alterations or new construction. (2) Standards of Evaluation (a) The proposed use is not within 500 feet of another existing Family Care Facility or Group Care Facility. (b) Structural alterations shall be of such a nature as to preserve the residential character of the building. (c) If a state license or permit is required to operate such a facility,the standards necessary to qualify for such a permit have been met. 5.5.9 Group Home (A) Submittal Requirements and Standards of Evaluation for r'�� QQ Special Use Permit or Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7 or 2.9,as applicable,the following information shall be supplied as part of the application for approval of this use: (a) A description of the type of persons who will be living within the facility. (b) If structural alterations to existing structures or new construction is required,a complete description of the nature and extent of these alterations or new construction. (2) Standards of Evaluation— (a) The proposed use is not within 500 feet of another existing Family Care Facility,Group Home,or Group Care Facility. (b) Structural alterations shall be of such a nature as to preserve the residential character of the building. 5.5.10 Health and Personal Care Facility (A) Use Standards Orange County,North Carolina—Unified Development Ordinance Page 5-34 178 Article 5: Uses Section 5.6:Standards for Service Uses Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in accordance with the following standards: (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50%of the total square footage of structures on the site. (c) Multi-family dwellings shall not exceed 25%of the total square footage of all structures on the site. SECTIONSTANDARDS • SERVICE USES - 5.6.1 Service Uses (A) Standards for the LC-1, NC-2,and EC-5 Zoning Districts (1) Shall be limited to no more than 12,000 sq.ft.of building area. (B) Standards for the O/RM Zoning District (1) Shall be limited to no more than 16,000 sq.ft.of building area as a principal use of property. 5.6.2 Cemetery (A) Submittal Requirements and Standards of Evaluation for Class R Special Use Permit efor Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7 or 2.9,as applicable,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. 5.6.3 Eating and Drinking Establishments (A) Use Standards (1) Shall have frontage,and obtain access from,a public roadway. (2) Buildings housing nightclubs,bars,and pubs shall not be located within 200 ft.of a residential structure. (3) Drive-thru facilities shall only be permitted within the CC-3,GC-4, EDE-2, EDB-2, EDH-4,and MPD-CZConditional Zoning Districts. 5.6.4 Funeral Homes (A) Use Standards 0) Shall not be p�iffed as a G-An itionai Use Distrigt.Qe#er f�ocec'fi en 5 1.2 of this Ordinance. Orange County,North Carolina—Unified Development Ordinance Page 5-36 179 Article 5: Uses Section 5.6:Standards for Service Uses MLI On-site Crematoria shall only be permitted within the 1-1 and 1-2 Zoning Districts. 5.6.5 Garden Center (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. 5.6.6 Massage Business (A) 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. 5.6.7 Junkyards/Salvage Yards rnrA)UseStandar fs 0)Shal nnf hr.f hpermitted as a(`r.ndif 4ir.n.�l I Isp Distrint Refer to Cenfinn 5 1 2 of this n rd'n (t L Submittal Requirements and Standards of Evaluation for Class A SpeGial Use DerrnotNR-CD DistrocfConditional Districts (1) Submittal Requirements In addition to the information required by Section 2.79,the following information shall be supplied as part of the application for approval of this use: (a) Detailed plans and specifications for the site screening proposed. (b) Description of type and number of motorized machines to be employed upon site. (c) Indicate on the site plan the extent of area to be used for the storage of junked or wrecked motor vehicles. (2) Standards for Evaluation (a) The site shall be screened from adjacent property by a minimum of an eight foot high solid fence or equal,uninterrupted except for required vehicle access points. (b) No materials shall be stored closer than 50 feet to the public right of way or 30 feet to the property lines. (c) Site is of adequate size to protect adjacent properties from adverse effects of the junkyard. Orange County,North Carolina—Unified Development Ordinance Page 5-37 180 Article 5: Uses Section 5.6:Standards for Service Uses 5.6.8 Kennels(Class II) (A) Use Standards 0) Shall not be permitted_a+o.J asa Conditional�I Use District. Defter to Section 5.1 '2-3 oo�_thf this M(11 Allowed as more than I-one 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 Glass QQ Special Use Permit or Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7 or 2.9,as applicable,the following information shall be supplied as part of the application for approval of this use: (a) Plans for all kennels,exercise yards,dog runs,pens and related improvements,including signage. (b) Site plan showing the improvements listed in a)above,other structures on the same lot,and structures on adjacent property. (2) Standards of Evaluation (a) The site is of adequate size to protect adjacent properties from adverse effects of the kennel. (b) No part of any building,structure,dog run, pen,or exercise yard in which animals are housed or exercised shall be closer than 150 feet from a property line,except property occupied by the owner/operator of the kennel. (i) The 150 foot setback established by this section shall not apply if all portions of the facility, in which animals are housed,are wholly enclosed within a building. (ii) For Class II Kennels developed within the EDE-2 zoning district, this setback shall not apply to dog training activities where each dog is under the immediate control of its trainer,owner,or other responsible individual. (iii) For Class II Kennels developed within the EDE-2 zoning district, all buildings,structures,dog runs,pens,or exercise yards in which animals are housed or exercised shall observe the principal setbacks established within Section 3.7 of the UDO in those instances where the property abuts other EDE-2 zoned property and US Highway 70. (c) Any kennel,including primary enclosures or runs,which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height. (d) The site plan shows parking,access areas and screening devices for all buildings and animal boarding facilities existing or proposed for the property. (e) The site plan shall be reviewed by the Orange County Animal Services Department,and found in conformance with the Animal Control Ordinance. (f) Building plans for all kennel facilities shall be reviewed and approved by the Orange County Animal Services Department prior to issuance of any building permits. Orange County,North Carolina-Unified Development Ordinance Page 5-38 181 Article 5: Uses Section 5.6:Standards for Service Uses (2) A Description of the proposed use(s)of the site and the buildings thereon, including the following: (a) Amount of area allocated to each use. (b) Number of full and part time employees. (c) Number of clients and/or occupants expected to use the facility. (d) Proposed hours of operation for non-residential uses of the site and within buildings thereon. (3) Building plans for all existing or proposed structures to include floor plans, elevations,and sections showing restoration/rehabilitation proposed. (4) Landscape plan,at the same scale as the site plan,showing existing or proposed trees,shrubs,ground cover and other landscape materials. (5) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses including any proposed eating establishment. (6) Statement from the appropriate public service agencies concerning the provision of fire,police and rescue protection to the site and structures. (7) The proposed development schedule for the site. (8) Applicants requesting a full or partial waiver of the right-of-way land use buffer shall submit evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina or the County of Orange as a place of historic interest.Applications incorporating historic sites shall provide a description of how the historical style and character of the building and/or property is to be enhanced through the project. (C) Standards of Evaluation for Class A Sped-,Use Perm°•Conditional Districts (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 Sections 6.9 of this Ordinance. The Fire Marshal shall approve the site plan indicating there is sufficient area for EMS and fire truck accessibility. Orange County,North Carolina—Unified Development Ordinance Page 5-41 182 Article 5: Uses Section 5.6:Standards for Service Uses (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. a 1�.. Short Term Rental-Non Host Occupied (ATa )Use Standards /i 1) Shall RGt hepe mined as a Genrlit 4�l.nnl I Ise D strint Rpfnr to Sprtion 5 1 2 of this 5 6 125.6.11 Storage of Goods (A) Use Standards (1) Standards for the NC-2 and EC-5 Zoning Districts (a) Shall be limited to no more than 12,000 sq.ft.of building area. (b) Outdoor storage shall be prohibited. (2) Standards for the GC-4 and O/RM Zoning Districts (a) Shall be limited to no more than 24,000 sq.ft.of building area. (b) Outdoor storage shall be permitted subject to the following: (i) Shall be setback 50 ft.from all property lines. (ii) Shall be enclosed by a fence a minimum of 8 ft.in height. (iii) Shall be screened by a Type B land use buffer as detailed in Section 6.8 of this Ordinance. (3) Standards for 1-1,1-2,1-3, EDBA and EDE-1 Zoning Districts (a) Outdoor storage areas shall be permitted subject to the following: (i) Shall be setback 50 ft.from all property lines. (ii) Shall be enclosed by a fence a minimum of 8 ft.in height. (iii) Shall be screened by a Type B land use buffer as detailed in Section 6.8 of this Ordinance. 5.6.1-35.6.12 Taxidermy (A) Use Standards (1) Allowed as more than 1-one principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Standards of Evaluation for Class R Special Use Permit (1) Enterprises located in an AR zoning district must be located on a bona fide farm. (2) If located adjacent to residentially zoned property,all buildings,structures, Orange County,North Carolina-Unified Development Ordinance Page 5-42 183 Article 5: Uses Section 5.7:Standards for Recreational Uses facilities,etc. used in the taxidermy enterprise shall be located a minimum of 100 feet from the property line. 56145.6.13 Sexually Oriented Businesses (A) Submittal Requirements (1) In addition to the site plan submittal criteria detailed within Section 2.5 of this Ordinance the applicant shall submit proof a license has been issued allowing for the operation of a sexually oriented business in accordance with Chapter 8 of the Orange County Code of Ordinances. (B) Standards of Evaluation (1) Sexually oriented business(es)shall not be located in any building,or portion thereof,that is: (a) Within 1,000 feet of an existing sexually oriented business. (b) Within 1,000 feet of a: (i) Residential land use including any open space established as part of the residential subdivision approval process, (ii) Church and/or place of worship, (iii) School(public,private,or specialty), (iv) Public or private library, (v) State licensed child care facility,or (vi) Public park or recreational facility. (c) Measurement shall be made in a straight line,without regard to the intervening structures or objects,from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest portion of a building,structure,or open space area of a use listed above. SECTIONSTANDARDS FOR RECREATIONAL 5.7.1 Recreational Uses as Accessory Uses (A) Use Standards-Residential Land Uses In addition to the requirements contained within this Ordinance, recreational uses developed as an accessory use to a residence shall abide by the following: (1) General Standards (a) Accessory recreational uses shall not be open to the public or serve as a recreation amenity for other lots. (b) Amenities,equipment,and/or facilities intended for spectators such as bleachers or public address systems shall not be permitted. (c) Outdoor sports field lighting,as detailed within Section 6.11,shall be prohibited. (2) Specific Standards (a) Motor Cross and Go-Kart Tracks (i) All tracks and/or paths shall be located a minimum of 100 feet from a property line. (ii) A track or path shall not cross over active septic fields. Orange County,North Carolina—Unified Development Ordinance Page 5-43 184 Article 5: Uses Section 5.7:Standards for Recreational Uses around the perimeter of the property. (d) Nothing in Section 5.7.2(B)shall be construed as regulating hunting activities or the operation of a shooting range developed for,and exclusively utilized by, local,State,and/or Federal law enforcement agencies. (e) Nothing in Section 5.7.2(B)shall be construed as regulating or prohibiting: (i) Hunting activities or the operation of a shooting range developed for,and exclusively utilized by, local,State,and/or Federal law enforcement agencies. (ii) The holding of turkey shoots or other similar activities conducted as a fundraiser or community event so long as such activities occur no more than three days in a given calendar year on a parcel of property. (iii) The incidental discharge of a firearm,the discharge of a firearm in self-defense,or engaging in target shooting activities on a parcel of property no more than 2 days in a given month. (2) Outdoor Paintball (a) Areas where outdoor paintball activities occur shall be a minimum of 50 feet from all property lines,street rights-of-way,or access easements. (b) A Type B land use buffer,as detailed in Section 6.8,shall be required around the perimeter of the portion of property where outdoor paintball activity occurs. (3) Pitch and Putt Courses (a) Pitch and putt areas shall be located a minimum of 40 feet from all property lines,street rights-of-way,or access easements. (b) A Type B land use buffer,as detailed in Section 6.8,shall be required around the perimeter of the portion of property where pitch and putt course activity occurs. (C) Submittal Requirements and Standards of Evaluation for r'�� QQ Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7,the following information shall be supplied as part of the application for approval of this use: (a) A description of the exact type facility planned,the amount of area, including and number of members or participants expected,a site plan showing siting and size of existing and proposed building. (b) Access, parking,service and recreation areas for all planned facilities or existing facilities. (c) Plans,and elevation for all proposed and existing structures and descriptions of the color and nature of all exterior materials. (d) A landscape plan showing,at the same scale as the site plan,existing and proposed trees,shrubs,ground cover and any other landscape materials. (e) A signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. The statement shall also include a complete list of all recreational activities that will take place on the site. Orange County,North Carolina—Unified Development Ordinance Page 5-45 185 Article 5: Uses Section 5.7:Standards for Recreational Uses (2) Standards of Evaluation (a) The property shall have direct frontage on,and obtain vehicular access from,a public road. (b) Lot size shall be adequate for the method of sewage disposal proposed, and for the proposed recreational uses. (c) The site plan should show the boundaries of the site,the distances to the nearest residential structures, proposed or existing access points, parking and service areas, location of outdoor recreational facilities,and location of existing or proposed buildings. (d) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties,in addition to proposed or existing trees,shrubs and ground cover. (e) Elevations of all structures and buildings. The structure shall be of such a nature as to preserve the residential character of the area. (f) There are no adverse impacts on the adjacent roads or residential property. 5.7.3 Golf—Driving and Practice Range (A) Submittal Requirements and Standards of Evaluation for Glass QQ Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7,the following shall be submitted as part of the application: (a) A site plan showing the following: (i) All existing or proposed buildings,tee areas,lawn areas, (ii) Distances to nearest residential structures, (iii) Access road(s)to the site,with an indication of type of proposed surface; (iv) On-site parking and roads,with an indication of type of proposed surface;and (v) All other requirements as indicated in section 2.5. (2) Standards of Evaluation (a) Unless public sewer is proposed to be extended,the adequacy for the method of sewage disposal will be determined by the lot size and soil suitability. Appropriate letters from the Orange County Environmental Health Department,local jurisdictions and/or the State Division of Environmental Management shall be submitted to indicate preliminary approval. (b) The landscape plan shall show how the facilities will be screened from the adjacent properties. A Type D 50 foot buffer,as indicated in Section 6.8,shall be observed around the perimeter of the property. This buffer shall be located outside of the required dimensional area indicated in d. below. (c) The site plan,as required in Section 2.7,shall be reviewed by the Orange County Recreation and Parks Director. Orange County,North Carolina—Unified Development Ordinance Page 5-46 186 Article 5: Uses Section 5.7:Standards for Recreational Uses (d) The depth of a range along the driving axis shall be not less than 350 yards measured from the locations of the tees and the breadth not less than 200 yards at a distance of 350 yards from the tees. (e) Service to customers shall be halted at dusk. Lighting of the driving and practice range is not permitted. 5.7.4 Golf Courses (A) Intent The purpose of this Subsection is to protect natural,visual,and cultural resources by regulating the location,planning,design,construction,operation,and maintenance of golf courses and associated uses. (B) Applicability The standards contained herein shall apply to all new golf courses,whether proposed as a principal use or as an accessory use which is part of a residential subdivision,or included in a Conditional ZeningDistrict. (a) Notwithstanding the provisions of Section 8.6,golf courses which existed prior to May 21, 1997,shall comply with the requirements of this article when 50%or more of the total playable acreage of golf holes is concurrently reconstructed or altered,or if 50%of playable acreage is added to an existing course.Playable acreage includes all tees,greens, fairways,and roughs measured as of May 21, 1997. (b) Changes to Approved Special Use Permits a'spro^�a*e of In accordance with Section 2 7 12.7.14,the Planning Director is authorized to approve minor changes in the approved plans of Special Uses,provided the changes are in harmony with the original approval. Before changes to an approved Special Use Permit may be considered, updates of submittal materials such as the environmental assessment, biological inventory,or resources management plan may be required. In lieu of the criteria established in Section 2 32.7.14(B),the following criteria shall be used to determine when proposed changes to a Special Use Permit for a golf course,shall require approval of the Board of County Commissioners: (i) Any change in a condition of approval,including any reduction in a setback; (ii) An increase in playable acreage of golf holes by more than 10%. Playable acreage shall include all tees,greens,fairways,and roughs as shown on the first site plan approved; (iii) Any new use not included in the approved Special Use Permit or substantial expansion of an approved use that does not involve floor area; (iv) An increase by 25%or more in total floor area of all structures shown on the first site plan approved,either in a new structure or as an addition(s)to an approved structure(s); (v) An increase in parking by 10%or more of the parking shown on the first site plan approved; (vi) Substantial changes in pedestrian and/or vehicular access or circulation;and Orange County,North Carolina—Unified Development Ordinance Page 5-47 187 Article 5: Uses Section 5.7:Standards for Recreational Uses (vii) A change in the location or extent of street and utility improvements or rights-of-way, including water,sewer and storm drainage facilities,which would provide a different level of service and that is not associated with a less than 10%increase in playable acreage. (c) Changes to Approved Conditional Districts In accordance with Section 2.9.2.the Planninq Director is authorized to approve minor changes in the approved plans of Conditional Districts. Before changes to an approved Conditional District may be considered,updates of submittal materials such as the environmental assessment,biological inventory, or resources management plan maybe required. In lieu of the criteria established in Section 2.9.21(1),the following criteria shall be used to determine when proposed changes to a Conditional District for a golf course shall require approval of the Board of County Commissioners: (i) Any change in a condition of approval, including any reduction in a setback; (ii) An increase in playable acreage of golf holes by more than 10%. Playable acreage shall include all tees,greens,fairways,and roughs as shown on the first site plan approved; (iii) Any new use not included in the approved o" P itconditions or s-W4hsta Aia4 expansion of an approved use that does not involve floor area; (iv) An increase by '50�, 44�r min total floor area of all structures shown on the first site plan approved,either in a new structure or as an addition(s)to an approved structure(s); (v) An increase in parking by 10%or more of the parking shown on the first site plan approved; NO Substantial-sChanges in pedestrian and/or vehicular access or circulation that moves such facilities more than 25-feet;and (vii) A change in the location or extent of street and utility improvements or rights-of-way, including water,sewer and storm drainage facilities,which would provide a different level of service and that is not associated with a less than 10%increase in playable acreage. (C) Submittal Requirements In addition to the information required by Section 2.7-9,the following information shall be supplied as part of the application for approval of this use: (1) A site plan prepared in accordance with Section 2.5,also illustrating the golf course routing plan. The plan shall show the center line of play,the boundaries of fairways,greens,tees,roughs,hazards,and buffers. (2) 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 manmade features,historic and archaeological sites,and a visual analysis of views into and from the site; Orange County,North Carolina—Unified Development Ordinance Page 5-48 188 Article 5: Uses Section 5.7:Standards for Recreational Uses (e) Buildings designated for storage and handling of chemicals and fertilizers shall be located a minimum of 100 feet from water sources, wells,ponds,and streams,or outside a stream buffer,whichever is greater; (f) Shelters for inclement weather and permanent rest room facilities shall be provided near the mid-point of play of each nine holes;and (g) No adverse impacts such as noise or glare shall extend beyond the lot boundaries. (2) Access,Circulation,and Parking (a) For a golf course proposed as a principal use,access to the site shall be limited to one main entrance and one service entrance per existing road frontage. If multiple uses are proposed with the golf course as part of a 11-3-such as additional recreational facilities and/or residential development,all such uses shall share a common interior access road,which may connect to existing roads more than once; (b) Parking shall be provided in accordance with Section 6.9 and landscaped as per Section 6.8; (c) Between all use areas,safe and adequate access for pedestrians including the handicapped is required.Conflicts shall be minimized between pedestrian and vehicular circulation.Caution signs shall be posted at all intersections of roads,cart paths,and pedestrian walkways; (d) Where a stream or other habitat crossing is unavoidable,a boardwalk or raised bridge with a free-span design shall be used to minimize adverse impacts.Other design solutions may be considered if disturbance is minimal and wildlife mobility is maintained;and (e) All vehicular and pedestrian surfaces shall be designed,graded,and landscaped as required by Sections 6.8 and 6.9 to minimize visual impact by blending into the surrounding environment. (3) Maintenance and Storage Areas (a) Maintenance and storage areas include,but are not limited to,the following: (i) Maintenance equipment storage and service areas; (ii) Solid waste collection/recycling sites; (iii) Golf cart parking and service areas; (iv) Chemical storage and handling sites;and (v) Service areas associated with a clubhouse,swimming pool,and tennis courts,or other amenities. (b) All such uses listed above shall be located and landscaped to minimize visual impact to public roads and adjacent properties; (c) Runoff from maintenance and storage areas shall be collected and pollutants filtered before release[See also 5.7.3(F)(2)];and (d) Facilities shall be provided for composting and recycling organic matter such as branches,clippings,and leaves from course and landscape maintenance and shall be incorporated into a comprehensive solid waste management plan. 13"Planned Development'is an obsolete term from the former Zoning Ordinance. Orange County,North Carolina—Unified Development Ordinance Page 5-50 189 Article 5: Uses Section 5.7:Standards for Recreational Uses As part of the Resources Management Plan,the applicant shall submit a plan to establish best management practices(BMP's)for the golf course and maintenance facilities which shall include the following: (a) Isolate potential contaminants from the soil and water during delivery, storage and use of such contaminants at the golf course; (b) Fertilizer storage area shall be covered (c) Washing of maintenance equipment shall occur in an area that is covered from the elements. (d) Grass clippings and debris collected from washing may be composted. (e) Runoff from the wash pad area shall be drained to a common point and either, (i) Filtered through a grease trap,and recycled; (ii) Directed through a filtration pond;or (iii) Discharged to a sewage treatment facility other than a ground absorption system. (3) Irrigation (a) Irrigation systems shall be designed and operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (b) The schematic irrigation plan required by Section 5.7.3(C)(7)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 (c) Use water recycled from stormwater retention ponds,or treated sewage effluent,where it is a safe alternative. (4) Habitat Maintenance (a) 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 (b) Maintenance of habitats shall be minimal,consisting primarily of maintaining buffers and enhancements, removal of exotic(non-native) plant species,and keeping drainage ways functioning properly. (5) Maintenance of Improvements (a) All site improvements such as roads,utilities(including irrigation and drainage structures),the golf course, habitat enhancements,recreational amenities,signage,landscaping,etc.shall be maintained in function and appearance. (b) Maintenance specifications for on-going site management shall be submitted as part of the Resources Management Plan. (6) Solid Waste Management (a) The Resources Management Plan shall include a program for the on- going recycling and composting of refuse from course and landscape maintenance,as well as solid waste from other course facilities such as a clubhouse. (G) Pollutant Monitoring Program Orange County,North Carolina—Unified Development Ordinance Page 5-54 190 Article 5: Uses Section 5.7:Standards for Recreational Uses (a) If contaminants are found that reasonably may be attributed to the construction,operation,and/or maintenance of the golf course, management plans shall be reviewed to assess the problem.Appropriate adjustments in the resource management and/or integrated pest management plans shall be made to prevent further contamination;and (b) If sampling and analysis indicate a trend toward increased concentrations of contaminants or if the U.S. Environmental Protection Agency health advisory limits(HAL)or State ground or surface water standards for thresholds are exceeded,then Orange County will notify the appropriate authorities. 5.7.5 Camp (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit or Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7,the following shall be submitted as part of the application: (a) A site plan prepared in accordance with Section 2.5,also showing the following(existing or proposed): (i) Buildings, (ii) Campsites, (iii) Storage areas, (iv) Fencing and gates, (v) Outdoor recreation areas (vi) Access road(s)to the site,as well as on site roads,with an indication of type of proposed surface. (b) A description of the type of facility planned,the size,capacity,and use of proposed buildings;a signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. The statement shall also include a complete list of all recreational activities that will take place on the site. (c) A phasing plan,when necessary,indicating the area to be developed in each phase with time periods for construction of each phase. This may be indicated on the site plan. (d) The site plan shall show the distances to the nearest residential structure. (2) Standards of Evaluation (a) Unless public sewer is proposed to be extended,the adequacy for the method of sewage disposal will be determined by the lot size and soil suitability. Appropriate letters from the Orange County Environmental Health Department,local jurisdictions and/or the State Division of Environmental Management shall be submitted to indicate preliminary approval. (b) The landscape plan shall show how the facilities will be screened from the adjacent properties. A minimum 30 foot Type B buffer,as indicated in Section 6.8 shall be observed around the perimeter of the property. Orange County,North Carolina—Unified Development Ordinance Page 5-56 191 Article 5: Uses Section 5.7:Standards for Recreational Uses (b) Define and delineate emergency vehicle access points and fire lanes on the property. (5) The facility owner shall work with NCDOT to complete a traffic intersection analysis for access points along any state-maintained road or highway to determine need for access improvements such as left turn lanes or deceleration lanes. (6) The facility owner shall work with NCDOT,the State Highway Patrol,and County officials to address traffic management issues to coordinate acceleration and deceleration lanes at approved entrance and exit points on the property during major events. (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. (8) A litter collection and recycling system shall be developed throughout the grounds and at all points of egress. During events facility employees shall remove trash from the receptacles in a timely manner. (9) All new facilities shall install noise abatement systems to ensure compliance with applicable County noise regulations. For existing facilities,the property owner/managers shall provide a noise abatement system to reduce sustained noise levels at the property lines to the lowest practical level. To accomplish this goal,the owners/managers have the option of employing,either singly or in combination,any of the following: (a) Requiring all competition vehicles to have functional noise mufflers attached at all times; (b) Installing a system of noise baffles,berms,or walls on the perimeter of the racetrack facility incorporated into the design and placement of any lighting system and viewing stands,and/or (c) Depressing the elevation of the raceway track surface,or (d) Some other innovative noise abatement system. (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. (11) All external lighting fixtures shall comply with Orange County lighting standards (Section 6.11). (12) No storage of hazardous materials shall be permitted,except for racing fuel and lubricants. Such material storage areas shall be enclosed and posted and the Orange County Fire Marshal shall approve a pollution incident prevention plan for the storage facility prior to final occupancy permits. (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. (14) The County shall approve a construction schedule to complete the items listed above. 5.7.7 Guest Ranch (A) Standards of Evaluation for ASE CZ CID_Zenhiggonclitional Districts (1) Minimum lot size:25 acres. (2) Application materials shall include a comprehensive groundwater study,for Orange County,North Carolina—Unified Development Ordinance Page 5-58 192 Article 5: Uses Section 5.8:Standards for Care&Educational Facilities (3) Where a State license is required to operate the facility,evidence that the requirements to qualify or said license have been,or will be,met shall be submitted.. (C) Standards of Evaluation (1) There is direct frontage and access on a public state maintained road. (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 clients and is provided in such a manner that traffic generated by the use is not disruptive to adjacent residentially developed properties. (3) The plot plan shall show how the facilities will be screened from adjacent properties. A Type B 30-foot buffer shall be provided around the use 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 operation. (4) Each Center in a Residence is required to provide a minimum of 75 square feet of outdoor space for every 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. (5) Fencing is to be provided around the outdoor space,which ensures the protection of the client receiving care and protects adjacent residentially developed properties from trespass. (6) All gates shall be self-closing and self-latching. (D) Additional Standards of Evaluation—Care of Children and Adolescents (1) The Center in a Residence is to be located in an area,which is free from conditions dangerous to the physical and moral welfare of the children. 5.8.2 Care Facilities (A) Use Standards (1) Standards in Commercial and industrial 114and Conditional Districts (a) At least 100 square feet of outdoor space per 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. 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 clients shall be 10,000 square feet. The minimum additional area for multiples of eight clients shall be 2,000 square feet. (B) 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) Where a State license is required to operate the facility,evidence that the minimum requirements to qualify for said license have been,or will be, met shall be submitted. 14 This type of use is not permitted in the industrial districts. Orange County,North Carolina—Unified Development Ordinance Page 5-60 193 Article 5: Uses Section 5.8:Standards for Care&Educational Facilities (b) A floor plan of the proposed facility,showing the use and dimensions of each room and the location of entrances and exits. (2) Standards of Evaluation (a) Facilities involving the care of children and adolescents shall 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 the minimum requirements to qualify for 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 clients and is provided in such a manner that traffic generated by the facility is not disruptive to adjacent residentially developed properties. (e) All 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,30-foot buffer shall be provided around the facility and outdoor 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 facility. (g) Each facility is required to provide a minimum of 75 square feet of outdoor space for every 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 clients receiving care and protects adjacent residentially developed properties from trespass. (i) All gates shall be self-closing and self-latching. (j) Each facility approved by the Board of Adjustment shall be reviewed annually by the Planning Director to ensure compliance with the standards of evaluation for such facilities and any conditions attached to the application by the Board of Adjustment. Any change in the operation of the facility,which deviates from the original standards and conditions will constitute a modification and will require the approval of the Board of Adjustment. In determining whether a change in the operation of the facility has occurred,the Planning Director shall be guided by the procedures and criteria contained in Sections 2.7.1--14 and 5.8.2(B). 5.8.3 Schools: Universities,Colleges,and Institutes (A) Submittal Requirements and Standards of Evaluation for Class A Special Use Permit or CC-3,GC-4,O/RM,EDB-2,EDE-2,EDH-4, EDH-5,and RAP--D- CZConditional Zoning Districts (1) Submittal Requirements In addition to the information required by either Section(s)2.5 and/or 2.79,the following shall be submitted as part of the application: (a) The site plan,in addition to other requirements detailed within this Ordinance,shall denote the following: (i) Location,width and type of all internal vehicular and pedestrian circulation. Orange County,North Carolina—Unified Development Ordinance Page 5-61 194 Article 5: Uses Section 5.8:Standards for Care&Educational Facilities (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 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 agencies concerning the method and adequacy of water supply and wastewater treatment. (f) Statement from the appropriate agencies concerning the provision of fire, police and rescue protection to the site and structures. (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.T 3229 and 5.8.3(A)(1). (b) Fire,police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) The site has frontage and access on to a paved State maintained road. The developer must show that the existing facilities have the capacity to handle the additional traffic generated by the use or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs. (d) Internal vehicular and pedestrian circulation is designed to encourage smooth traffic flow and reduce hazards. (e) All access roads and employee/visitor parking areas shall be paved. (f) Development of the site as proposed would have no adverse impact beyond the building,except for appropriate parking facilities. (g) The floor area of a building or group of buildings housing a Non-Profit Educational Cooperative shall not exceed the maximum floor area ratio as permitted in Article 3 of this Ordinance. (h) All buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located. 5.8.4 Schools: Preparatory (A) Submittal Requirements and Standards of Evaluation for Class A c....Gial Use Permit and n111213-GWonditional Districts (1) Submittal Requirements Orange County,North Carolina—Unified Development Ordinance Page 5-62 195 Article 5: Uses Section 5.8:Standards for Care&Educational Facilities In addition to the information required by either Section(s)2.5,2.7.3 and/or 5-:3,22_9,the following information shall be submitted as part of the application: (a) 26 copies of the site plan prepared in accordance with this Ordinance and with the following additional information shown on the plan: (i) Total student capacity of school as designed; (ii) Total number of employees at time of greatest shift; (iii) Number and dimensions of designated parking spaces for school buses; (iv) Number of designated parking spaces for employees; (v) Number of visitor parking spaces; (vi) Number of student parking spaces; (vii) Location of student drop off points with stacking spaces identified; (viii) Location of all proposed and future athletic fields and structures, including: a. Total number of seats for spectators,and b. Location of concession stands,if any anticipated; (ix) Proposed public roadway improvements;and (x) Existing and proposed infrastructure improvements(water and sewer). (b) 26 copies of a Landscape and Tree Preservation Plan prepared in accordance with Section 6.8 of this Ordinance. (c) 26 copies of photometric plans prepared in accordance with Section 6.11 of this Ordinance. (d) Estimated water usage for structures,landscaping and athletic fields. (e) A Traffic Impact Study,as required by Section 6.17 of this Ordinance. (f) A Biological Inventory, prepared in accordance with Section 547-65.22.115(A)(2)(b)of this Ordinance. (g) A Resources Management Plan,prepared in accordance with the Resources Management Plan definition in Article 10 of this Ordinance. (2) Standards of Evaluation Within Economic Development Districts(EDD) If located within an EDD,the application must meet the EDD design standards established in Article 6 of this Ordinance. (3) Standards of Evaluation in Zoning Districts other than an Economic Development Districts(EDD) If located within a zoning district other than an EDD,the applicant must meet the following 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. its A previous amendment did not update this Section reference to the correct Section number. Orange County,North Carolina—Unified Development Ordinance Page 5-63 196 Article 5: Uses Section 5.9:Standards for Utilities d. All access points shall be located to provide maximum visibility and safety. e. No driveway shall be permitted in a location that will hinder or congest traffic movement on a public street. 5.8.5 Schools:Technical,Trade,and Skill Training (A) Use Standards (1) Standards for the LCA, NC-2,CC-3, EC-5, EDH-4,and EDH-5 Zoning Districts (a) Structures shall not exceed 16,000 sq.ft.of floor area. (b) Schools shall involve only activities associated with Continuing Education, Performing/Fine Arts,Sports and Recreation,and Trade schools as defined herein. (2) Standards for the GC-4,1-2,1-3,EDB-2,and EDE-2 Zoning Districts (a) Schools shall involve only activities associated with Continuing Education, Performing/Fine Arts,Sports and Recreation,and Trade schools as defined herein. (3) Standards for the O/RM, _"oninqand Conditional Districts (a) All School:Technical,Trade,and Skill Training land uses,as defined herein,shall be permitted. (4) Applications proposing flight training schools shall submit documentation identifying where actual flying activities are intended to occur. No on-site flying activities,other than the use of simulators,shall be permitted. (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. SECTIONSTANDARDS FOR UTILITIES 5.9.1 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 character of the area in which it is located. (2) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. (3) All buildings and structures shall be landscaped and screened according to the standards that follow: (a) Buildings and structures which resemble residential accessory structures must be landscaped and maintained in the character of a residential area. (b) Any outside storage areas must be fenced with a minimum five foot fence and the area screened from adjacent property according to the standards in this section. Orange County,North Carolina—Unified Development Ordinance Page 5-67 197 Article 5: Uses Section 5.9:Standards for Utilities 5.9.2 Electrical Substations,Switching and Metering Stations,and Associated Transmission Lines,Where Incoming Voltage Does Not Exceed 100 Kilovolts(kv) (A) Standards of Evaluation (1) Perimeter fencing and setbacks for the utility structure shall be provided in accordance with the National Electrical Safety Code. (2) The components of the facility,including but not limited to towers,transformers, circuit breakers,metering devices,and supporting latticework,shall be contained within a geometric area not to exceed 12,000 square feet. (3) The facility shall be located on a parcel or easement across the parcel,(whether owned or leased by the utility)which has been recorded with the Orange County Register of Deeds. (4) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. (5) A Type E Land Use Buffer shall be provided along any portion of the perimeter of the parcel,easement,or leasehold located adjacent to property zoned for residential use,except where such property is owned, leased or consists of other utility easements currently used for electrical distribution or transmission purposes or no other purposes. (6) Existing vegetation within an easement,leasehold or parcel of a public utility may be used to satisfy the landscaping requirements. (7) Modification to or replacement of existing facilities shall be subject to the requirements set forth in this Section. Pre existing facilities may remain during construction of replacement facilities,but shall be dismantled after the replacement facility is in operation. (8) The parcel or easement across the parcel, (whether owned or leased by the utility)on which the facility is located shall contain a minimum area of 5000 square feet. (9) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of$500,000.00 per occurrence. 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 Plant,Sewage Treatment Plant,Telephone Exchanges (A) Submittal Requirements and Standards of Evaluation for Class A Special U hse omm*gConditional Districts (1) Submittal Requirements In addition to the information required by Section 2.79,the following shall be submitted as part of the application: (a) A site plan showing all existing or proposed buildings,storage areas, parking and access areas,topography at a contour interval of five feet, any officially designated floodplains or alluvial soils. (b) Plans and elevations for all proposed structures and descriptions of the color and nature of all exterior materials. (c) Landscape Plan,at the same scale as the site plan,showing existing and proposed trees,shrubs,ground cover and other landscape material. (2) Standards of Evaluation Orange County,North Carolina—Unified Development Ordinance Page 5-69 198 Article 5: Uses Section 5.9:Standards for Utilities (a) Perimeter fencing and setbacks for the utility structure shall be provided in accordance with the National Electrical Safety Code. (b) The facility shall be located on a parcel or an easement across the parcel (whether owned or leased by the utility)which has been recorded with the Orange County Register of Deeds. (c) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. (d) Where a building is involved and it is proposed to be located in a residentially zoned distristarea16, it shall have the appearance suitable for a residential district,or it shall be screened from adjacent residential land. (e) Where buildings are set back from road rights of way or from private property lines by a distance of 200 feet,screening for the building will not be required. (f) A clearly visible voltage warning sign shall be placed at the base of all pad-mounted transformers and substations. (g) A Type E Land Use Buffer shall be provided along any portion of the perimeter of the parcel,easement area,or leasehold area located adjacent to property zoned or utilized for residential use except where such property is currently used for electrical distribution or transmission purposes. (h) Existing vegetation may be used to satisfy the landscaping requirements. (i) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000.00 per occurrence. Q) The site is of adequate size for the sewage disposal system proposed and for the proposed use. 5.9.4 Elevated Water Storage Tanks (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Perm itConditional Districts (1) Submittal Requirements In addition to the information required in Section 2.7-9,the following shall be submitted as part of the application: (a) A site plan showing the following: (i) Location and size of all existing and proposed structures, (ii) Existing and proposed topography at a contour interval of five feet and (iii) Any officially designated floodways and floodplains,or the presence of alluvial soils. (b) Plans and elevations for all proposed structures and descriptions of the color and nature of all exterior material. 116 Since Conditional Districts are their own zoning district,this language should be updated since,upon a Conditional District approval,the property will no longer be considered a residential zoning district,as instituted in Article 3. Orange County,North Carolina—Unified Development Ordinance Page 5-70 199 Article 5: Uses Section 5.9:Standards for Utilities (c) A Landscape Plan,at the same scale as the site plan,showing existing and proposed trees, plus shrubs,ground cover and other landscape materials. (2) Standards of Evaluation (a) Adequate provision has been made, by means of fencing or otherwise, for the security of the site,including the provision of a gate at the access entrance of access roads leading to such facilities. (b) A minimum lot size shall be adequate for the proposed use. (c) Adequate provision has been made for the protection of adjacent property from the dangers of collapse,fire,flooding or other menaces to public health and safety. (d) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000.00 per occurrence. 5.9.5 Electric,Gas and Liquid Fuel Transmission Lines (A) Submittal Requirements and Standards of Evaluation for Class Q Special Use Permit and Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7or 2.9,as applicable,the following shall be submitted as part of the application: (a) A site plan showing the following: (i) All existing and proposed structures within the site of the line, (ii) All existing structures within 50 feet of the boundaries of the site, and (iii) Officially designated floodways and floodplains. (b) A plan of erosion and sediment controls for the site. (c) Typical cross sections for the installation showing elevation of all structures and existing and proposed topography. (d) Plans and elevations of all proposed structures and descriptions of the color and nature of all exterior materials. (e) Certification by the applicant that it is a public utility and a statement that the proposed installation is necessary to accomplish its public utility function and that public convenience and necessity will be served by the proposed installation. (2) Standards of Evaluation (a) Adequate provision has been made to protect adjacent property from the dangers of explosion, rupture,collapse,fire or other menaces to public health and safety. (b) The public convenience and necessity shall be served by this proposed installation,if installed as proposed. (c) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000.00 per occurrence. 5.9.6 Solar Array (A) Standards for Accessory Use Orange County,North Carolina—Unified Development Ordinance Page 5-71 200 Article 5: Uses Section 5.9:Standards for Utilities may take the form of a small enclosed structure properly vented to allow for air flow,fence,or landscape hedge. (i) Mechanical equipment shall not be located within the required setback areas for the underlying zoning district as detailed within Article 3 or within required landscaped areas as required under Section 6.8. Q) Before commencement of earth disturbing activities,the property owner must acknowledge that he/she is the responsible party for owning and ensuring the perpetual maintenance of the solar array. (k) In cases where a solar array has not been in operation for a period of 6 months due to a malfunction or other defect the property owner shall affect repair(s)to the system within 30 days of notice from the County in accordance with Section 9.5 of the UDO. In cases were the array has been deemed unsafe it shall be removed or repaired immediately in accordance with Section 9.5.5 of the UDO. (2) Standards for Building Mounted Devices: (a) An array may be mounted on the roof of a principal or an accessory structure located on the property. (b) The array shall be viewed as an extension of the roof structure and,as a result,shall not exceed the maximum building height detailed within Article 3 for the underlying zoning district where the property is located. (c) As part of the building permit review process,structural engineering shall be provided demonstrating the roof can support the weight of the proposed array. (3) Standards for Ground Mounted Devices: (a) Ground mounted system shall not exceed a maximum height of 15 feet from finished grade. (b) The surface area of a ground mounted system,regardless of the mounted angle,shall be calculated as part of the overall impervious surface area for the parcel in accordance with the provisions of Section 4.2. (c) Arrays shall be allowed to be erected anywhere on the property outside of established setback areas,designated open space areas,and well/septic system setback areas as identified by Orange County Environmental Health. (d) Arrays shall observe the principal setback requirements of the underlying zoning district where the property is located as detailed within Article 3. In the case of an array erected on a non-residentially zoned property,the array shall not be located within any required setback, landscape,or buffer area. (e) If a ground mounted array is removed,any earth disturbance shall be graded and reseeded within 60 days. (B) Submittal Requirements and Standards of Evaluation for Solar Array—Large Facility(Class B Special Use Permit) (1) Submittal Requirements In addition to the information required by Section 2.7,the following shall be submitted as part of the application: (a) A site plan showing all existing structures on the property,any proposed buildings or structures that are necessary to support the proposed array, Orange County,North Carolina—Unified Development Ordinance Page 5-73 201 Article 5: Uses Section 5.9:Standards for Utilities existing and proposed storage areas,parking and access areas, topography at a contour interval of five feet,any officially designated floodplains or alluvial soils. (b) An assessment of the power needs for all structures on the property and the anticipated power generated by the proposed array. (c) The proposed arrays distance from all structures located on the property. (d) Plans and elevations for all proposed structures and arrays as well as descriptions of the color and nature of all exterior materials. (e) Landscape Plan,at the same scale as the site plan,showing existing and proposed trees,shrubs,ground cover and other landscape material (f) A soils report denoting the types of soil on the property including detail on the compaction necessary to support the proposed development. (2) Standards of Evaluation (a) The proposed array shall not require the alteration of existing land use(s) to accommodate development. (b) All on-site utility and transmission lines shall,to the extent feasible,be placed underground. (c) The height of proposed arrays and support structures shall not exceed the height requirements of the underlying zoning district where the property is located as detailed within Article 3. (d) Individual arrays/solar panels shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. (e) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (f) All mechanical equipment, including any structure for batteries or storage cells,shall be completely enclosed by a minimum eight(8)foot high fence with a self-locking gate,and provided with screening in accordance with the provisions of Section 6.8. (g) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000.00 per occurrence. (h) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the parcel,easement,or leasehold area located adjacent to property zoned,or otherwise utilized for, residential use except where such property is owned,leased or consists of other utility easements currently used for electrical distribution or transmission purposes. Existing vegetation may be used to satisfy the landscaping requirements. (C) Submittal Requirements and Standards of Evaluation for Solar Array—Public Utility(Class A ¢....Gial Use leer ithIR_rn Conditional Districts) (1) Submittal Requirements In addition to the information required by Section 2.7-9,the following shall be submitted as part of the application: (a) A site plan showing all existing structures on the property,any proposed buildings or structures that are necessary to support the proposed array, existing and proposed storage areas,parking and access areas, topography at a contour interval of five feet,any officially designated floodplains or alluvial soils. Orange County,North Carolina—Unified Development Ordinance Page 5-74 202 Article 5: Uses Section 5.9:Standards for Utilities (b) Plans and elevations for all proposed structures and arrays as well as descriptions of the color and nature of all exterior materials. (c) Landscape Plan,at the same scale as the site plan,showing existing and proposed trees,shrubs,ground cover and other landscape material (d) A soils report denoting the types of soil on the property including detail on the compaction necessary to support the proposed development. (2) Standards of Evaluation (a) All on-site utility and transmission lines shall,to the extent feasible, be placed underground. (b) The height of proposed arrays and support structures shall not exceed 40 feet. (c) Individual arrays/solar panels shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. (d) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (e) All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells,shall be completely enclosed by a minimum eight(8)foot high fence with a self-locking gate,and provided with screening in accordance with the provisions of Section 6.8. (f) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of$ 500,000.00 per occurrence. (g) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the parcel,easement,or leasehold area located adjacent to property zoned,or otherwise utilized for, residential use except where such property is owned,leased or consists of other utility easements currently used for electrical distribution or transmission purposes. Existing vegetation may be used to satisfy the landscaping requirements. (3) Decommissioning The applicant agrees to the following as conditions in case the utility is to be abandoned: (a) The owner/operator of the facility is required to notify the Orange County Planning Director in writing 60 days prior to planned the cessation or abandonment of the facility for any reason. This notice shall provide the exact date when the use of the facility will cease. (b) Documentation shall be provided indicating that the public utility purchasing the power has been made aware of the decision. (c) The facility shall be removed within 12 months from the date the applicant ceases use of the facility. (d) Once the infrastructure is removed the property,the owner shall obtain the necessary Erosion Control permits to re-stabilize the property. The time frame for completion shall be determined by the Orange County Erosion Control Officer. (e) The owner shall provide financial security in form and amount acceptable to the County to secure the expense of dismantling and removing said structures. Orange County,North Carolina—Unified Development Ordinance Page 5-75 203 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities MUpen removal of the fanilit., the Department shall cause a noti Ge to be+,.be reGeFded within the mmn e Gee ant.,Registrar of Deeds effine in tinatin that the Class A Spenial Use Permit has been r ,Okpel SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES 5.10.1 Intent The regulations contained herein are designed to provide for the safe and efficient integration of facilities necessary for the provision of advanced wireless telecommunications services through the community with the goal of establishing reliable wireless service to the public,governmental agencies,and first responders in a manner that provides for the public safety and general welfare of its citizens. 5.10.2 Master Telecommunications Plan("Plan") (A) The Plan is intended to assist providers in their search for suitable locations to build their service network. The County may develop the Plan(map),which would display locations within the County's zoning jurisdiction where property owners have expressed formal,written,interest in allowing construction of telecommunications equipment. (B) Information that may be shown on the base Plan will include,but not limited to: (1) Existing towers, (2) Major transmission lines, (3) County-defined Natural Areas, (4) Historic properties, (5) Scenic corridors, (6) Known bird migratory patterns through the County, (7) Voluntary Agricultural Districts,and (8) Publicly-owned or quasi-public lands. (C) In order to participate in the Plan,all owner(s),or their legally binding representatives, shall submit an application on a form prepared by the Planning Department requesting inclusion. (D) All telecommunication providers who elect to construct facilities on properties in the Plan shall provide all necessary and requested information to the County's telecommunications consultant. (E) Modification of the Plan may be considered annually at the f+Fsta Public Hearing of- in February of each -1-7 calendar year. Any applicant requesting modification of the Plan shall make application to the Planning Director on or before December 1 st of each year. The fee for modifying the Plan shall be that as set forth in the Orange County Schedule of Fees. (F) Withdrawal from the Plan is permitted if any owner submits,to the Planning Director,a notarized statement requesting same. Upon receipt of the request,including any fee for modifying the Plan as set forth in the Orange County Schedule of Fees,the Planning Director shall inform interested parties that the property has been withdrawn from consideration. Removal of the property from the Plan shall be processed as a modification as detailed herein. 5.10.3 Annual Telecommunications Projection Meeting(ATPM) (A) Purpose and Outcome 117 Updating language to reflect current public hearing process. Orange County,North Carolina—Unified Development Ordinance Page 5-76 204 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities 5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or Accessory Uses (A) Wireless telecommunications support structures shall be permitted as a principal or accessory use in accordance with the Table of Permitted Uses and as follows: (1) On property owned by the County or any public entity,except those designated as historic properties or sites,the County may,in its sole discretion as the owner of the property,authorize the application and use of County property after the applicant executes a lease agreement acceptable to the County. (2) Wireless telecommunications facilities,as part of existing utility poles shall be permitted as an accessory use. Wireless facilities shall be constructed as part of the existing utility poles or as replacements for the existing utility poles. No freestanding towers constructed exclusively for personal wireless services shall be permitted within utility easements. (3) The placement of new wireless telecommunications support structures shall be in accordance with the Table of Permitted Uses,except as permitted in the Master Telecommunications Plan("Plan")or by Section 5.10.6 of this Ordinance. 5.10.6 Administrative Approval of Certain Telecommunication Facilities (A) Applicability The following telecommunication facilities may be approved administratively by the Planning Staff provided that all of the provisions contained in Section 5.10 are met: (1) New stealth telecommunications wireless support structures up to 75 feet in height that are sufficiently disguised so as to minimize visual impact; (2) Any wireless support structure less than 75 feet in height; (3) Any wireless support structure less than 200 feet in height located on property that is owned or leased by Orange County;and (4) Any wireless support structure less than 200 feet in height on which the owner of such facility permits the County to collocate its wireless facilities on the structure at no charge to the County when the location of such facility is of benefit to the County as determined in the sole discretion of the County. (5) A written decision approving or denying an application for administrative approval of a telecommunication facility under this section shall be issued no later than 45 days following the submission of a complete application. (6) Collocation applications meeting the following requirements: (a) The proposed additional facility will not increase the overall height and width of the tower or wireless support structure to which the wireless facilities are to be attached consistent with Section 7.^42.7.15 11 "$ of the Ordinance. (b) The proposed additional facility will comply with applicable regulations, restrictions,or conditions,if any,applied to the initial wireless facilities placed on the tower or other wireless support structure. (c) The proposed additional wireless facilities comply with all federal,State, and local safety requirements. (d) The proposed additional facility does not exceed the applicable weight limits for the wireless support structure. (B) Submittal Requirements "$Correct reference. Orange County,North Carolina—Unified Development Ordinance Page 5-78 205 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities All applications for telecommunication facilities that are eligible for administrative approval shall be submitted and reviewed in accordance with the standards of Section 5.10.8 of this Ordinance. (C) Neighborhood Information Meeting (1) For all administratively approved wireless support structures,excluding collocations,a neighborhood information meeting shall be scheduled in accordance with the provisions of Section 5.10.8 A 2 . 5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures (A) General Standards (1) To minimize adverse visual impacts,stealth antenna types shall be preferred. If a non-stealth antenna is proposed,the application shall be required to demonstrate,in a technical manner acceptable to the Planning Director,why the stealth antenna(i.e.an antenna incorporated into the architecture of the building or fully screened from view from sight proximate to the antenna)cannot be used for the particular application. This does not preclude a combination of the various types of antennas. (2) Antenna dimensions shall be subject to approval by the Planning Director. A statement shall be submitted,prepared by a professional engineer competent to evaluate antenna choices,to certify the technical need for the required dimensions. (3) Prior to the issuance of a Building Permit by the Inspections Division,the application shall provide evidence that the wireless telecommunication support structure or antennas are in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted,such evidence shall not be required. (B) Standards of Evaluation for Stealth Rooftop or Building,Water Tower,or Transmission Line Mounted Antennas In addition to the standards established in Subsection A above,the following are applicable to all Stealth Rooftop or Building,Water Tower,or Transmission Line Mounted Antennas: (1) Antennas shall not exceed 20 feet above the roofline of the building or support structure,water tank,or transmission line; (2) Commercial advertising shall not be allowed on an antenna; (3) Signals,lights,or illumination shall not be permitted on an antenna,unless required by the FCC or the FAA; (4) Any related unstaffed equipment building shall not contain more than 600 square feet of gross floor area per user or exceed 12 feet in height; (5) Documentation shall be required denoting that the erection of an antenna will not compromise the structural integrity of the building,water tank,or transmission line; (6) If an antenna is erected on a transmission line,documentation shall be required outlining that the antenna will not interfere,or be interfered with,by the normal operating characteristics of the transmission line; (7) If the equipment building is located on the roof of the building,the area of the equipment building shall not occupy more than 25%of the roof area,and shall comply with all State of North Carolina Building Code requirements for the proposed and existing building;and Orange County,North Carolina—Unified Development Ordinance Page 5-79 206 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities (d) All towers shall be engineered to allow for collocations. No co-locator shall be refused access for collocation by charging exorbitant lease fees. Public safety provider collocations shall take priority over other co- locators. (e) A telecommunications consultant shall provide Planning Staff assistance on exorbitant rate leases. (f) All wireless support structures shall satisfy all applicable public safety, land use,or zoning issues required in this Ordinance,including aesthetics,landscaping,land-use based location priorities,structural design,setbacks,and fall zones. (g) Applicants shall evaluate the reasonable feasibility of collocating new antennas and equipment on an existing structure or structures within the applicant's search ring. (h) Prior to issuing a building permit for the collocation of an antenna array on an existing facility,an applicant shall demonstrate that the collocation is located appropriately on the facility with the overall goal being to preserve the carrying capacity of the facility for future collocations and to minimize the visual intrusiveness and impact,including the profile of the facility. (i) In determining the necessary height for a facility,or the height of a collocation on a facility,the signal strengths analyzed shall be the threshold or lowest signal strength at which the customer equipment is designed to function,which may be required to be determined by the manufacturer's published specifications for the customer equipment. Q) Approval of the Planning Director to verify consistency with the definition of stealth facility is required. (k) All telecommunications towers shall be placed in heavily wooded areas on the site to the maximum extent possible so as to lessen the visual intrusiveness of the structure and accessory structures. (1) No tower shall be permitted to exceed its designed loading capacity. For all wireless support structures attached to existing structures,the engineer certification statement shall include certification that the structure can support the load superimposed from the wireless support structure. All wireless support structures shall have the capacity to permit multiple users;at a minimum monopole wireless support structures shall be structurally designed to accommodate four users and self-support/lattice or guyed wireless support structures shall,at a minimum accommodate three users. (B) General Submittal Requirements—Special Use Permits or Conditional Districts In addition to the general submittal requirements detailed herein,and the specific submittal requirements for all Special Use Permit applications detailed within Section 2.7 or 2.9,as applicable,of this Ordinance,applicants shall be required to adhere to the following: (1) Overall Policy and Desired Goals The overall policy and desired goals for Special Use Permits f^•approvals of wireless telecommunications support structures shall be promoting and encouraging,wherever possible,the following: (a) Alternatives to constructing new wireless support structures,including but not limited to the collocation of wireless telecommunications equipment and mitigating the visual effect of a wireless Orange County,North Carolina—Unified Development Ordinance Page 5-84 207 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities telecommunication support structure to an extent not commercially impracticable;and (b) The placement,height and quantity of wireless telecommunications towers and equipment in such a manner,including but not limited to the use of stealth technology or camouflage techniques,to minimize adverse aesthetic and visual impacts on the land, property,buildings,and other facilities adjacent to,surrounding,and in generally the same area as the requested location of such wireless telecommunications support structure,which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. (2) Balloon Test and Neighborhood Information Meeting (a) The applicant shall,at least 45 days prior to a Glass QQ Special Use Permit pubii�—evidentiary hearing or Planning Board meeting whew Class A Special Use Perm;tat which a Conditional District application is scheduled for review,conduct a balloon test whereby the applicant shall arrange to fly,or raise upon a temporary mast,a minimum of 10'3"in length,brightly colored red or orange balloon at the maximum height of the proposed new wireless support structure. (b) The balloon test shall be flown for at least four consecutive daylight hours starting sometime between 10:00 A.M.and 2:00 P.M.on the dates chosen. (c) A notice of the dates(including a second date in case of poor visibility, weather or atmospheric conditions on the initial date),times,and location of the balloon test shall be mailed,by certified mail,return receipt requested,by the applicant,to all persons owning property within 1,000 feet of the subject parcel no less than 14 days in advance of the first test date. The data contained within the office of Orange County Land Records shall be used as the primary source for determining which residents are to receive notice of the balloon tests. This notice shall also inform local residents that a neighborhood information meeting shall be held the day of the balloon test so that the applicant can explain the proposal and Planning staff,including the County's telecommunications consultant,can explain the Special Use PeFrnit relevant review process. (d) The primary date shall be on a weekend(excluding legal holidays),but to prevent delays in the processing of the application,and in case of poor weather or atmospheric conditions on the initial date, the secondary date may be a weekday. (e) The applicant shall inform the County Planning Staff,in writing,of the dates and times of the test at least 14 days in advance. (f) The applicant shall also post a sign on the subject property,and directional signs posted at locations to be determined by Planning Staff. The signs shall measure no more than nine square feet in area and no less than four square feet in area,giving the contact information of the County Planning Department,the proposed dates,times,and location of the balloon test. The signs shall be posted to meet the same time limits as provided for in the balloon test notification as stated above. (3) Submittal Requirements Orange County,North Carolina—Unified Development Ordinance Page 5-85 208 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities In addition to the information required herein as well as Section 2.7or 2.9,as applicable,the following shall be submitted as part of the application: (a) A site plan showing the following: (i) The entire site(including property boundary lines)and size of all existing structures within 500 feet of the site, (ii) Existing and proposed structures on site, (iii) The fall zone of the tower, (iv) Existing and proposed topography at a contour interval of five feet and (v) Any officially designated floodways and floodplains,or the presence of alluvial soils. (b) Plans,and elevations for all proposed structures and descriptions of the color and nature of all exterior material,along with the make,model,and manufacturer of the proposed structure,maximum antenna heights,and power levels. (c) A Landscape and Tree Preservation Plan drawn at the same scale as the site plan,showing the existing and proposed trees,shrubs,ground cover and other landscape materials. This plan shall minimize adverse visual effects of wireless telecommunications support structures and antennas through careful design,siting,landscape screening and innovative camouflaging techniques. (d) Evidence that the applicant has investigated the possibilities of placing the proposed equipment on an existing wireless support structure. Such evidence shall consist of: (i) A listing of all wireless telecommunications support structures within a two mile radius of the proposed wireless support structure site and a listing of all wireless support structure,utility poles and other structures in the vicinity of the proposed facility that are technically feasible for utilization by the applicant to fill all or a substantial portion of the telecommunications service need identified by the Applicant pursuant to section 5.10.8(A)(1)(s). Documents shall be submitted at the time of application filing that indicates the applicant's ability or inability to co-locate on the identified tower(s)and reasons why. (ii) Delineation of the boundaries of the maximum search ring within which the telecommunication equipment can function as intended. The following information shall be provided for all existing wireless support structures within the search ring: a. Wireless telecommunication support structure height; b. Existing and planned wireless support structure users; C. Whether the existing wireless telecommunication support structure could accommodate the telecommunication equipment to be attached to the proposed wireless support structure without causing structural instability or radio frequency interference;and d. If the proposed telecommunication equipment cannot be accommodated on the existing wireless telecommunication support structure,assess whether the existing wireless support structure could be structurally strengthened or whether the antennas Orange County,North Carolina—Unified Development Ordinance Page 5-86 209 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities transmitters and related equipment could be protected from electromagnetic interference,and generally describe the means and projected cost of shared use of the existing wireless support structure;and e. Any restrictions or limitations of the FCC or FAA that would preclude the shared use of the wireless support structure; f. Propagation studies of all adjoining planned, proposed, in-service,or existing sites,and; g. Any additional information requested by the County. (iii) A summary explanation of why proposed telecommunication equipment cannot be located on any of the existing wireless support structures in the search ring. (e) Documentation from applicable state or federal agencies indicating requirements,which affect the appearance of the proposed wireless support structure,such as lighting and coloring. (f) Draft bond which will guarantee the removal of the wireless support structure in the event that it is abandoned or unused for a period of 12 months. (g) A listing of,and current tax map identifying,all property owners within 1,000 feet of the parcel and addressed,first class stamped envelopes to the property owners for notifications of the public hearing in accordance with ReAt'^ns'2 7 5 aPASection 2.7.6 of this Ordinance. (h) A report containing any comments received by the applicant in response to the balloon test along with color photographs from various locations around the balloon. (i) Evidence that the balloon test requirement has been met,including a notarized statement and listing of the property owners notified of the test, a copy of a current Orange County Tax Map showing the subject property and all properties within the notification ring,and copies of the certified mail returned receipts from the mail-out. Q) A notarized statement that the sign posting requirement has been met. (k) Photographs of a clearly visible balloon floated at the proposed tower location to the maximum height of the tower,as well as photographs with the proposed tower and associated antennas superimposed upon them showing what the proposed tower will look like. Photographs shall be taken from locations such as:property lines,and/or nearby residential areas,historic sites,roadways,including scenic roads and major view corridors,and other locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower. (1) The S^G^'a"'se oo..'+application shall include a statement that the facility and its equipment will comply with all federal,state and local emission requirements. (m) An Applicant may be required to submit an Environmental Assessment Analysis and a Visual addendum.Based on the results of the Analysis, including the Visual addendum,the County may require submission of a more detailed visual analysis. The scope of the required Environmental and Visual Assessment will be reviewed at the pre-application meeting. (n) If required,a Visual Impact Assessment,which shall include: (i) A"Zone of Visibility Map"shall be provided in order to determine Orange County,North Carolina—Unified Development Ordinance Page 5-87 210 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities b. On existing Facilities without increasing the height of the tower or structure. C. On County-owned properties or facilities. d. On properties in areas zoned for commercial or industrial use. e. On properties in areas zoned Agricultural Residential (AR). f. On properties in areas zoned for residential use. (ii) If an Applicant proposes to place telecommunications equipment at a location that is not a preferred priority 1 site,then the Applicant must provide a detailed explanation as to why a higher priority site is not proposed.The explanation shall be in the form of a written report demonstrating the Applicant's review of the above locations in order of priority and the reason(s)for the site selection. The explanation shall,at a minimum,include the information required by section 5.10.8(13)(3)(ed). (iii) The application shall not be approved unless it demonstrates that the telecommunications equipment may not be sited at a higher priority site because of commercial impracticability or because no higher priority site is available that would serve to provide the telecommunications service need identified by the Applicant as provided for in section 5.10.8(A)(1)(s). (iv) An Applicant may not by-pass sites of higher priority merely because the site proposed is the only site leased or selected. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability. (v) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority,an application shall not be approved if it conflicts with the provisions and requirements of this Ordinance. (vi) Wireless support structures shall not be located within one-half ('%)mile of any existing monopole,lattice or guyed wireless telecommunications support structure. a. An exception may be allowed when the applicant can sufficiently demonstrate that: i. Appropriate space on the existing telecommunication wireless support structure is not available;or ii. The applicant has made good faith effort to negotiate an agreement with the owner of the existing wireless telecommunication support structure and has been unsuccessful,which must be documented in writing;or iii. The telecommunication equipment on the existing wireless telecommunication support structure is not compatible with the proposed telecommunication equipment of the applicant; or Orange County,North Carolina—Unified Development Ordinance Page 5-89 211 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities iv. Adequate coverage by the applicant cannot be met at the location of the existing wireless telecommunication support structure;or V. The existing wireless telecommunication support structure cannot be reasonably modified to accommodate additional collocation by the applicant. b. Exceptions shall only be allowed after a thorough analysis of the search area,provided by the applicant is performed by the County's consultant or Staff,indicating that coverage is not possible on an existing wireless support structure at the four-carrier capacity or other user capacity that can be achieved. er�aesia��lse 0 approval vote-of (c) Setbacks (i) Within or adjacent to residential zoning districts,minimum setbacks from the base of the wireless support structure to the property boundary shall be equal to 110%of the wireless support structure height. (ii) If the wireless support structure is proposed as an accessory use to a residential use,the setback shall be 110%of the wireless support structure height from any residence or dwelling unit on the subject property. (iii) Adjacent to non-residential uses or non-residential zoning districts,minimum setbacks from the base of the wireless support structure to the property boundary shall be the greater of 20%of the tower height,or the minimum required setback. (iv) All buildings and other structures to be located on the same zoning lot as a telecommunication tower wireless support structure shall conform with the setbacks established for the zoning district or as established through the subdivision process, whichever is greater. (d) Access (i) At a wireless telecommunications support structure site,an access road,turn around space and parking shall be provided to assure adequate emergency and service access. (ii) Maximum use of existing roads,whether public or private,shall be made to the extent practicable. (iii) Road construction shall,at all times,minimize ground disturbance and the cutting of vegetation. (iv) Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. (e) Landscaping and Buffers (i) A Type C Landscape Buffer shall be provided between the wireless support structures and its accessory structures and 119 NCGS 160D-406(i)allows for requiring a four-fifths vote only in the cases of a variance. An exception is not a variance and a 4/5 vote cannot be required. Orange County,North Carolina—Unified Development Ordinance Page 5-90 212 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities adjoining property/properties. (ii) Existing vegetation may be removed only to the extent necessary to accommodate the wireless support structures, equipment buildings,and support structures such as guy wires. (iii) Plantings around the compound perimeter,outside of any fence or wall,shall be composed entirely of fast growing evergreen vegetation. (iv) New plantings and existing vegetation used for screening shall be at least six feet in height or greater at planting. (v) Proposed plantings(name,type,height)shall be shown on the Landscape Plan for the facility. (vi) Landscaping shall provide a screen on a year-round basis. (f) The visibility of the balloon to adjacent properties and the surrounding area shall not constitute sole justification of denial of a permit application, but is an indication of what location on the site may be less visually intrusive. (g) The applicant shall demonstrate and provide a description in writing and by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed facility. (h) The site plan shall indicate a location for at least two equipment buildings in addition to that proposed for use by the applicant. (i) All utilities at a facility site shall be installed underground and in compliance with all Laws,ordinances,rules and regulations of the County,including specifically, but not limited to,the National Electrical Safety Code and the National Electrical Code where appropriate. Q) All wireless support structures shall satisfy all applicable public safety, land use,or zoning issues required in this Ordinance,including aesthetics,landscaping,land-use based location priorities,structural design,setbacks,and fall zones. (k) Fences and Walls (i) An eight foot fence or wall shall be required around the base of any wireless support structures. This fence or wall shall encompass all accessory equipment within the compound. (ii) Fences shall be required around guy wire tie downs (iii) A fence or wall may be placed around the perimeter of the facility to include guy wire tie downs and associated equipment should the applicant/owner wish to do so. (1) The communications tower is structurally designed to support additional users as provided for in Section 5.10.8(A)(3)(d),and the Special Use Permit or Conditional District approval includes a statement that the owner of the wireless support structure is willing to permit other user(s) to attach communication equipment which do not interfere with the primary purpose of the wireless support structure,provided that such other users agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. (m) To minimize the number of antenna arrays and thus the visual impact, the County may require the-use n,that dual mode antennas to be used, including by two different carriers,unless it can be proven that such will not work technologically and that such would have the effect of prohibiting the provision of service in the County. Orange County,North Carolina—Unified Development Ordinance Page 5-91 213 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities that they are readily accessible only to persons authorized to operate or service them. (t) All abandoned communication wireless support structures shall be removed within 12 months of the cessation of use. A bond or other security guaranteeing the removal of the tower in the event that it is abandoned or unused for a period of 12 months shall be posted. A cost estimate shall be provided by a qualified General Contractor licensed in the State of North Carolina. The amount of the security shall be 110%of the estimate. (u) A determination shall be made that the facility and its equipment will comply with all federal,state and local emission requirements,and the Special Use Permit or Conditional District approval shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. (v) Electro-Magnetic Radiation Levels (i) The Special Use Permit or Conditional District approval shall include a condition that the electro-magnetic radiation levels maintain compliance with requirements of the FCC, regarding emission of electromagnetic radiation. (ii) Within 30 days of installation of equipment on the tower,and within 30 days of the installation of any additional equipment in the future,the tower owner shall provide documentation of emission levels in relation to FCC standards. (iii) In addition,the tower owner must provide documentation of emission levels within five working days if so requested by Orange County. (iv) Orange County may make such requests at any time, not to exceed two times per year. (w) "High Voltage","No Trespassing"and Other Signs (i) If high voltage is necessary for the operation of the telecommunications tower or any accessory structures,"HIGH VOLTAGE-DANGER"warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart. (ii) "NO TRESPASSING"warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart. (iii) The letters for the"HIGH VOLTAGE-DANGER"and"NO TRESPASSING'warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence. (iv) The warning signs may be attached to freestanding poles if the content of the signs would,or could, be obstructed by landscaping.Signs noting federal registration(if required)shall be attached to the tower structure in compliance with federal regulation. (v) Facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. Orange County,North Carolina—Unified Development Ordinance Page 5-93 214 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities (vi) A sign no larger than four square feet containing the name(s)of the owner(s)and operator(s)of the antenna(s)as well as emergency phone number(s)shall be installed. The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. (vii) On tower sites,an FCC registration sign,as applicable,is also to be present. The signs shall not be lighted,unless applicable law, rule or regulation requires lighting. (viii) The use of any portion of a tower for signs or advertising purposes including company name,banners,streamers,etc. shall be strictly prohibited. (ix) Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower,unless repairs to the tower are being made. (5) Bond Security (a) The applicant and the owner of record of any proposed facility property site shall,at its cost and expense,be jointly required to execute and file with the County a bond,or other form of security acceptable to the County as to type of security and the form and manner of execution,in an amount of at least $75,000.00 for a tower and with such sureties as are deemed sufficient by the County to assure the faithful performance of the terms and conditions of this Section and conditions of any Special Use Permit or Conditional District approval issued pursuant to this Section. (b) The full amount of the bond or security shall remain in full force and effect throughout the term of the Special Use Permit or Conditional District approval and/or until any necessary site restoration is completed to restore the site to a condition comparable to that,which existed prior to the issuance of the original Special Use Permit or Conditional District approval .Tower=In8pestieR-.120 (6) Liability Insurance (a) A holder of a Special Use Permit or Conditional District approval for a wireless support structure shall secure and at all times maintain public liability insurance for personal injuries,death and property damage,and umbrella insurance coverage,for the duration of the Special Use Permit or Conditional District approval in the following amounts: (i) Commercial General Liability covering personal injuries,death and property damage:$1,000,000 per occurrence/$2,000,000 aggregate;and (ii) Automobile Coverage:$1,000,000.00 per occurrence/ $2,000,000 aggregate;and (iii) A$3,000,000 Umbrella coverage;and (iv) Workers Compensation and Disability:Statutory amounts. (b) For a wireless support structure on County property,the Commercial General Liability insurance policy shall specifically name the County as an additional insured. The insurance policies shall be issued by an 12'Extraneous Language. Orange County,North Carolina—Unified Development Ordinance Page 5-94 215 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A. (c) The insurance policies shall contain an endorsement obligating the insurance company to furnish the County with at least 30 days prior written notice in advance of the cancellation of the insurance. (d) Renewal or replacement policies or certificates shall be delivered to the County at least 15 days before the expiration of the insurance that such policies are to renew or replace. (e) Before construction of a permitted facility is initiated,but in no case later than 15 days prior to the grant of the building permit,the holder of the Special Use Permit or Conditional District approval shall deliver to the County a copy of each of the policies or certificates representing the insurance in the required amounts. A Certificate of Insurance that states that it is for informational purposes only and does not confer rights upon the County shall not be deemed to comply with this Section. (C) General Building and Inspection Standards for all Telecommunication Support Structures (1) Tower Inspection (a) Telecommunication tower owners shall submit a report to the County Inspections Division certifying structural and electrical integrity upon completion of the initial construction and at intervals as specified in this Section. (b) Inspection records shall be kept by the tower owner and made available upon request to the Inspections Division during regular business hours. (c) The following inspection schedule shall be followed,except in cases where a tower has no structures other than those associated with telecommunication tower use located within the tower's fall zone. (i) At least once every 36 months,or 36 months from the date of a collocation approval,a structural engineer who is regularly involved in the maintenance,inspection and/or erection of telecommunications towers shall inspect the tower and submit a report to the Inspections Division within a reasonable time thereafter. At a minimum,this inspection shall be conducted in accordance with the provisions of this Ordinance and in accordance with the tower inspections check list provided in the EIA-222(as amended from time to time).This is considered a major inspection review. (ii) At least once every 12 months,a visual inspection from the ground shall be conducted by a properly trained staff member of a tower provider or tower consultant and a report shall be filed with the Inspections Division within a reasonable time thereafter. This inspection shall include,but shall not be limited to,visual inspection of tower foundations,structures,guys,and connections for evidence of settlement or later movement;soil erosion;condition of paint or galvanizing; rust or corrosion,loose or missing bolts,loose or corroded lightning protection connectors;tower plumbness,significant variation in guy sags (i.e.tensions),and other material areas or matters relating to the structural integrity of the tower.This is considered a minor inspection review. (iii) In addition to the regularly scheduled major and minor inspections set forth herein,a minor inspection,at a minimum, Orange County,North Carolina—Unified Development Ordinance Page 5-95 216 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities d. If the tower does not meet the aforementioned EIA standards,the letter or existing P.E.analysis shall include the types of modifications that would be required to bring the tower up to standard. e. All existing towers shall be subject to the annual electrical inspection conducted by the Inspections Division including any associated inspection fees. f. The Inspections Division shall be notified in writing when a required analysis is complete.A copy of the analysis report shall be made available to the County Inspections Division upon request.That report shall also give details of the net result of any changes made to the tower or its appurtenances since the last inspection. (D) Fees (1) A filing fee as set by the Board of County Commissioners shall be paid upon application for a Site Plan/Zoning Compliance Permit Application,a Building Permit application,a Conditional District,or Special Use Permit. (2) An inspection fee is due the County at the time of all required future inspections as detailed within Section 5.10.8(C)(1)(c)of this Ordinance. Such fees may reflect the County's fully allocated costs,and shall not exceed such costs. (3) Public land or right-of-way lease agreements shall be established by separate instrument and recorded prior to the issuance of Building Permits. (4) Consultant Fee. Regardless of the type of telecommunication support structure proposed(i.e.administrative approval,special use permit,collocation,etc.)an applicant is required to submit a fee to cover the County's telecommunications consultant to review the application. An escrow account of an amount determined by the Board of County Commissioners,as denoted on the adopted fee schedule,shall be paid by check to Orange County to pay associated consultant review fees during all phases of the application review process. The Board of County Commissioners shall determine the amount of charges or fees assessed to an applicant on account of an outside consultant in advance and incorporate these charges and fees into an application fee that is based on the reasonable costs of the services the County incurs in connection with the application review. The fees and charges paid by the applicant for the services of a consultant shall not exceed what is usual and customary for wireless facilities and support structures. The foregoing does not prohibit the County from imposing additional reasonable cost-based fees for the actual costs incurred by the County for a consultant's review of an application due to amendments or revisions to the original application. The amount of the consultant charges incorporated into the application fee shall be separately identified and disclosed to the applicant upon request. Any unused funds in the account after either the approval of the Certificate of Occupancy(CO),or the expiration of the Special Use Permit approval,whichever is sooner,shall be returned to the designated party. 5.10.9 Removal of Wireless Support Structures and Facilities (A) The owner of any facility shall be required to provide a minimum of 30 days written notice to the County Clerk prior to abandoning any facility. (B) County Determination Under the following circumstances,the County may determine that the health,safety,and welfare interests of the County warrant and require facility removal: Orange County,North Carolina—Unified Development Ordinance Page 5-97 217 Article 5: Uses Section 5.11:Standards for Waste Management Facilities (1) Facilities that have been abandoned (i.e.not used as facilities)for a period exceeding 90 consecutive days or a total of 180 days in any 365 day period, except for periods caused by force majeure or Acts of God, in which case,repair or removal shall commence within 90 days of abandonment; (2) Permitted facilities fall into such a state of disrepair that it creates a health or safety hazard; (3) Facilities have been located,constructed,or modified without first obtaining,or in a manner not authorized by,the required Special Use Permit or Conditional District approval,or any other necessary authorization and the Special Use Drcrrmx"'i}development approval may be revoked. (C) If the County makes such a determination as noted above,then the County shall notify the holder of the Sp8da' Use Per ,;+development approval for the facility within 48 hours that said facility shall be removed. (D) The holder of the Special Use Per +development approval,or its successors or assigns,shall dismantle and remove such facility,and all associated structures,from the site and restore the site to as close to its original condition as is possible,such restoration being limited only by physical or commercial impracticability,within 90 days of receipt of written notice from the County. However, if the owner of the property upon which the facility are located wishes to retain any access to the facility,the owner may do so with the approval of the County. (E) If a facility is not removed or substantial progress has not been made to remove the facilities within 90 days after the permit holder has received notice,then the County may order officials or representatives of the County to remove the facility at the sole expense of the owner or Special Use oormitdevelopment approval holder. (F) If the County removes,or causes to be removed a facility,and the facility owner does not claim and remove it from the site to a lawful location within ten days,then the County may take steps to declare the facility abandoned,and sell them and their components. (G) Temporary Use Permit/Agreement (1) Notwithstanding anything in this Section to the contrary,the County may approve a temporary use permit/agreement for the facility,for no more than 90 days, during which time the holder of the Special Use Per development approval shall develop a suitable plan for facility removal,conversion,or re-location, subject to the approval of the County,and the holder of the SpeG al Use Rprmitclevelopment approval and the County shall execute an agreement to such plan. (2) If such a plan is not developed,approved and executed within the 90 day time period,then the County may take possession of and dispose of the affected facility in the manner provided in this Section and utilize the bond. 5.10.10 Ham Radio Antenna (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. Orange County,North Carolina—Unified Development Ordinance Page 5-98 218 Article 5: Uses Section 5.11:Standards for Waste Management Facilities • � � � • � 5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose of Disposal of Household Waste by Orange County Residents (A) Standards of Evaluation (1) The site shall consist of a parcel,or easement across a parcel, (whether owned or leased by the public agency)which has been recorded by the Orange County Register of Deeds. (2) The parcel or easement across the parcel,(whether owned or leased by the public agency)on which the facility is located shall contain a minimum area of 40,000 square feet. (3) The parcel or easement shall have frontage on a State maintained road. (4) A Type B landscape buffer,30'in width,shall be provided along the perimeter of the parcel or easement. (5) Fencing at least six feet in height shall be provided between the landscape buffer and the improved portion of the parcel or easement. (6) An entrance sign shall identify site as a sanitation collection site,and shall identify the responsible public agency. The sign shall contain a maximum of nine square feet and shall not exceed eight feet in height. Instructional signs may be erected as needed within the facility. (7) The entrance to the site shall contain a travelway a minimum of 30'in width. 5.11.2 Landfills rAi„) Use Standards 0) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this 9rdiaanee. M)LLSubmittal Requirements and Standards of Evaluation for Class A Special U hse Dermmt-;NIR--Cn n,s*.,c4Conditional Districts (1) Submittal Requirements In addition to the basic information required by Section 2.97 the following information shall be submitted as part of the application: (a) Typical cross sections showing extent of overburden,extent of fill and water table elevation, based on mean sea level datum; (b) Proposed handling and storage areas for overburden, by products and fill materials; (c) Proposed fencing,screening and gates,parking,service and other areas; (d) Any areas proposed for ponding;and (e) Access roads to the site,as well as on site roads,with indication of surface treatment to limit dust,and sight distances on all roads used for access to the site. (f) An Operations Plan which shall include: (i) The date of commencement of operations and their expected duration. (ii) Proposed hours and days of operation. Orange County,North Carolina—Unified Development Ordinance Page 5-99 219 Article 5: Uses Section 5.11:Standards for Waste Management Facilities (iii) Complete description of operation,including source of materials, method of compaction,type of sealing proposed,types and number of equipment to be used. (iv) Any phasing of operations and relationship among phases. (v) Operating practices to be followed to ensure compliance with applicable performance standards in Section 2-.7-7�E+6.4.121 (g) A Rehabilitation Plan which shall include: (i) A statement of planned future use of the site,including detailed methods of accomplishment. (ii) A map,to the same scale as the Site Plan,showing final proposed topography,landscaping and ground cover proposed and any drainage or other structures proposed. (iii) A phased plan of rehabilitation, related to the operations plan, showing how the rehabilitation will relate to the fill operations and the date of final completion. (2) Standards of Evaluation (a) All operations associated with the fill shall conform to the following performance standards: (i) Direct illumination resulting from the operation shall not fall upon any land not covered by the application. (ii) Equivalent sound levels at the boundaries of the fill site shall not exceed the following standards: DECIBELTABLE 5.11.2.A.2.1:SOUND LEVEL STANDARDS FOR WASTE MANAGEMENT FACILITIES TiME 7:00 a.m.to 7:00 p.m. 68 dBA 7:00 p.m.to 7:00 a.m. 58 dBA (iii) Vibration levels at the boundaries of the fill site shall not exceed the following standards: TABLE 5.11.2.A.2.11:VIBRATION LEVEL STANDARDS MANAGEMENT FACILITIES TiME DECIBEL LIMIT Steady State 1.0 inches/second Impact 2.0 inches/second [11 The maximum particle velocity shall be the maximum displacement sums of three mutually perpendicular components,recorded simultaneously, multiplied by the frequency in cycles per second. For purposes of this Ordinance,steady state vibrations are vibrations which are continuous,or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute,shall be considered impact vibrations. 121 Update to correct section reference. Orange County,North Carolina—Unified Development Ordinance Page 5-100 220 Article 5: Uses Section 5.11:Standards for Waste Management Facilities (b) The Rehabilitation Plan shall be referred to the Orange County Soil and Water Conservation District for review and recommendation, in particular regarding the landscape material specified,the planting and maintenance proposed to ensure continuous growth and development, and the acceptability of the proposals for the handling of lakes,ponds, etc. (c) The permanent roads,defined as those to be used in excess of one year,within the fill site shall be surfaced with a dust free material,such as soil cement,bituminous concrete or Portland Cement concrete. (d) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan,which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons are an acceptable means of dust inhibition. (e) Where the proposed fill shall take place within 300 feet of a dwelling, school,church, hospital,commercial or industrial building,public building,or public land,a security fence at least six feet high shall be installed. (f) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling. 5.11.3 Waste Management Facility, Hazardous and Toxic (A) Standards for Class A Special i lse Derm Nth'R- Il Conditional Districts (1) Submittal Requirements In addition to the information required in Ssection 2.79,the following shall be supplied as part of the application: (a) A copy of the application filed with the North Carolina Department of Health and Human Services for a hazardous waste management facility. (b) A detailed description of the type facility planned. Included in this description will be the size of the project,size of the site,the type storage involved,and the method of permanent disposal anticipated. (c) Letters from the appropriate agencies that the facility has adequate protection against fire,vandalism and personal injury. (d) Survey of floodplain and floodway location on the site plan. (e) An emergency management plan that has been submitted to the appropriate North Carolina State agency,and approved. (2) Standards of Evaluation (a) All necessary State permits have been applied for and granted to the applicant. (b) The description of the type facility planned, including a detailed description of the type wastes to be stored or disposed of on the site,the size of the finished project, method of storage or final disposal. (c) Adequate fire,police and rescue protection can be provided. The appropriate agencies have written letters confirming adequate protection. Orange County,North Carolina—Unified Development Ordinance Page 5-101 221 Article 5: Uses Section 5.12:Standards for Extractive Uses (d) The site is of adequate size to provide a buffer for adjacent properties. The buffer shall also be of sufficient size to prevent adverse effects in adjacent property. (e) Access to the site is directly from an interstate,arterial,or major collector street. (f) Accident prevention/emergency management plan approved by the State. (g) Location of flood plain if any is on site. (h) The site plan has buffer from streams. SECTIONSTANDARDS FOR EXTRACTIVE USES 5.12.1 Borrow Pits for Federal and State Highway Projects (A) Use Standards (1) Permitted by right in all districts in accordance with the provisions of Section 5.1.4-2 of this Ordinance. (B) Standards of Evaluation (1) The borrow pit is located within one-half mile of the construction site; (2) An Erosion Control Plan has been approved by the Department of Environment, Health and Natural Resources; (3) The material extracted is to be used solely for a State or Federal road construction project;and (4) Road construction plans include provision for reclaiming the excavated area. If the reclamation plan involves filling the excavated area,the fill material must be inert material defined as beneficial fill by the Solid Waste Branch of the Department of Environment and Natural Resources, provided that the debris is also associated with a State or Federal Highway road construction project. Inclusion of reusable or recyclable materials in the reclamation or filling of the borrow pit should be minimized. A proposed debris recycling program or a statement as to why material will not be recycled must be submitted for review by Orange County. 5.12.2 Extraction of Earth Products (A) Use Standards 0)Shall RGt be permitted s a Genditienal I II Ise D strinf Refor to SeGtion 5 1 Z of this M(11 Processing of materials on-site, beyond incidental mechanical consolidation or sorting to facilitate transportation off-site for further processing, is prohibited. (B) Submittal Requirements and Standards of Evaluation for Class A Special Use oer.� �othIR-C�lo_CnConditional Districts (1) Submittal Requirements In addition to the information required by Section 2.79,the following shall be submitted as part of the application: (a) 26 copies of the site plan, prepared by an appropriately licensed professional,which shall contain the following: (i) Extent of area to be excavated or mined. Orange County,North Carolina—Unified Development Ordinance Page 5-102 222 Article 5: Uses Section 5.12:Standards for Extractive Uses (xii) Operating practices will be followed to comply with the performance standards applicable to the operation(See o 7'(F.)Section 6.4122). (C) A Rehabilitation Plan which shall include: (i) A statement of planned rehabilitation of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land. (ii) A map showing the final topography,after rehabilitation,to the same scale as the Site Plan,depicting any water areas and methods of preventing stagnation and pollution thereof, landscaping and ground cover proposed to be installed,and the amount and type of back fill to be employed, if any. (iii) Typical cross sections showing planned rehabilitation. (iv) A phasing and timing plan, related to the phasing and timing portion of the Operations Plan,showing the progression of the rehabilitation and the date when it will be complete. (v) The method of disposing of all equipment,structures,dikes and spoil piles associated with the operations. (vi) A written legal description or survey of the property,prepared by a North Carolina registered land surveyor or engineer. (2) Standards of Evaluation (a) The applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and/or gravel for building and construction purposes. (b) All operations associated with extraction shall conform to the following performance standards: (C) Direct illumination resulting from the operation shall not fall upon any land not covered by the application. (d) Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards: DECIBELTABLE 5.12.2.A.2.D:VIBRATION LEVEL STANDARDS FOR EXTRACTION SITES MME 7:00 a.m.to 7:00 p.m. 68 dBA 7:00 p.m.to 7:00 a.m. 58 dBA (e) Vibration levels at the boundaries of the extraction site shall not exceed the following standards: TABLE 5.12.2.A.2.E.:VIBRATION LEVEL STANDARDS FOR EXTRACTION SITES ...Update to correction section reference. Orange County,North Carolina—Unified Development Ordinance Page 5-104 223 Article 5: Uses Section 5.13:Standards for Agricultural Uses (m) The applicant shall submit operational reports,prepared on an annual basis,detailing the amounts of materials extracted,extent of extractive area,depth of extractive area,and results of groundwater test borings. (n) Annual inspections of the operation shall be conducted by the Planning Director following submittal of the annual operations reports to determine compliance with the provisions of the Snen'al Use Permi4development approval. (o) In cases of abandonment or termination of operations for a period of 12 consecutive months,application for a new Special Use o�m;tdevelopment approval is required. (p) The Board of County Commissioners shall require for all extractive uses a performance guarantee to OnFensure that the provisions of the Rehabilitation Plan are met.Such performance guarantee shall be in a form approved by the County Attorney. The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis,if the cost does not exceed the amount posted with the State. If the rehabilitation cost exceeds the amounts required by the State then the difference shall be made up in a bond to Orange County. SECTIONSTANDARDS • AGRICULTURAL USES - 5.13.1 Agricultural Processing Facility {A� ids Shall not he n mitten•..4hin the R--rnl Qi iffer land nlncci£nn4inn des nnated by the nrdeoterd Gernorehensoye PInn as art of n r`nndlitinnnl Di 64rint 0) (a) As rnn,t i nnl l 1I seM,,;trant,oefertnet-Atinn 5 1,l of thf thi;Orc i n..e (b) Within theR,-ral G,-ffer lend IMe�'rvSs' "f{IGviivrr-aas desig Rated by the �12 �) (A)Standards of Evaluation (1) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: ra)and rho in th,..ubs €*istirre-rest*ietien�eirre-re4ec�ted since t#tefe�s{rca-ler�eera;���eet;a,T 124 Due to attorney concerns regarding excluding uses from land use classifications in the use-specific standards, language in the use-specific standards is proposed for removal. Instead,new conditional zoning districts applicable only to the Rural Buffer have been proposed. These uses that are currently excluded via language in Article 5 remain excluded from the Rural Buffer as they are not indicated as a permitted use in the Table of Permitted Uses (Section 5.22) Orange County,North Carolina—Unified Development Ordinance Page 5-106 224 Article 5: Uses Section 5.13:Standards for Agricultural Uses (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) If located adjacent to residentially zoned property,all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (3) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.2 Agricultural Processing Facility,Community (A) Use Standards (1) Allowed as more than 4-one principal use if location on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Standards of Evaluation (1) If located in an AR or RB zoning district,facility shall be located on the bona fide farm of one of the cooperative farm partners or must be permitted as an ASE- SZCD or ASE-RB-CD. (2) The building shall not exceed 10,000 square feet in size. (3) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (4) If located adjacent to residentially zoned property,all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (5) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.3 Cold Storage Facility (A) Standards of Evaluation (1) If located adjacent to residentially zoned property,all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. Orange County,North Carolina—Unified Development Ordinance Page 5-107 225 Article 5: Uses Section 5.13:Standards for Agricultural Uses (2) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. (3) The site shall be located on a major road,as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-GZCD or ASE-RB-CD. 5.13.4 Community Farmers'Market (A) Use Standards (1) Allowed as more than one principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance, (B) Standards of Evaluation (1) The minimum lot size shall be 3 acres unless permitted as an ASE-GZCD or ASE-RB-CD. (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-NR-CD and ASE-GZ-CD Zoning Districts. (2) Operations-involving_on site grinding of materials shall not hepor�_„m itted:w thin the Rural Buffer land u nlass'finefien as des'wated by fhn n nfnll'In Gemprehensove Plan as nr4 of a Gendmtmenal Dmstrinf nnnlinn4ion /h�)Within fhe R, ral Q--ffer land-iSe�vin��'�+.�fin�as designated the adepte.d GemnreheRSOVe Plan as aFt of a Gen.difienal ZGRiRg flic4rin4 (B) Standards of Evaluation for Class A Special l Ice Permit er ASE-G—Wonditional Zening Districts (1) The minimum lot size shall be 10 acres unless permitted as an ASE-GZCD or ASE-RB-CD. (2) All operations shall be located a minimum of 150 feet from all property lines. (3) The site shall be located on a major road,as classified in the Orange County Comprehensive Plan,unless permitted as an ASE-GZCD or ASE-RB-CD. (4) Outdoor storage areas shall be screened from view of adjacent properties and the road right-of-way. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) Compost piles shall not exceed 15 feet in height. (7) Operations that include grinding shall adhere to the following: (a) Grinding shall be permitted only during the hours of 7 a.m.and 7 p.m.,or as otherwise specified on the permit. (b) Grinding area shall be located a minimum of 1,000 feet from any existing dwelling unit located on adjacent properties. en er an ..)and/hl i th....uI.s,.,..i,... Orange County,North Carolina—Unified Development Ordinance Page 5-108 226 Article 5: Uses Section 5.13:Standards for Agricultural Uses (c) Grinding area shall be located a minimum of 300 feet from all property lines. (8) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.6 Cooperative Farm Stand (A) Use Standards (1) Shall be permitted as more than one principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Standards of Evaluation (1) In addition to the application materials required in Sections 2.5.2 and 2.4.3,the following shall also be required: (a) The number and location of participating cooperative farm partners. (b) A description of the facility,including size of structure(s)and access locations. (c) Number of employees, if any. (d) Frequency and hours of operation. (2) Sales of any products not produced on the farm(s)of one of the cooperative farm partners shall be incidental, related to,and a subordinate component of farm stand sales in scale and profit. 5.13.7 Equestrian Center (A) Standards of Evaluation for Class A c..,.Gial l sse Permit or Aco_rZ Conditional Zoning Districts (1) Minimum lot size: 15 acres. (2) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access, unless approved otherwise in the permitconditions of approval. (3) All structures,facilities,storage areas,and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s)shall include sufficient space for parking and maneuvering trucks Orange County,North Carolina—Unified Development Ordinance Page 5-109 227 Article 5: Uses Section 5.13:Standards for Agricultural Uses and horse trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the *conditions of approval. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly,monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.8 Farm Equipment Rental,Sales and Service AAA)Use Standard--; 0) Shall +be permitted:s a Conditional Ilse Distri^'.Refer#eReAtie,9 1 2 of this (B)(�Standards of Evaluation (1) Outdoor display and storage of equipment shall be permitted in the side and rear yards of the primary structure and shall be screened from view of adjacent properties. (2) Service bays shall be located at the side or rear of a structure and shall not be visible from adjacent residential property or the road right-of-way. (3) The site shall be located on a major road,as classified in the Orange County Comprehensive Plan,unless permitted as an ASE-SZCD or ASE-RB-CD. (4) Parking shall not be located in the front yard space. (5) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: Orange County,North Carolina—Unified Development Ordinance Page 5-110 228 Article 5: Uses Section 5.13:Standards for Agricultural Uses (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.9 Farm Supply Store (A) Standards of Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road,as classified in the Orange County Comprehensive Plan,unless permitted as an ASE-CZCD or ASE-RB-CD. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.10 Feed Mill (A` ) Use Standards 0) Shall not be permitted as a Conditional Use District. Refer t Section 5.1 z_o of this this (B)(�Standards of Evaluation (1) The minimum lot size shall be 3 acres, unless permitted as an ASE-CZCD or ASE-RB-CD. (2) All structures,equipment,and outdoor storage areas shall be located a minimum of 100 feet from all property lines. Orange County,North Carolina—Unified Development Ordinance Page 5-111 229 Article 5: Uses Section 5.13:Standards for Agricultural Uses (3) The site shall be located on a major road,as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZCD or ASE-RB-CD. (4) Outdoor storage shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (5) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.11 Greenhouses with On Premise Sales (A) Use Standards (1) Shall be permitted as more than one principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Standards of Evaluation (1) If located in an AR zoning district,the minimum lot size shall be 3 acres,unless permitted as an ASE-CZCD or ASE-RB-CD. (2) If located in an AR zoning district,outdoor storage shall be located in the side or rear yards and shall be setback a minimum of 100 feet from the property line. 5.13.12 Meat Processing Facility,Community (A) Use Standards (1) Shall be permitted as more than one principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Standards of Evaluation (1) The building shall not exceed 10,000 square feet in size. (2) If located adjacent to residentially zoned property,all buildings,outdoor storage areas,and animal pens shall be located a minimum of 100 feet from the property line. (3) Outdoor storage of products shall be permitted in to the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) In addition to the application materials required in Section 2.5 or 2.9,as applicable,the following shall also be required: (a) The number of location of participating cooperative farm partners. Orange County,North Carolina—Unified Development Ordinance Page 5-112 230 Article 5: Uses Section 5.13:Standards for Agricultural Uses (b) Number of employees,if any. (c) Frequency and hours of operation. (d) A comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis) before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required.Said study shall detail: (i) The amount of water anticipated to be used on a daily,weekly, monthly,and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.13 Meat Processing Facility, Regional fA�A)Use Standards d 86agnetedt by the adopted Gemwehenoi.de Plan as art of a rendtitinnel nistrigt (a) Permitted as a Conditional Use District.Refer to Section 5.1.3 of this QFdinaRGe;0 (b) Permitted within the Rural Buffer land use classification,as d`signnat by the adapted CompreheRsive Plan,as paFt of a Conditional Zenip'g D iStrid•t., plinntien (B) (A)Standards of Evaluation for Class A Special I Ice Permit or ASE-C—Wonditional Zoning Districts (1) The minimum lot size shall be 15 acres. (2) If located adjacent to residentially zoned property,all buildings,outdoor storage areas,and animal pens shall be located a minimum of 300 feet from the property line. (3) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the peFmAconditions of approval. (5) All unpaved areas shall be maintained in a manner which prevents dust from 426E-xi#iR-9en er an ..)and/1.1 i the..uI.s,.,..m,... Orange County,North Carolina—Unified Development Ordinance Page 5-113 231 Article 5: Uses Section 5.13:Standards for Agricultural Uses adversely impacting adjacent properties. (6) In addition to the information required by Sections 2.7 or 2.9,as applicable, application materials shall also include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.13.14 Non-Farm Use of Farm Equipment (A) Use Standards (1) Shall be permitted as more than one principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. (B) Standards of Evaluation (1) Equipment shall be screened from view from adjacent properties and road(s). (2) Outdoor storage of materials such as gravel,dirt,or plants shall be limited in both area and duration. (3) On-site retail sales shall not be permitted. 5.13.15 Stables,Commercial (A) Use Standards 0) Use shall net hen milted as a Gondotmonal I Ice Dostrinf Refer to Centman 5 1 2 of fh�s(lrrl�na nnn tB)LALSubmittal Requirements and Standards of Evaluation for Glass B Special Use Permit or Aco_r7 or n412n_r-Conditional Zoning Districts (1) Submittal Requirements In addition to the information required by Sections 2.7 or 2.9,as applicable,the following information shall be supplied as part of the application for approval of this use: (a) Plans for all barns,boarding facilities,exercise yards, riding arenas,and related improvements, including signage. (b) Site plan showing the improvements listed in a)above,other structures on the same lot,and structures on adjacent property. (c) A comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence Orange County,North Carolina—Unified Development Ordinance Page 5-114 232 Article 5: Uses Section 5.13:Standards for Agricultural Uses (which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis) before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required.Said study shall detail: (i) The amount of water anticipated to be used on a daily,weekly, monthly,and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Standards of Evaluation (a) Minimum lot size:5 acres for up to 10 horses,increasing by acre for each horse over 10. (b) No part of any building,structure,exercise yard,or riding arena,in which animals are housed or exercised shall be closer than 150 feet from a property line,except property occupied by the owner/operator of the facility.These minimum distances shall not apply if all portions of the facility,in which animals are housed,are wholly enclosed within a building. (c) The site plan shows parking,access areas and screening devices for buildings, riding arenas,and boarding facilities. (d) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names,addresses,and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night.The sign shall comply with dimensional requirements as set forth within this Ordinance. 5.13.16 Stockyards/Livestock Markets rAi ) Use Stte,rdg 0) Use shall not be: PeFFnitted within the RuFal Bu#er land use GlassuflGatwon,as ,desmClRa+ed by the aden+ed Gernprehensoye RaR,as part of o Gendotmenal Dostrin+ (a) Pe,mi++ed as a Gendotmenol Use seDistrin+.Refer to Seet+en 5.1 3 of this QFdiRaRse;eF (b) Pprmatted Within+h+he R,-rAl Q„ffer land-1se�lassi#ic,+�aasdesignet+ed by the adopter!Gerr,nrehenoi..e RaR as .ter+of a GA-Rd-i+innol 7enino (R)LtA .LStandards of Evaluation (1) The minimum lot size shall be 10 acres. 3- Rg GR ..)....a/h1 the..��i.�,.,..�,... Orange County,North Carolina—Unified Development Ordinance Page 5-115 233 Article 5: Uses Section 5.14:Standards For Manufacturing,Assembly,Processing,and Distribution Uses—Food (2) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the permit or conditions of approval,as applicable. (3) All structures,facilities,storage areas,and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s)shall include sufficient space for parking and maneuvering trucks and stock trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit or conditions of approval,as applicable. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) If located adjacent to residentially zoned property,all animal pens shall be located a minimum of 300 feet from the property line. (8) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. SECTION -D OR MANUFACTURING, ASSEMBLY, PROCESSING, AND DISTRIBUTION • •D 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.205128 (B) Standards for EDB-1 and EDE-1 Zoning Districts (1) Uses shall be limited to 20,000 sq.ft.of building area. 5.14.2 Microbrewery (A) Use Standards (1) Microbrewery Production Only and Microbrewery with Minor Events land uses,as defined within this Ordinance,shall be permitted as more than one principal use if located on a bona fide farm. Refer to Section 6.2.5 of this Ordinance. 'Z$Extraneous text. Orange County,North Carolina—Unified Development Ordinance Page 5-116 234 Article 5: Uses Section 5.14:Standards For Manufacturing,Assembly,Processing,and Distribution Uses—Food (2) Microbrewery with Major Events,as defined within this Ordinance,shall: (a) Only-be permitted only within the ASE-GZ-CD and MPD-GZ-CD Zoning Districts. (b) Shall be hpermitted within the Karel Q„ffer land an as designated by the.glen+ed Gemprehenci.ie Plan as art of a GGRdi+ienel 7enin., flic+ri r•+.� nlir•e+ien Refer+.,Ce..+inn 51 of+hie nrr+inenne 429 (3) Specific Standards for RB and AR Zoning Districts (a) Only Microbrewery, Production Only shall be permitted for development. (B) Submittal Requirements (1) Applications for a Microbrewery, Production Only; Microbrewery with Minor Events;and Microbrewery with Major Events land uses,as defined within this Ordinance,shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s) may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required.Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use (2) Additional Submittal Requirements for Microbrewery with Minor Events and Microbrewery with Major Events (a) In addition to the requirements in Sections 2.7 and/or 2.9,as applicable, the following information shall be submitted with the application materials: (i) Description of special events to be held on-site, including frequency of events,hours of operation,anticipated attendance, and any other pertinent details. (ii) Location of overflow parking area(s)if required parking is not anticipated to accommodate all special events. (iii) A map depicting surrounding uses and the distance to residential structures. (iv) A description of retail sales and facility tours,if proposed. (C) Standards of Evaluation for Microbrewery,Production Only Glass QQ Special Use Permit or OR/M,1-1, 1-2,1-3, ASE-CZ and MPD-Czand Conditional Zug Districts (1) If located in an AR or RB zoning district,the microbrewery must be located on a bona fide farm. Orange County,North Carolina—Unified Development Ordinance Page 5-117 235 Article 5: Uses Section 5.14:Standards For Manufacturing,Assembly,Processing,and Distribution Uses—Food (a) A microbrewery, production only,that is located on a bona fide farm,and which utilizes primarily crops produced on-site is considered a bona fide farming use and is not subject to zoning regulations. (b) A microbrewery, production only,that does not utilize primarily crops produced on-site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property,all buildings shall be located a minimum of 100 feet from the property line. (D) Standards of Evaluation for Microbrewery with Minor Events Mass B Special Use Permit nr ASF-CZ and nAPD-CZzoning Districts (1) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the permit or conditions of approval,as applicable. (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. (3) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (4) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit or conditions of approval,as applicable. (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 or conditions of approval,as applicable. (6) Food services are not allowed unless approved in the permit or conditions of approval,as applicable. (7) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site.The permit or conditions of approval,as applicable, may specify limits to these activities. (E) Standards of Evaluation for a Microbrewery with Major Events for Acc�7.... M1213-CWonditional Zening Districts (1) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the permit or conditions of approval,as applicable. (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. (3) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (4) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit or conditions of approval,as applicable. (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 or conditions of approval,as applicable. Orange County,North Carolina—Unified Development Ordinance Page 5-118 236 Article 5: Uses Section 5.14:Standards For Manufacturing,Assembly,Processing,and Distribution Uses—Food (6) Food services are not allowed unless approved in the permit or conditions of approval,as applicable. (7) The permit or conditions of approval,as applicable, may limit the frequency of events. (8) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.14.3 Winery (A) Use Standards (1) Winery Production Only and Winery with Minor Events,as defined within this Ordinance,shall be permitted as more than one 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: W Q#y-be permitted only within the ASE-SZ--CD and MPD-SZ-CD Zoning Districts. (b) Shallbe permitted within the Rural R,iffer land I IRP GIaIRSS�. f,�an .ems rdesigRated by the a dented GGFnnrehe a DlaR as .art of a f'enrlitienel ZORiRg Distrint o nliGatien Defer to Septien G d 2 of this Qr.dinanne 4W (3) Specific Standards for RB and AR Zoning Districts (a) Only Winery, Production Only shall be permitted for development. (B) Submittal Requirements (1) Applications for a Winery, Production Only;Winery with Minor Events;and Winery with Major Events as defined within this Ordinance shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow.For example,if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required.Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (2) Additional Submittal Requirements for Winery with Minor Events and Winery with Major Events (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 Orange County,North Carolina-Unified Development Ordinance Page 5-119 237 Article 5: Uses Section 5.14:Standards For Manufacturing,Assembly,Processing,and Distribution Uses-Food frequency of events,hours of operation,anticipated attendance, and any other pertinent details. (ii) Location of overflow parking area(s)if required parking is not anticipated to accommodate all special events. (iii) A map depicting surrounding uses and the distance to residential structures. (iv) A description of retail sales and facility tours,if proposed. (C) Standards of Evaluation for a Winery,Production Only Glass Special Use Permit or ARE-CZConditional Zening Districts (1) If located in an AR or RB zoning district Oho C-Amppehensi a Plan, 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. (D) Standards of Evaluation for a Winery with Minor Events Glass QQ Special Use Permit or ASE-C7 and MPD-C7Conditional Zening Districts (1) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the permit or conditions of approval,as applicable. (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. (3) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (4) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit or conditions of approvals,as applicable. (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 or conditions of approval,as applicable. (6) Food services are not allowed unless approved in the permit or conditions of approval,as applicable. (7) Retail sales and facility tours are intended to be minor components of the overall use as a winery that produces wine. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit or conditions of approval,as applicable, may specify limits to these activities. (E) Standards of Evaluation for a Winery with Major Events "ec rZ and neon CZ-Conditional Zening Districts (1) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the permit or conditions of approval,as applicable. Orange County,North Carolina-Unified Development Ordinance Page 5-120 238 Article 5: Uses Section 5.15:Standards For Manufacturing,Assembly,Processing,And Distribution Uses—Other Than Food (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. (3) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (4) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit or conditions of approval,as applicable. (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 or conditions of approval,as applicable. (6) Food services are not allowed unless approved in the permit or conditions of approval,as applicable. (7) The permit or conditions of approval,as applicable, may limit the frequency of events. (8) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. SECTIONSTANDARDS FOR MANUFACTURING, ASSEMBLY, PROCESSING, • OTHER THAN FOOD 5.15.1 Manufacturing,Assembly, Processing and Distribution Uses-Other Than Food (A) Standards For El and 1-1 Zoning District (1) Uses shall be limited to 10,000 sq.ft.of building area. (B) Standards for EDB-1 and EDE-1 Zoning Districts (1) Uses shall be limited to 20,000 sq.ft.of building area. 5.15.2 Metal Fabrication Shop (A) Standards for ASE-CZ-CD and ASE-RB-CD Zoning Districts (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) If located adjacent to residentially zoned property,all buildings and operations must be located a minimum of 200 feet from the property line. 5.15.3 Research Facility With Manufacturing (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 shall adhere to the standards of Section 5.15.3(A)(2): (a) Financial Services (b) Service land uses,limited to Beauty&Barber Shops, Laundry and Dry Cleaning Services (c) Eating and Drinking Establishments limited to Nightclubs, Bars, Pubs, Restaurants Carry Out and General. (d) Retail, limited to 12,000 sq.ft.of building area Orange County,North Carolina—Unified Development Ordinance Page 5-121 239 Article 5: Uses Section 5.16:Standards for Automotive/Transportation Related Uses (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 only in accordance with the following standards: (a) The site plan 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 Sawmills AiA)Use Standard.,; dGSa Rated by the adepted Gernpreher,o'..e Dler. as apt of a Gn-n-lmtin-n-al Distrint (a) Pprrra;RedisA C-And 4'e el l l" �l I Ise r);stri^f.RefertP Spntm n 5 1.2 Afthis QFdiRaRGe;6r (b) Pprrn tted within th+I,t,R„r R,-ffer land-ise�lass'+#�c '�^ asdesig„ated DicfriGt n pliGatier, (1)LLStandards of Evaluation (1) Minimum lot size:5 acres. (2) All structures,equipment,and storage shall be located a minimum of 100 feet from the property line. (3) Hours of operation shall be limited to the hours between 7 a.m.and 7 p.m. (4) Site shall have direct access to a major road,as classified in the Orange County Comprehensive Plan,and shall use said road as the primary access,unless approved otherwise in the permit or conditions of approval,as applicable. SECTION 5.16: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED USES 5.16.1 Airports,General Aviation,Heliports,STOL (A) UseStandsa.ds /'1) Shall .,f hepe r,fitted as A Conditional I Isp Dirtri..f Refer fe ReAtie.5 1 2(if this BFdIN+c'}RGE (B)LLSubmittal Requirements and Standards of Evaluation for Class A Special Use P--ermitNR-CD District (1) Submittal Requirements In addition to the information required in Ssection 2.79,the following shall be submitted as part of the application: (a) A configuration diagram depicting the layout of runways,taxiways, approach zones and overrun areas.These diagrams should also be on aerial photographs that show the area within five miles of the proposed site. Orange County,North Carolina—Unified Development Ordinance Page 5-122 240 Article 5: Uses Section 5.16:Standards for Automotive/Transportation Related Uses (b) Isotonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. (c) The number and type of aircraft proposed to be stored including also the storage areas for aircraft,fuel and motor vehicles,service areas for aircraft. (d) How on site fire and rescue services shall be provided and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility. (e) List land uses within the final approach zones of the airport. (f) Certification that all Federal Aviation Administration(FAA)and State standards and requirements have been met. (2) Standards of Evaluation (a) All F.A.A.and State regulations are met as a condition of approval. (b) The site and its operation will not adversely affect existing adjacent land uses. (c) Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant. (d) Adequate land area is provided for all of the proposed uses,buildings and storage areas. (e) Screening of buildings,storage and maintenance areas is provided from adjacent residential land. (f) Letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level. (g) Access shall be directly onto a State maintained road. (h) Compatible land uses are located in the final approach areas of the airport. c 9a 2 Bus Terminal and Garage (A) Use Stan inres 0 Shall not oe permitted as a Conditional Use District.Refer', Section 5.1-3 o,this this 9rdiaaas� G 9 a 3 Motor Freight Te Rninal. (A) Use Standards 0) Shall not be permitted as a Conditional Use DistrictRefer t Section, o Se�ti�t n 51 3 o,this this Ord'nanGe. C SIC A Mntnr\/ehinle Maintenance (A) Use Standards �,w) Shall RGt peperrnitted as re aitio pie el I Ise Distrint.Refer ta�eeGtien 5 1 2 of this Ordinance: AtA)Use Standards /`1) Shall net ben et permitted as a(`GRditiennl Usp Di,;tront Refer to centiGR G 1 3 9f this Orange County,North Carolina—Unified Development Ordinance Page 5-123 241 Article 5: Uses Section 5.17:Standards for Medical Uses 5.1-6.65.16.2 Motor Vehicle Sales/Rental (A) Use Standards 0) Shall not be permitted as a Conditional Use District. Refer to Section 5.1.3 of this 9rdinanee. M 1) 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)(2) Within the GC-4, 1-1, 1-2, 1-3, EDB-1,EDB-2, EDE-2, EDH-4,and EDH-5 the display of vehicles outdoors shall be limited to 45 vehicles per acre of property. (B) Submittal Requirements (1) In addition to the information required by Section 2.5,the site plan shall show the area for the display of vehicles for sale or rental. (C) 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. 516 75.16.3 Motor Vehicle Service (A) Use Stand-R-rds 0) Shall not be peFmitted as a Conditional Use-Distript. Refer to SpAtien 5 1 2 Af this Ordinance. (B)LtALStandards for the I_C-1, NC-2,and EC-5 Zoning Districts (1) Shall be limited to no more than 10,000 sq.ft.of building area. SECTIONSTANDARDS FOR MEDICAL USES c 17 1 Hospital AiA)Use Standards 0) ISWa.f„E*Aepermitted:s a Gendti ,mil I Ise Distrir-t RefAr to Section 5 1 3 of this 9rd+nans� 5.17.25.17.1 Medical Uses (A) Use Stanclard-R /'1) Shall n..t hepe mined as a Gendi ional I Isp DistrintReefer to oCeGti �eR 1.3 Af this 9rdinanse (B)LALStandards for the LC-1, NC-2,CC-3,O/RM,EDH-1, EDH-2,and EDH-3 Zoning Districts (1) Shall be limited to no more than 10,000 sq.ft.of building area. 5.1-7.35.17.2 Veterinary Clinic (A) Standards of Evaluation for�1o,as�Q Special Use Permit or ASE-CZ or MPD CZConditional Zoning Districts Orange County,North Carolina-Unified Development Ordinance Page 5-124 242 Article 5: Uses Section 5.18:Standards for Assembly Uses (1) In the AR_and ASE-GZ-CD,and ASE-RB-CD zoning districts,this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property,all buildings and facilities shall be located a minimum of 100 feet from the property line. 5.1-7.45.17.3 Veterinary Hospital (A) Standards of Evaluation for ASE-CZ-CD and ASE-RB-CD Zoning Districts (1) In the ASE-GZ-CD and ASE-RB-CD 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. SECTIONSTANDARDS FOR ASSEMBLY USES 5.18.1 Assembly Uses,AIL Subtypes'32 (A) Use Standards (1) Assembly uses with an occupancy of 300 or more persons shall not be permitted within the RB zoning district.Rural n„ffo.land, GI000ifi.atig-R as,deSi Rate d by the adopted f'em FeheRsiye Plan as o.+of a Gee difiAR.al 7nninn Diof.i Gt application- (B) Standards for all Residential Zoning Districts (1) Unless otherwise denoted within this section,assembly land uses shall observe the following minimum setbacks: TABLE 5.18.11A ASSEMBLY SETBACK STANDARDS IN RESIDENTIAL DISTRICTS 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 indoors. 5.18.2 Community Center (A) Submittal Requirements and Standards of Evaluation for Glass R Special Use Permit or Conditional Districts (1) Submittal Requirements 112 Clarify that the standards in this section apply to all types of"Assembly Uses"in the Table of Permitted Uses. Orange County,North Carolina-Unified Development Ordinance Page 5-125 243 Article 5: Uses Section 5.18:Standards for Assembly Uses In addition to the information required by Section 2.7,the following information shall be supplied as part of the application for approval of this use: (a) A description of the exact type of facility planned,the size of the building, the number of participants;a signed statement from the owners or operators that the facility will be operated by a non-profit organization. (b) A site plan showing the location of the existing and proposed buildings, access points,parking,service areas,and outdoor recreation areas. (c) Building plans for all existing or proposed structures. (d) Landscape plan,at the same scale as the site plan,showing existing or proposed trees,shrubs,ground cover and any other landscape materials. (2) Standards of Evaluation (a) Lot size shall be adequate for the method of sewage disposal,and for the other improvements proposed or required. (b) The site plan shall show the boundaries of the site,the distances to the nearest residential structures,access points,parking areas,service area, location of proposed existing buildings. (c) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties,in addition,to proposed or existing trees,shrubs,and ground cover. (d) Elevations of buildings should show that the buildings preserve the residential character of the area. 5.18.3 Museum (A) Standards of Evaluation for Class Special Use Permit or AS€47Conditional Zoning Districts (1) Within the AR and RB Zoning District^•' ;;nd"st,^''66'f'Gat',,, as de..,,.foa; a museum shall be limited to a Rural Heritage Museum. (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. (3) The maximum building size in an AR or RB zoning district shall be 5,000 square feet. 5.18.4 Retreat Center (A) Submittal Requirements and Standards of Evaluation for Class Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7,the following shall be submitted as part of the application: (a) A site plan prepared in accordance with Section 2.5,also showing the following(existing or proposed): (i) Buildings, Orange County,North Carolina—Unified Development Ordinance Page 5-126 244 Article 5: Uses Section 5.18:Standards for Assembly Uses (ii) Storage areas, (iii) Fencing and gates, (iv) Outdoor recreation areas (v) Access road(s)to the site,as well as on site roads,with an indication of type of proposed surface. (vi) Distances to the nearest residential structure. (b) A description of the type of facility planned,the size,capacity,and use of proposed buildings;a signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property.The statement shall also include a complete list of all recreational activities that will take place on the site. (c) A phasing plan,when necessary,indicating the area to be developed in each phase with time periods for construction of each phase.This may be indicated on the site plan. (2) Standards of Evaluation (a) Unless public sewer is proposed to be extended,the adequacy for the method of sewage disposal will be determined by the lot size and soil suitability.Appropriate letters from the Orange County Environmental Health Department,local jurisdictions and/or the State Division of Environmental Management shall be submitted to indicate preliminary approval. (b) The landscape plan shall show how the facilities will be screened from the adjacent properties.A minimum 30 foot Type B buffer,as indicated in Section 6.8 shall be observed around the perimeter of the property. (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. (d) Off street parking requirements shall be provided in accordance with Section 6.9 of this Ordinance. 5.18.5 Rural Special Events (A) General Standards for Evaluation or Aco_r-7.....on_rZ Zoning Dist tsfor All Zoning Districts (1) Must be located on a bona fide farm. (2) In addition to the requirements in Section 2.5 or 2.9,as applicable,the following information shall be submitted with the application materials: (a) Description of special events to be held on-site,including frequency of events,hours of operation,anticipated attendance,and any other pertinent details. (b) Location of parking area(s). (c) A map depicting surrounding uses and the distance to residential structures. (3) The temporary or seasonal commercial activities that comprise the special event must pertain to agricultural or rural-related activities. (4) If located adjacent to residentially zoned property,all structures,facilities,storage areas,and parking areas shall be setback a minimum of 100 feet from all property lines. Orange County,North Carolina—Unified Development Ordinance Page 5-127 245 Article 5: Uses Section 1.1:Standards for Government Uses (5) Events permitted by right in the AR, RB,and AS zoning districts shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. Events exceeding these limits must be approved as an ASE-SZ-CD ASE-RB-Cd,-Gr-MPD-SZCD,or MPD-RB-CD. (6) Loudspeakers and public address systems shall not be used before 7 a.m.or after 7 p.m.if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit or conditions of approval,as applicable. (7) Special events shall cease no later than 9 p.m.on Sunday through Thursday or 11 p.m.on Friday and Saturday,unless approved otherwise in the permit or conditions of approval,as applicable. (8) Food services are not allowed unless approved in the permit or conditions of approval,as applicable. (9) Documentation shall be submitted from the Fire Marshal and Building Inspections Department stating that all areas open to the public meet state regulations. 5.18.6 Theater (A) Use Standards 0) Drive in Theaters shall not be-perk_.;;'fitted as a Conditional Use District.Refer to (B)LALStandards 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, 5.19.1 Government Uses rAiA) Use Standards 0) Military stallations shall not be permitted;;.,-;a G Pnelitinnal Use Refer to Section 5.1.3 of this Ordinance. STANDARDS FOR OFFICE SERVICE USES r2n 15.19.1 Office and Financial Service Uses (A) Use Standards (1) Specific Standards for the LC-1, NC-2,EC-5,EDHA,and EDH-2 Zoning Districts (a) Uses shall be limited to 15,000 sq.ft.of building area. (b) No outdoor storage of equipment or materials shall be permitted. (c) Drive-thru facilities are prohibited, (2) Specific Standards for EDBA and EDE-1 Zoning Districts (a) Uses shall be limited to 30,000 sq.ft.of building area. (b) No outdoor storage of equipment or materials shall be permitted. Orange County,North Carolina—Unified Development Ordinance Page 5-128 246 Article 5: Uses Section 5.20:Standards for Retail Uses 5 20 25.19.2 Building/Trade Contractors Office with Equipment Storage Yard (A) Use Standards in GC-4 Zoning District134 (1) Equipment storage yards shall be: (a) Setback a minimum of 50 ft.from all property lines. (b) Enclosed by a minimum 6 ft. high fence. (c) Screened along all sides with a Type A Land Use Buffer as detailed in Section 6.8 of this Ordinance. 5 20 35.19.3 Research Facility Without Manufacturing (A) Use Stanclarch; f''0) Use?hall Rot be permitted as 2 r ate,+ �iZGRiRgz;stti^f.Refer to Seth,n 5 1 2 of tha,;Ordan;;nne MLLStandards for the NC-2 Zoning District (1) Uses shall be limited to 12,000 sq.ft.of building area. (-r—)LBLStandards 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 Without Manufacturing and shall adhere to the standards of Section 5.15 �5.19.3(B)(2): (a) Financial Services (b) Service land uses limited to Beauty&Barber Shops, Laundry and Dry Cleaning Services (c) Eating and Drinking Establishments limited to Nightclubs, Bars, Pubs, Restaurants Carry Out and General (d) Retail, limited to 12,000 sq.ft.of building area- (e) Manufacturing,Assembly, Processing,and Distribution Uses—Other, limited to Printing&Lithography (2) Multiple Uses,identified in Section 5.15.2(4;B)(1),are permitted only in accordance with the following standards: (a) The site plan 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. STANDARDS RETAIL 5.21.1-5.20.1 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. (b) No outdoor sales/displays shall be permitted. 134 The Table of Permitted Uses indicates use standards apply only in the GC-4 district. Since the use is also permitted by right in certain Industrial districts,language should be added here to provide clarity as to intent. Orange County,North Carolina—Unified Development Ordinance Page 5-129 247 Article 5: Uses Section 5.20:Standards for Retail Uses (2) Specific Standards for the CC-3 Zoning District (a) Uses shall be limited to 24,000 sq.ft.of building area. (b) Outdoor sales/displays shall be permitted subject to the following: (i) No more than 20%of the property area shall be utilized to support outdoor sales/displays. (ii) Displays shall not be located within any required parking,septic disposal,or land use buffer area on the property. (iii) Displays shall not block entrances and exists to the structure. (3) Outdoor sales/displays shall be allowed in other districts subject to the following: (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. 521 25.20.2 Country Store (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-SZCD. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study,for facilities expected to use more groundwater on an annual basis than an average single family residence(which uses 240 gallons of water per day)built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel(which could yield 3 residences),the proposed use(s)may use three times the water used by an average single family residence(or 720 gallons per day,on an annualized basis)before a comprehensive groundwater study is required.The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily,weekly, monthly, and annual basis by regulated uses located on the parcel(e.g.,water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity;and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. Orange County,North Carolina—Unified Development Ordinance Page 5-130 248 Article 5: Uses Section 5.21:Standards for Miscellaneous Uses STANDARDS FOR MISCELLANEOUS 5.22.15.21.1 Major Subdivision (A) Standards for Class A Special Use Perm i.Conditional Districts (1) Submittal Requirements In addition to the information required in Section 2.79,the following shall be submitted as part of the application: (a) N(Af'Gat.,p Stamped envelopes addressed to each owner of property within 500 feet of then erty n ed fer c ubdiyisien names and addresses of property n c shall he based on then rr ent listing a shewn in the Orange GG nt i Land R8GGr.dc system.135 (OLq Development Schedule A statement,from the applicant,indicating the anticipated development schedule for the build out of the project. {c-W 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. (c4(c) 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. 135 Redundant language as Section 2.9 already requires this. Orange County,North Carolina-Unified Development Ordinance Page 5-131 249 Article 5: Uses Section 5.21:Standards for Miscellaneous Uses (e)(d) 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)(e) Pedestrian/Bicycle Plan (i) If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan,a plan for sidewalks or pedestrian/bike lanes as part of the public roads using,where appropriate,alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. (ii) For proposals not located in a Ttransition Aarea an off-road, pedestrian plan shall be submitted. {g)(f) Landscape Plan Details A landscape and tree preservation plan that shows the following: (i) The proposed locations,and types of,plantings, (ii) The existing natural landscape with existing topography, (iii) The width of roadside and perimeter buffers to be left undisturbed, (iv) The open space(proposed undisturbed and proposed improved) as well as type of ownership. (2) Additional Submittal Requirements-For all applications of over 40 lots (a) Solid Waste The location within the subdivision of a solid waste convenience center(s)intended to serve the subdivision and,where appropriate,the area in which the subdivision is located. (b) Biological Inventory (i) A biological inventory which identifies the following: a. Habitat diversity, b. Species diversity, C. Species of special concern such as those designated as threatened or endangered, d. Last known sighting, e. Candidate species likely to be present which may warrant protection, f. Specimen trees outstanding in size and/or species,and g. The status and source of the information compiled in the inventory. (ii) The biological inventory shall be accompanied by an analysis describing the following: a. Habitat integrity, b. Relationships between habitats and to ecological communities offsite, C. Any existing threats to flora and fauna and d. Potential for habitat enhancement. (c) Environmental Mitigation Orange County,North Carolina—Unified Development Ordinance Page 5-132 250 Article 5: Uses Section 5.21:Standards for Miscellaneous Uses A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or other buildings and structures associated with the subdivision.The mitigation plan shall include the following: (i) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; (ii) A specific statement of the goals and objectives,i.e.,exactly what steps will be taken to compensate for lost habitat,etc.; (iii) Detailed descriptions in the form of grading plans,construction plans,and planting plans to illustrate how the objectives will be carried out; (iv) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance,a schedule for each,and how results will be reported to the Planning and Inspections Department; (v) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion,alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established;and (vi) A financial guarantee is required for the total cost of the mitigation project.Once the installation is complete,30%of the amount of the letter of credit or escrow will be held for 12 months or until the site is established,whichever is greater. (d) Traffic Study (i) A traffic impact study is required with all applications for the following: a. Subdivisions with more than 40 lots outside of tTransition aAreas,and b. Subdivisions with more than 80 lots within tTransition aAreas. (ii) The study shall include an analysis of the need for public road improvements,including pedestrian-oriented enhancements,for on-site and off-site improvements as said improvements relate to the level of service impacted by the development. (iii) The traffic impact study shall be prepared in accordance with the requirements of Section 6.17. (3) Standards of Evaluation (a) The project meets all applicable design standards and other requirements of this Ordinance. (b) The project meets all service provision criteria as set forth below: (i) Fire—identifies the primary and secondary responders and the source(s)of water. (ii) Police—identifies the primary and secondary responders. (iii) Rescue services—identifies the primary and secondary responders. Orange County,North Carolina—Unified Development Ordinance Page 5-133 251 Article 5: Uses Section 5.21:Standards for Miscellaneous Uses (iv) Water Supply—source and capacity of water supply. (v) Wastewater Treatment Methods—provider and capacity of wastewater treatment source. (c) Habitats shall be identified and evaluated in the biological inventory required by Section 5 17 65.21.1(A)(2)(b)and are subject to the following: (i) An undisturbed buffer is required around the boundary of habitats of rare,threatened,or endangered species as shown on the biological inventory.Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and County staff; (ii) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction.Examples include: a. Preserving,planting,and maintaining a variety of native vegetation(also dead trees and snags); b. Installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species;or C. Creating wetlands; (iii) Conservation easements or other acceptable means such as dedication to a public agency,or conservancy or a homeowner's association are required to protect wetlands and other habitats while insuring proper long-term maintenance;and (iv) Provide barriers or fencing,and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. (d) Landscaping and Buffers (i) Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Section 6.8 of the this Ordinance; (ii) Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan.A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; (iii) Corridors connecting habitats identified in the biological inventory shall be preserved along streams,buffers,or other wooded areas. If destroyed during construction,such connections shall be restored using appropriate plant materials; (iv) Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded for landscape mulch,composted, buried or otherwise disposed of BUT NOT BURNED. (v) Berms,fences and landscaping walls may be used with plant materials for screening,provided such features are designed and located in harmony with other site features and functions; (vi) To minimize visual impact by blending architecture into the surrounding landscape,foundation plantings are required at all freestanding entrance signs; Orange County,North Carolina—Unified Development Ordinance Page 5-134 252 Article 5: Uses Section 5.21: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. °2'.25.21.2 Specific Standards for Class A SpeGial Use cermitsConditional Districts Within Hillsborough EDD136 i .dditie to the, rei and S138GOfiG standards f9F all SpeGlal Use Permits the The following standards shall be addressed by the applicant before the issuaRGeof a Class A Spe ;,i Lee Per n#approval of a Conditional District within the Hillsborough Economic Development District: (A) General Provisions (1) This section establishes criteria pertaining to appearance in the design of a site, buildings and structures,landscaping,signs,and other miscellaneous features that are observed by the public. (2) Aesthetic criteria are not intended to restrict imagination,innovation,or variety, but rather to assist in focusing on design principles which result in creative solutions that will promote visual appearance within the city and county,preserve taxable values,and promote the public health,safety and welfare. (B) General Design Standards (1) Harmonious and efficient organization (a) The site plan shall be organized harmoniously and efficiently in relation to existing topography,the size and type of plot,the character of adjoining property,and the type and size of buildings. (b) The site will be developed to facilitate orderly development of surrounding property and with minimal disturbance to the natural environment. (2) Preservation of natural state (a) Desirable vegetation or other unique natural features shall be preserved in their natural state when practical. (b) The Environmental Protection Plan shall include the locations of all existing trees 12"diameter four feet above the ground. (3) Enhancement of residential privacy (a) The site plan shall provide reasonable visual,lighting, and sound privacy for all adjacent dwelling units. (4) Emergency access 136 This section was moved from Section 5.3.2(a section pertaining to Special Use Permits)because uses in the Hillsborough EDD that formerly required a Class A SUP are suggested to be processed through the Conditional District process.The automatic hierarchical numbering scheme has changed without being marked as a change, but is consistent with existing Section 5.3.2;proposed revisions to the text are indicated as changes. Orange County,North Carolina—Unified Development Ordinance Page 5-136 253 Article 5: Uses Section 5.21:Standards for Miscellaneous Uses (a) Structures and other site features shall be arranged to permit practical emergency vehicle access to all sides of buildings. (5) Access to public ways (a) Every structure and dwelling unit shall have access to a public street, walkway or other area dedicated to common use. (6) Non-motorized circulation (a) A non-motorized circulation system shall be provided which is direct, efficient,and pleasant. (b) The system shall be complementary to, but independent of the vehicular circulation system. (7) Design of access and egress drives (a) The location,size,and numbers of ingress and egress drives to a site will be strictly limited to minimize the negative impacts on public streets and on adjacent property. This shall include formal entryways and access to outparcels from inside the development only. (8) Coordination with off-site circulation systems (a) The arrangement of rights-of-way or easements for circulation shall coordinate with the pattern of existing and planned streets,pedestrian and/or bicycle pathways and transit routes in the area. (b) Connection to adjacent properties is encouraged where possible. (9) Stormwater control (a) Protective measures shall ensure that removal of stormwater runoff will not adversely affect neighboring properties or the public storm drainage system. (b) Provisions shall be made for construction of stormwater facilities including grading,gutters,and piping to direct stormwater and prevent erosion. (c) Surface water on all paved areas shall be collected at intervals that do not obstruct vehicular or pedestrian traffic. (10) Exterior lighting (a) The location,type,size and direction of exterior lighting shall not cause glare or direct illumination that interferes with adjacent properties or safety of public rights-of-way. (11) Protection of property values (a) Elements of a site plan shall be arranged to have minimum negative impact on values of adjoining property and other on-site uses. (C) Specific Standards (1) Unless otherwise indicated herein,the relevant standards for the specific Economic Development Zoning Districts shall apply. (2) Where actions,designs,or solutions proposed by the applicant are not literally in accord with the applicable regulations of this Ordinance,but the Board of County Commissioners makes a f nding OR the paFti^, laF Gasedetermines that public purposes are satisfied to an equivalent or greater degree,the Board of County Commissioners may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the appreved permitconditions of approval. (3) Relationship of buildings to site Orange County,North Carolina—Unified Development Ordinance Page 5-137 254 Article 5: Uses Section 5.21:Standards for Miscellaneous Uses Landscape elements included in these criteria consist of all forms of planting and vegetation,ground forms,rock groupings,water patterns,and all visible construction except buildings and utility structures. New and existing vegetation shall be maintained in a flourishing manner. (a) Natural or existing topographic patterns contributing to the beauty and utility of a development shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance and does not adversely affect significant natural features and drainageways. (b) Grades of walks,parking spaces,terraces,and other paved areas shall provide an inviting and stable appearance. (c) Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important visual corridors,and provide shade. (d) Unity of design shall be achieved by repetition of certain plan varieties and other materials and by correlation with adjacent developments. (e) Plant material shall be selected for its structure,texture,and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the design,and of good appearance can be allowed. (f) Appropriate curbs,tree guards or other devices shall be employed to protect plants susceptible to injury by pedestrian or motor traffic. (g) Parking areas and trafficways shall be enhanced with landscaped spaces containing trees or tree groupings. (h) Service yards and other unsightly places shall be screened by use of walls,fencing and/or planting. (7) Signs (a) Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings. A unified signage plan shall be submitted and approved with the Special Use P--ermitConditional District. (b) Every sign shall be designed as an integral architectural element of the building and the site to which it principally relates. (c) The colors,materials and lighting of every sign shall be harmonious with the building and site to which it principally relates. (d) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the total area of the sign face. (e) Freestanding signs shall not be pole-mounted. (8) Maintenance,planning and design factors (a) Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect,damage,and abuse. (b) Provisions for cleaning buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to accumulate debris and dirt shall be avoided. Orange County,North Carolina—Unified Development Ordinance Page 5-139 255 ARTICLE 6: DEVELOPMENT STANDARDS SECTION 6.1: .A- . 6.1.1 Establishment of Dimensional Requirements The required minimum lot size, minimum lot width, required front,side and rear setbacks, maximum building height and maximum lot coverage and permitted intensity of development for each of the general)conventional districts shall be as shown in this Article and Article 3 of this Ordinance. 6.1.2 Town of Chapel Hill Land Development Standards The regulations governing minimum lot size,minimum lot width,required yard setbacks, maximum building height and other dimensional requirements controlling the permitted intensity of development as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. 6.1.3 Town of Carrboro Land Development Standards The regulations governing minimum lot size,minimum lot width,required yard setbacks, maximum building height and other dimensional requirements controlling the permitted intensity of development as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. Split jurmsdoctoGn QGV8FRFRent the Ienal n entc m with the..mitten n ent of the la...de...ner . exclusive planninq and development'urisdiction for the entire parcel to anv one -of those lo governments, n accordance with the intent enl. -,'e�Gr vhed in A CGS 1600-203 SECTION 6.2: LOT& BUILDING STANDARDS 6.2.1 Regulations Encumbering Land Required to Satisfy Regulations No portion of a lot, used in connection with an existing or proposed building,structure or use,and necessary for compliance with the dimensional regulations of this Ordinance shall,through sale or otherwise, be used again as part of the lot required in connection with any other building, structure or use. 6.2.2 Modifications of Dimensional Requirements Except as provided in this Ordinance,all structures shall conform to the dimensional requirements established in Article 3 of this Ordinance. ..ls s..C+h.. ir.dieti.... Staff is not ..Iline eut the e)(aet Iffecess on the I DO on Ease the s .I......u....e weFe te..h........ .d ham....+..F..rm,Il..adept r..r..lu+:....r....ar.di....the..l-.....i....:ur:r.die+i....for the..ar....1/r1 i....u..r+i....a...d+h ffe ed Orange County,North Carolina—Unified Development Ordinance Page 6-1 256 Article 6: Development Standards Section 6.2:Lot&Building Standards (A) Height Limitations (1) Within any zoning district the height of a building may exceed the maximum building height established in Article 3 provided that one foot additional front, rear,and side setbacks are provided for every two feet of additional height. Regardless of additional setbacks provided, in no case shall a building's height exceed 75-feet unless modified as per(2)below. (2) The height limits of this Ordinance may be modified upon appeal to the Board of Adjustment in accordance with Section 2.10 of this Ordinance. The Board,when approving an application for modification of the height limitation,may affix to that approval reasonable conditions to protect the public health,safety and general welfare. (B) Flexible Developments (1) Minimum lot area,lot width,and setback requirements as specified in Article 3 of this Ordinance may be reduced for lots created as part of a Flexible Development subdivision as provided in Section 7.13 of this Ordinance. (C) Flag Lots (1) Flag lots as defined in Article 10 are accommodated for as provided in Section 7.7 of this Ordinance. (D) Reuse of Existing Farm Buildings within the Rural Buffer Zoning District (1) Setback requirements may be lessened through the appropriate permitting process for agricultural support enterprise uses that reuse farm buildings in existence as of May 5,2015 that are currently located within the required setback area. (a) This provision applies to agricultural support enterprise uses currently zoned RB. (b) The setback width shall not be lessened to a distance less than the setback required in the RB gem' �econventional zoning district. (c) For purposes of this subsection,agricultural support enterprise uses shall be defined as those permitted in the ASE-CZ-CD zoning district,as detailed within Section 5.2-.a-138of this Ordinance. 6.2.3 Clustering (A) UNIV-CA&UNIV—PW Watershed Protection Overlay Districts (1) Clustering of residential lots is permitted in accordance with Section 7.12 of this Ordinance. (2) Each lot shall contain a minimum of one acre. (B) All Other Overlay Districts Clustering of residential lots is permitted in accordance with Section 7.13 of this Ordinance. 6.2.4 Irregular Lots Any irregular lot of record at the time these regulations became effective may be subdivided in compliance with applicable subdivision regulations and improvement requirements,to create additional regular lots,provided that such lots meet all requirements of the district and that no residual substandard lots remain as a result of such action. 138 Old section reference that should have been changed with 2019 amendments. Orange County,North Carolina—Unified Development Ordinance Page 6-2 257 Article 6: Development Standards Section 6.2:Lot&Building Standards 6.2.5 Principal Uses There shall be no more than one principal use on any zoning lot except where: (A) Permitted as a CU District or CZConditional-District;or (B) The parcel is located within an Economic Development District,Commercial Transition Activity Node, Commercial-Industrial Transition Activity Node, Rural Neighborhood Activity Node,or Rural Community Activity Node,as designated by the Comprehensive Plan;or (C) The parcel is less than 2 acres in size,and non-residential multiple uses are proposed within a single principal structure;or (D) One of the uses is an unstaffed telecommunications tower subject to a year-to-year or other short term lease;or (E) The use(s)is/ore marker-yioth Ain the Table of Permitted I Ices(Cention G 7 1)aR s/are located on a bona fide The use is allewedlocated on a bona fide farm,and is in accordance with the use-specific standards in Article 5 which allow for more than one principal use in such cases.' 6.2.6 Principal Structures (A) Residential (1) There shall be no more than one principal structure permitted on any residential zoning lot,with the exception of the following: (a) Multi-family developments which have received approval as a SIB Dlstrint eKS7Conditional District,or (b) Temporary use of mobile homes for custodial care approved in accordance with the provisions of Section 5.4.4(B),or (c) During the installation or construction of a permanent unit on the same lot,as provided in Section 5.4.4 of this Ordinance,or (d) Duplexes,on lots that have twice the required lot area of the zoning district. (B) Non-Residential (1) There shall be no more than one principal structure permitted by right on any non-residential zoning lot greater than two acres in size,unless: (a) Permitted as a G I nistri..t or r-'Conditional District,or (b) The zoning lot is located within an Economic Development District, Commercial Transition Activity Node,Commercial-Industrial Transition Activity Node, Rural Neighborhood Activity Node,or Rural Community Activity Node,as designated by the Comprehensive Plan;or (c) The stF61GtYre/s\is/ore loroted A_.n A heno fide form And is/ore utilizer!for se(s)that is/ore.Worker',.dth Ain the Table of Permitted Uses(Section The use is allewedlocated on a bona fide farm,and is in accordance with the use-specific standards in Article 5 which allow for more than one principal use in such cases.- 139 When the table of permitted uses was updated in 2019,the way these uses were handled in Article 5 was changed. This subsection should have been revised in 2019 but was not. 140 When the table of permitted uses was updated in 2019,the way these uses were handled in Article 5 was changed. This subsection should have been revised in 2019 but was not. Orange County,North Carolina—Unified Development Ordinance Page 6-3 258 Article 6: Development Standards Section 6.2:Lot&Building Standards 6.2.7 Corner Lot Setback on the Side Street Any corner lot of record in a residential zoning district abutting a side street shall meet the minimum required setbacks of the zoning district in which it is located;provided, however,that this requirement does not reduce the width of area suitable for building to less than 25 feet. Figure 6.2.7:Corner Lot Setbacks on Side Street ❑ Buildable Area Front Yard Setback Side Yard Se[back 6 � a Ln Fw-t Yard Srback Side Street 6.2.8 Additional Setbacks Required in for Non-Residential Lots Abutting Residential Zoning Districts In all non-residential zoning districts,except 1-1, 1-2, 1-3,and El,required side and rear setbacks adjacent to residentially zoned land,shall be equal to the required side or rear setback of the adjacent residential district. 6.2.9 Permitted Projections Into Required Open Space L41 (A) Certain architectural features,such as cornices,eaves and gutters, may project into the required open space as follows: (1) Three feet into required front open space, (2) One foot into the required rear open space,and (3) One foot into required side open space. (B) An unenclosed balcony or porch,fire escape,or metal awning may project into the required open spaces as follows: (1) A distance not to exceed five feet into the required front or rear open space,or (2) A distance not to exceed three feet into the required side open space (C) A porch which is screen or glass enclosed shall be considered an enclosed porch (D) An enclosed vestibule,containing not more than 40 square feet,may project into the required front open space for a distance not to exceed four feet. 141 As noted in Article 3,a future study should analyze the continued need for the ratio requirements. This section is part of the ratios and,if the ratios are retained,the language is this section should be modernized since'open space"means something different to many people(and in other sections of the UDO),than it is used here and in the ratios. Orange County,North Carolina—Unified Development Ordinance Page 6-4 259 Article 6: Development Standards Section 6.2:Lot&Building Standards 6.2.10 Visibility at Intersections On a corner lot nothing shall be erected, placed, planted or allowed to grown in such a manner as to materially block vision between a height of three and ten feet above the center line grades of the intersecting streets in the area inscribed by triangles formed by connecting the point ten feet from the corner of right-of-way along the street with lesser traffic volume and 70 feet from the corner of right-of-way along the street of higher traffic volume(see Figure 6.2.10)unless otherwise required by the NCDOT. The area of the sight visibility triangle shall be included in the dedicated right-of-way. Setbacks shall be measured from the edge of right-of-way defined by the triangle. Figure 6.2.10 Sight Visibility Triangle Right-of-Way Road Center Line Right-of-Way 70' 10' 10, 70' 10' 10' 70' 70' Right-of-Way 6.2.11 Open Space and Building Spacing For Attached Residential, Multi-Family Residential,and Lodging Units'42 (A) Purpose and Intent Yards,courtyards,and other open space required herein in relation to structures or portions of structures containing dwelling or lodging units are intended to perform a variety of functions,including the following: (1) Ensuring adequate privacy,desirable outlook,natural light and ventilation; (2) Providing access to and around buildings,off-street parking and loading space and service areas; (3) Preserving space for landscaping; (4) Maintaining spacing between buildings and portions of building for reducing potential adverse effects of noise,odor,glare,or hazards from fire;and (5) Providing recreation space near buildings. (B) Location of Required Yards and Courtyards 142 A future study should include consideration of modernizing the language in this section. Orange County,North Carolina—Unified Development Ordinance Page 6-5 260 Article 6: Development Standards Section 6.3:Land Use Intensity Measures142F or radially to curved walls. (b) Distance to all points shall be at least equal to minimum requirements set forth herein,except as provided as Section 6.2.8. (E) Minimum Open Space Requirements Adjacent to Walls JIM,LTAEBLE 6.2.1 1.E:MINIMUM OPEN SPACE REQUIREM:jm ADJACENT TO WALLS portionsMinimum distance from walls to lot lines or building site lines for buildings or containing quarters shall be computed as follows where D is depth in feet,L is length in feet,and S is height in stories: Primary Walls D=6+25+L/10 Secondary Walls D=2+S+L/10 Tertiary Walls Only as required for fixed,ground-level yards,or as required for fire protection by building or other applicable codes. (F) Special Requirements and Modifications for Courtyards (1) Outer Courtyards (a) For outer courtyards bound on three sides by building walls or potential walls,the width shall not be less than the sum of the required yard distances measured from opposing walls. (b) Where depth of a courtyard is less than half the width,the minimum width required shall be reduced 25%. (c) Depth of a courtyard shall not be greater than one and one-half times width. (d) Where walls are not parallel to property or building site lines,the nearest portion to such lines shall be at least the required minimum distance therefrom. (2) Inner Courtyards (a) Inner courtyards formed on four sides by building walls or potential building walls shall have a minimum dimension equal to the sum of the required yards but not less than ten feet and area shall not be less than 150 square feet for two stories or more. (b) Except in cases of inner courtyards,atriums,or enclosed patios for single dwelling units,an unobstructed passageway shall be provided at the lowest level of each inner courtyard with a cross-section not less than four feet wide by seven feet high. Such passageway shall be continuous from the inner courtyard to unobstructed open space adjacent to the building,and shall be so aligned as to facilitate passage of non-vehicular fire fighting equipment including ladders. (c) Inner courtyard design shall permit use of fire ladders. SECTION 6.3.1 Applicability (A) In accordance with Article 3 of this Ordinance,the standards established in this Section shall be applicable to those districts and uses subject to the Land Use Intensity system. 143 This section enumerates the ratio requirements of the zoning district charts in Article 3. As noted in Article 3,a future study should analyze the continued need for the ratio requirements and the modernization of the language used in this section. Orange County,North Carolina—Unified Development Ordinance Page 6-8 261 Article 6: Development Standards Section 6.4:Performance Standards SECTION • ' D• 'D 6.4.1 Applicability (A) After the effective date of this Ordinance,any use established or changed to,and any building structure,or land developed,constructed or used for,any permitted principal use;or special use, or conditional use,shall comply with all of the performance standards herein set forth for the district involved. (B) The performance standards contained herein shall apply in commercial,industrial, economic development,and conditional districts. (C) If any existing use or building or other structure is extended,enlarged,or reconstructed, the performance standards for the district involved shall apply with respect to such extended,enlarged,or reconstructed portion or portions of such use, building,or other structure. (D) Within 24 months of the effective date of this Ordinance,all presently existing uses of lands,buildings or other structures shall comply with the performance standards as herein set forth for the district subject to performance standards. 6.4.2 Electrical Disturbance or Interference (A) Commercial,Industrial,and Conditional Zoning Districts No Permitted Use,Special Use, Conditional UseAccessory Use shall: (1) Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance;or (2) Otherwise cause,create,or contribute to the interference with electronic signals (including television,and radio broadcasting transmissions)to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. (B) Economic Development Zoning Districts (1) No use,activity or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health,safety,and general welfare or interferes with the operation,equipment,or radio,television and/or telephone reception,beyond the boundaries of the lot on which the activity is conducted. (2) All establishments conducting uses,activities or processes which generate electric and/or magnetic fields are expected to comply with applicable Federal Communications Commission(FCC)regulations.Copies of all required FCC permits,including any conditions for reporting and monitoring,must be submitted with the comprehensive site development plan. (3) In the Hillsborough Economic Development District, residential development shall be discouraged near high voltage transmission lines. 6.4.3 Noise (A) General Standards (1) Sound levels shall be measured with an A-weighted filter,constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches. (2) All measurements shall be expressed in dB(A)to reflect the use of this A- weighted filter. (3) Impact Noises Orange County,North Carolina—Unified Development Ordinance Page 6-10 262 Article 6: Development Standards Section 6.4:Performance Standards (a) Impact noises are sounds that occur intermittently rather than continuously. (b) Impact noises generated by sources that do not operate more than one minute in any one hour period are permissible up to a level of 10dbA in excess of the figures listed in Table 6.4.3.13.This exception shall not apply from 7:00 pm to 7:00 am when the adjacent lot is used or zoned for residential purposes. (c) The impact noise shall be measured using the fast response of the sound level meter. (4) Noise levels resulting from temporary construction or other temporary activity that occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of this subsection. (5) Noise levels for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (13) Commercial,Industrial,and Conditional Zoning Districts (1) Within the LC-1,O/RM,El,or 1-1 district,no permitted Principal Use,Special Use or Accessory Use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by that use. (2) The following table establishes the maximum permissible noise levels for permitted uses,special uses,Viand accessory uses in the NC-2, CC-3,GC-4,EC-5,AS, 1-2, 1-3,and GZ—CD districts: ABLE 6.4.3.13:COMMERCIAL,INDUSTRIAL,AND CONDITIONAL CONDITIONALMAXIMUM PERMITTED SOUND LEVELS EM ZONING OF ADJACENT NOISE LEVEL LIMITS[DBA]FOR GENERATING LAND LOT OR TYPE OF USE ZONING OF DEVELOPMENT SITE USE IF OR"OTHER"DISTRICT 7:00 PM TO 7:00 AM 7:00 AM TO 7:00 PM 1-2 Ill 50 60 Residential CC-3,GC-4,EC-5, 1-3,AS,SZ-Conditional 50 60 Districts 2 NC-2,1-2 1 60 65 Commercial CC-3,GC-4,EC-5, 1-3,AS,CZ-Conditional 65 70 Districts 2 NC-2,1-2 1 65 70 Industrial CC-3,GC-4,EC-5, I-3,AS,GZ-Conditional 70 75 Districts[2] NOTES: [1]Measurements shall be taken at the boundary line of the zoning lot. [21 Measurements shall be taken at the boundary line of the zoning district. (C) Economic Development Zoning Districts (1) Maximum Permitted Sound Levels ECONOMIC DEVELOPMENTZONING �WT MAXIMUM PERMITTED SOUND LEVELS Orange County,North Carolina-Unified Development Ordinance Page 6-11 263 Article 6: Development Standards Section 6.4:Performance Standards (6) Vibration levels for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (13) Commercial,Industrial,and Conditional Districts (1) No permitted Principal Use,Special Use or Accessory Use in I-C-1,O/RM,El,or 1-1 districts may generate transmitted vibration that is perceptible to the human sense of touch,measured at the outside boundary of the structure occupied by the use generating the vibration. (2) No permitted Principal Use,Special Use,Conditional I Ise or Accessory Use in the NC-2,CC-3,GC-4, EC-5, 1-2, 1-3,and AS,and Conditional DistrictsdistfiEtS may generate any ground transmitted vibration in excess of the limits set forth in the following table: TABLE 6.4.4.B:COMMERCIAL,INDUSTRIAL,AND CONDITIONAL i 99 PERMITTED GROUND-TRANSMITTED VIBRATION M, ZONING OF ADJACENT MAXIMUM PARTICLE VELOCITY FOR SECOND)LAND USE ZONING OF DEVELOPMENT SITE GENERATING LAND USE(INCHES PER NC-2&1-2[1] 0.02 Residential CC-3,GC-4,EC-5,1-3,AS,& Conditional Districts 2 0.20 NC-2&1-2[1] 0.10 Non-residential CC-3,GC-4,EC-5,1-3,AS,& Conditional Districts 2 0.20 NOTES: [1]Measurements taken at the boundaries of the zoning district lot containing the use generating the vibrations. [2]Measurements taken at the zoning district boundaries (C) Economic Development Zoning Districts (1) Maximum Permitted Ground Transmitted Vibration EX:VIRR E f.4.4.C:MAXIMUM PERMITTEI GaRlYN Y-TRANS74 ITT ATI t IL� RECEIVING LAND USE MAXIMUM PARTICLE VELOCITY FOR GENERATING LAND USE(INCHES PER SECOND) Residential development 0.02 Non-residential development 0.10 (2) Mitigation (a) Design features used to mitigate vibration must be clearly identified on the site plan. (b) Applicants must provide documentation of the source and level of vibration,and the specific manner in which the design feature will reduce vibration to acceptable levels. 6.4.5 Air Pollution (A) General Standards Orange County,North Carolina—Unified Development Ordinance Page 6-13 264 Article 6: Development Standards Section 6.4:Performance Standards (1) Any Permitted Principal Use,Special Use,or Accessory Use,or Conditional I that emits any"air contaminant',as defined in G.S. 143-213,shall comply with applicable State of North Carolina standards concerning air pollution,as set forth in Article 21 B of Chapter 143 of the North Carolina General Statutes. (2) No zoning compliance permit or building permit shall be issued with respect to any development covered by Subsection(1)until the State Division of Environmental Management has certified to the Planning Director that the appropriate State permits have been received by the applicant(as provided in G.S. 143-215.108)or that the applicant will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution control regulations. 6.4.6 Disposal of Liquid Wastes (A) No permitted use in any district shall discharge any waste contrary to the provisions of N.C.G.S. 130A(Provisions for Sanitary Sewage Disposal). (B) No Permitted Principal Use,Special Use,or Accessory Use,eF GGRditiGRal I in any district shall discharge into the OWASA, Durham or Hillsborough sewage treatment facilities any waste that cannot be adequately treated by biological means. 6.4.7 Hazardous Materials (A) General Standards Each permitted use,special use,and accessory use, and conditional use is required to comply with all applicable federal,state,and local rules and regulations governing the storage, use,and disposal of hazardous materials. (B) Additional Standards in Economic Development Districts (1) Each site plan must be accompanied by a Hazardous Materials Management Plan(HMMP)consisting of the following information: (a) A Materials Safety Data Sheet(MSDS)which lists the specific hazardous substances that a facility is handling and details its known health impacts,physical properties,and appropriate protective measures. a separate MSDS form must be submitted for each hazardous substance handled. (b) A Tier Two form which indicates the precise location and quantity of hazardous materials within a plant or place of business. (c) Building and site plans which indicate the precise location and quantity of hazardous materials. (2) An Environmental Assessment will be required for any use or facility which qualifies as a small or large generator of hazardous waste as defined by the N.C. Department of Environment and Natural Resources. (3) Any use or facility which is involved in the long-term storage or disposal of hazardous wastes will be required to submit a full Environmental Impact Statement. (4) Documentation must be provided as part of the HMMP confirming the following: (a) That hazardous wastes are being sent to an approved hazardous waste recycling,storage,treatment or disposal facility, (b) That an EPAID number has been obtained, (c) That only authorized transporters are used,and (d) That on-site storage is limited to 180 days(or up to 270 days if the waste is to be transported more than 200 miles). Orange County,North Carolina—Unified Development Ordinance Page 6-14 265 Article 6: Development Standards Section 6.4:Performance Standards 6.4.8 Utilities (A) Economic Development Districts (1) Each permitted use,special use,and accessory use to be served by a public or private water or sewer system must be: (a) Designed,sized,and constructed to the standards of the utility provider; and (b) Assured of installation of such services at the time it is approved. (2) Each MPD-BCD Master Plan and site plan or NR-CD site plan must be accompanied by documentation from the utility provider that it has reviewed and approved: (a) Preliminary plans for the proposed water and/or sewer lines; (b) The adequacy of the existing system(s)to which the connections(s)will be made; (c) The capacity of the existing water and sewer treatment facilities; (d) The carrying capacity of the discharge stream or discharge point;and (e) The method of funding proposed extensions of water and sewer lines. (3) The approval by the utility provider must in the form of a resolution or other agreement adopted by its board of directors or governing board and must also contain a certification that service to the development project is authorized by any water management plan and discharge permit in effect at the time of approval. (4) Installation (a) The location and size of easements for water and/or sewer lines must be approved by and dedicated in the form of a deed of easement to the utility provider. (b) Where cuts in existing streets are made for water and/or sewer work,all cutting, backfilling,and paving shall be done in accordance with N.C. Department of Transportation and/or municipal specifications and procedures. (5) Water Use Limitations Because of the size or remaining excess capacity of treatment plants for some utility providers,uses which require large quantities of water for manufacturing and/or processing operations will require the review and approval of the Board of County Commissioners as a Condition;;' I Isp Digtr r or CZConditional-District in accordance with the following: (a) Applicants for approval of a comprehensive site development plan must submit documented data for the proposed use or a comparable facility which justifies the projected water consumption rates. (b) If the projected water consumption rates exceed 30,000 gallons per day, the applicant will be required to obtain development approval as a Conditional Use Dostr Gt or Conditional-District as established in this Ordinance. 6.4.9 Solid Waste (A) ""IR^,..r��,.'and Economic Development Districts, MPD-CD and—MPD-RB-CDand N R-GD Orange County,North Carolina—Unified Development Ordinance Page 6-15 266 Article 6: Development Standards Section 6.4:Performance Standards The following general provisions are applicable to MPD-CZ-CD and MPD-RB-CD,-and N-R-CD applications and each permitted use,special use,and accessory use—, and nondo+ ^^' c^in Economic Development Districts: (1) All uses and activities must provide secure,safe,and sanitary facilities for the storage and pickup of solid waste and recyclables. Such facilities must be convenient to collection and must be appropriate to the type and size of use or activity being served. (2) All solid waste and recyclables storage facilities must be screened in accordance with Sections 6.4 and 6.8.of this Ordinance. (3) All uses and activities must remove recyclable materials from the solid waste generated and make them available for recycling. Recyclable materials, consisting of glass, metal cans,plastic containers,corrugated cardboard and white office paper,newspapers,and motor oil,must not be mixed with or disposed of with other solid waste. (4) All uses and activities shall remove or cause to be removed all solid wastes from the site or property before harborage of such waste creates a health hazard. (5) Each Master Plan and site plan must be accompanied by a Solid Waste Management Plan, including a recycling plan and a plan for the management of construction and land clearing debris.The recycling plan must provide information regarding the type and quantity of recyclable materials generated each month,and the facilities to be provided for collection and storage. Management plans for construction and land clearing debris must identify the type and quantity of debris as well as its disposal location. 6.4.10 Service&Outdoor Storage (A) General Standards (1) Building service and loading areas must be conveniently located and accessible for normal service and maintenance needs,including the provision of adequate turning radii and parking areas for service vehicles.Such areas are to be located at the side or rear of the principal building(s),and designed so that all service and loading operations occur within the confines of the building site. (2) Outdoor storage shall be located only to the side and rear of a building. No outdoor storage is permitted to the front of a building. (3) If located adjacent to residentially zoned property,outside storage areas shall be screened from view of the residentially zoned property and shall be located a minimum of 100 feet from the property line. (B) Additional Standards in Economic Development Districts (1) Exterior storage for materials,supplies,and equipment may only be located at the side or rear of a building and only in totally enclosed screened areas.Exterior storage areas must never be located to the front of any building unless screened from view through the use of fencing,walls and/or landscaping,in accordance with Section 6.8 of this Ordinance. (2) Ground level mechanical equipment such as air conditioning equipment,satellite dishes,utility meters and boxes,and tower type antennas(15 feet or less in height)must be screened from view through the use of landscaping,walls and/or fencing. 6.4.11 Construction and Maintenance in Economic Development Districts The purpose of construction and maintenance criteria is to minimize the adverse impacts of construction related activities and to promote a uniform, neat,and clean appearance throughout the Economic Development Districts. Orange County,North Carolina—Unified Development Ordinance Page 6-16 267 Article 6: Development Standards Section 6.6:Additional Standards for Overlay Districts (a) On all corner lots,no vehicular openings shall be located closer than 60 feet from the point of intersection of the street right-of-way lines. (b) To manage access on Highway 70,corner lots may be required to provide ingress and/or egress from the adjacent street. (c) Entrances/exits shall not exceed 36 feet in width measured at the property line; however,in instances where parking lots serve tractor/trailer traffic,the driveway entrance/exit may be increased to 40 feet in width. (d) Exits for parking facilities containing more than 36 parking spaces shall contain holding lanes for left-turning and right-turning traffic unless the Planning Director determines that due to the physical features of a site, holding lanes would be unsafe and in accordance with established traffic mitigation standards,should not be required. (3) Multiple Curb Cut Requirements (a) A lot fronting on Highway 70 shall have a minimum of 600 feet of road frontage along the street before two curb cuts are allowed, unless the project meets one of the following criteria: (i) Any mixed-use development where two curb cuts are approved as part of a Special Use Perm+ r Conditional D strGt presGribedan approval by the Board of County Commissioners. (ii) Shared Access a. In instances where a non-residential land use is proposed next to another non-residential land use and each of the contiguous non-residential land uses will have direct frontage along Highway 70,then the County shall require shared driveway cuts for all such contiguous non-residential land uses. b. In the event that shared driveway cuts are required,then the owners of the contiguous parcels shall execute reciprocal easement agreements between the separate property owners and have the same recorded in the Office of the Orange County Register of Deeds prior to the issuance of a Zoning Compliance Permit. The easement agreement shall be sufficient to allow for the development of a service road to channel access from Highway 70 to each property. Figure 6.6.2.A.3 shows an example of the shared access. C. Non-residential developments that are not contiguous to other non-residential developments at the time they are approved shall be required to designate stub outs to adjoining properties on the site plan for the proposed development so that this shared access can be developed if and when the adjacent property is developed for non-residential purposes or in cases where an individual curb cut for a residential land use is deemed to be a traffic safety hazard by the County and NC DOT. d. Non-residential developments within the pre-defined commercial areas of the Highway 70 Corridor are required to develop shared access points as part of the site plan approval process for the project. Orange County,North Carolina—Unified Development Ordinance Page 6-22 268 Article 6: Development Standards Section 6.7:Additional Standards for MPD-CZDCD and MPB-RB-CD (5) Non-residential uses within Transition Areas,as designated by the Comprehensive Plan, may provide one break in the required buffer per lot adjacent to the interstate right-of-way in order to provide an on-site commercial sign and/or building visibility. The break shall constitute no more than 50%of the interstate highway frontage. SECTION 6.7: ADDITIONAL STANDARDS FOR MPD- 6.7.1 Master Plan (A) All applications for the MPD-SZ-CD and MPB-RB-CZ designation shall be prepared in accordance with Section 2.9 of this Ordinance and shall include a general development plan herein called the`Master Plan'. (B) The Master Plan shall be prepared by an appropriately licensed professional and shall include the following: (1) Map of the development site,including the following: (a) Overall acreage of the site, (b) Adjacent rights-of-ways, (c) Zoning designation and current use of adjacent properties,including those across rights-of-ways, (d) Streams and other environmental features on-site and within 1,000 feet, and (e) Any existing structures or improvements on-site. (2) General layout of development,including the following: (a) Each development lot/pod and acreage of each, (b) Interior roadway plan,with cross section detail also showing drainage, (c) Proposed access points,and (d) Proposed on-site recreation and/or open space. (3) Proposed Uses (a) All uses proposed within the development shall be shown on the Master Plan. (b) For developments with more than one development lot/pod,the proposed uses shall be listed for each lot/pod. (c) More than one use may be approved for each lot/pod. However,the Master Plan shall include a compatibility matrix to limit conflicts between adjacent uses. Orange County,North Carolina-Unified Development Ordinance Page 6-31 269 Article 6: Development Standards Section 6.7:Additional Standards for MPD-CZDCD and MPB-RB-CD (v) Electrical service, (vi) Cable, (vii) Telephone, (viii) Fiber Optic,and (ix) Other. (b) All onsite utility lines shall be underground, unless approved by the Board of County Commissioners. (7) Master Sign Plan (a) A master sign plan,consistent with the standards established in Section 6.12,shall be reviewed and approved as part of the Master Plan. (b) The sign plan shall include the following: (i) Location and size of all signs proposed on-site,including wall signs,identification signs,informational signs,etc., (ii) Illumination specifications of signs,if any, (iii) Materials(signs and supports), (iv) Planting details for ground and pole mounted signs,and (v) Any other information requested by the Planning Director and/or Board of County Commissioners. (8) Architectural Concept Plan (a) An architectural concept plan shall be required for developments with multiple buildings and development lot/pods. The plan shall address the following: (i) Architectural theme on-site,if any, (ii) Permitted color palettes, (iii) Acceptable building materials(i.e.siding, roofing,doors,trim, awnings,etc.), (iv) Specific design requirements,if any,and (v) Any other information requested by the Planning Director and/or Board of County Commissioners. (b) Architectural Concept Plans shall not be required for single-family residential subdivisions approved as a MPD-CZCD. However,they may be approved with the Master Plan if proposed by the applicant. (C) The Master Plan shall be approved by the Board of County Commissioners in conjunction with the OZD Conditional District rezoning application. 6.7.2 Permitted Adjustments (A) The MPD-SZ-CD or MPD-RB-CD designation permits a prescribed amount of flexibility when developing property and permitted adjustments shall be consistent with the following: (1) Non-Residential Development Lots/Pods (a) Maximum intensity of development for each lot/pod,when multiple uses are listed for each,shall be based on traffic generation for each use,in accordance with ITE Trip Generation Manual and may be established on the Master Plan. Orange County,North Carolina—Unified Development Ordinance Page 6-33 270 Article 6: Development Standards Section 6.7:Additional Standards for MPD-CZDCD and MPB-RB-CD (b) The acreage of each development lot/pod may be adjusted by up to 15%, provided the acreage of the entire development site remains the same and a plat has not been approved for the property. (2) Roadways&Access Points (a) Shifts in the interior roadways/rights-of-ways shall be considered permitted adjustments provided the following conditions are met: (i) The roadway/right-of-way is moved less than 50 feet to either side, (ii) The roadway/right-of-way width remains the same,and (iii) The roadway/right-of-way shift does not cause a change in the location or design of any intersection with a roadway exterior to the development. (b) Shifts in the location of roadway access points interior of the development shall be a permitted adjustment, provided the number of access points remains consistent with the approved Master Plan and the locations meet all separation requirements established within this Ordinance. (c) All points of access from roadways exterior to the development shall be as approved on the Master Plan. (3) Utilities (a) Shifts in the location of utilities serving the development shall be a permitted adjustment provided the changes are consistent with the following: (i) The proposed changes do not impact any perimeter buffers and/or setbacks established on the Master Plan. (ii) On-site stormwater ponds shown on the Master Plan that are considered part of the buffer for incompatible uses,shall not be shifted more than 50 feet along the perimeter property boundary. Figure 6.7.2.A:MPD-CZ-CD Permitted Utility Adjustments Example Plan -�--Y I Shift a 59' 0 o Approved Utility Approved Stormwater Pend -- Permitted Utility Adjustment ■Revised Stormwater Pond -- Required Setback(Not Adjustable) Orange County,North Carolina—Unified Development Ordinance Page 6-34 271 Article 6: Development Standards Section 6.7:Additional Standards for MPD-CZDCD and MPB-RB-CD (B) Permitted Adjustments may be approved by the Planning Director. The Master Plan shall be revised to show all permitted adjustments and filed with the Planning Department for incorporation in the approved MPD-GZ-DCD or MPD-RB-CD. Other changes to the Master Plan shall be approved by the Board of County Commissioners in accordance with the procedures specified in Section 2.9.2 of this Ordinance. 6.7.3 Final Development Plans (A) Site plans shall be submitted subsequent to MPD-GZ-CD or MPD-RB-CD Master Plan approval in accordance with the procedures established in Section 2.5 of this Ordinance. (B) Approval of detailed site plans and related material is an administrative action and no public notice or hearing is required. (C) After a MPD-GZ-CD or MPD-RB-CD district has been established,no zoning compliance permit,permit for land disturbing activity, building permit,or the like,shall be issued for the site,unless and until the Planning Director has approved a site plan, prepared and approved in accordance with Section 2.5 of this Ordinance,for the development as a whole or each development lot/pod,in accordance with the approved Master Plan. (D) Approval of site plans shall be based on compliance with regulations applying at the time the land was zoned to MPD-GZCD or MPD-RB-CD. (E) The Planning Director shall certify that all conditions imposed by the Board of County Commissioners with the approval of the MPD-GZ-CD or MPD-RB-CD and Master Plan have been met and a report shall be provided to the County Manager within 30 days following the approval of a site plan for any property included within the MPD-GZCD or MPD-RB-CD. 6.7.4 Start of Construction&Extensions (A) Site plans shall be approved and construction started in accordance with the timetable approved with the Master Plan. If the site plan(s)have not been approved or no construction has started within the stated time frames,the Master Plan becomes void and of no effect. The owner can request an extension from the Board of County Commissioners upon the favorable recommendation of the Planning Board,if the request is received before the Master Plan expires. (B) No changes shall be made to the conditions of approval with extension requests. Approval of a time extension shall be based on evidence presented by the applicant showing that approvals have been pursued in a timely manner,and that delays have resulted from factors beyond the control of the developer. 6.7.5 Specific Standards for Hillsborough EDD In addition to the standards and regulations for all MPD-GZ-CD districts established in this Ordinance,the standards contained herein shall apply to MPD-GZ--CD districts in the Hillsborough Economic Development District. (A) Purpose and Intent The purpose of the MPD-GZ--CD in the Hillsborough Economic Development District is to provide locations for a mix of residential,commercial and light industrial uses in a cohesive development that is compatible with the natural terrain and surrounding uses. This district encourages innovation by offering flexibility in design and layout requirements to achieve a greater choice of living and working environments. (B) Applicability (1) The minimum size of a MPD-GZ-CD district shall be 5 acres. Orange County,North Carolina-Unified Development Ordinance Page 6-35 272 Article 6: Development Standards Section 6.7:Additional Standards for MPD-CZDCD and MPB-RB-CD (2) This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. (C) Development Standards (1) Dimensional Requirements (a) There are no minimum lot sizes within the MPD-CZ-CD district; However, the Master Plan will set forth the individual lot setbacks in accordance with the General Dimensional Requirements established herein. STANDARDS0 ELABLE 6.7.5.C:SPECIFIC :. . DD INIMUM ZONING L LOT MINIMUM SETBACKS OT 4 MAXIMUM MAXIMUM ZONING SIDE IMPERVIOUS HEIGHT DISTRICT AREA WIDTH FRONT REAR ONE SURFACE (FEET) (ACRE) (FEET) (FEET) (FEET) SIDE COMBINED STREET COVER(%) MPD- 200 60 40 20 40 40 50 60 GZCD (b) Single-family and duplex residential uses following the flexible development guidelines established in Section 7.13 of this Ordinance, may reduce the minimum setbacks by 50%and the lot width by 60%. (2) Internal Access (a) All outparcels within the MPD-CZ-CD district shall have internal access to the development. (b) All parcels shall provide for interconnectivity between parking areas if determined necessary by staff. (3) No drive through facilities may be constructed in this district. (4) Consideration of lower cost and affordable housing shall be incorporated into any mixed use development. (5) A justification for any deviation to development standards must state a public benefit or purpose. (D) Plan Approvals (1) If a MPD-CZ-CD rezoning application is approved with a Master Plan,the approval does not obviate the need to obtain a Class A SpeGiAl I Ice Permit er site plan approval for the individual"pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) A Class A SPIDGiA-1 I Ioe Rpr. 4 shell he re re,d iflf any nonresidential use is located within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size,an appropriate Conditional District must be approved.See Section 5-3 I(C)5.21.2 for standards for uses requiring a Class A Special Use Perm i+Conditional District approval. (3) No speGiarl use pe mitfer a site geye ed by a ,ed nnPID-G7 4asteri�., y he.denied for reasens set forth in Se..+ie..2.5 Ar A46GIe G of this ar.di..anGe 'f+he basis for o,,..h.dpn';;l i .eh.°o An ele...e..+Ar effe..+of the.deyelepme..++h o+ has been o ..if'Galh,addressed aR d a .e.d in the HPID-`7 Master Plan Orange County,North Carolina-Unified Development Ordinance Page 6-36 273 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection /e�)it Gan bhe d n ted that the information presented+e the BeaFd efe Geyn+.i(`emetic.c.ienerc.at the MPD GZ Master Plan a iel stage was materially false a misleading, (b) GAn tons have AhaRgedsubstaRtialIT iR a rnaRn8tha+,that net FeaSORably have been an+ieina+ed (G) The lap has haneed substa +ially i its iFnPaGt6,pr (dd) A hasms for denialT or rf r reaSAn,;sp+forth in Cen+inn 2 5 Ar�mhinle56; demnnstra+ed la Y elear and e „idenee 144 (4)(3) A site plan shall not be accepted by staff for review until the MPD-SZ-CD Master Plan has been approved. ( ) The Dle�ning DdFeGtGF Shall have ; +n require edifne+ien+e+he ssret+�-ter e-a^, SECTIONapproved MPD CZ Master Plan should the submitted site plan violate,On the - • • 6.8.1 Purpose and Intent The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features.The purpose of these standards is to: (A) Protect, preserve,and enhance the visual appeal,character,and value of Orange County; (B) Enhance the beauty of the built environment; (C) Enhance the privacy and welfare of citizens by separating incompatible land uses; (D) Allow for the ecological benefits provided by plant materials including:protection of land from erosion and storm water runoff;minimize noise,water,light and air pollution; mitigation of the heat island effect; recharging of aquifers;and protection and enhancement of wildlife habitats;and (E) Preservation of natural forested tree areas. 6.8.2 Applicability The landscaping and buffering standards of this section shall apply to all proposed land development for which a site plan,special use permit, MPD-SZ-CD or MPD-RB-CD Master Plan, preliminary plat in the case of major subdivisions or a final plat in the case of minor subdivisions, is required. 6.8.3 Variations (A) In some cases the strict adherence to this section of the Ordinance would serve no useful purpose, in which case the Planning Director, may modify the buffer and landscape standards of this Section where: (1) The topography of a site and/or the size of a proposed lot are sufficient to serve the purpose of a buffer; (2) Existing structures,utilities,gardens or active farmland are located in the buffer or setback areas; (3) Existing vegetation is damaged, unhealthy,or poses a safety threat;or 144 The language in(3)is no longer necessary since review/approval would be via a Conditional District rather than an SUP. Orange County,North Carolina-Unified Development Ordinance Page 6-37 274 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection TOTAL TREES PLANTED MIN SPECIES REQUIRED MAX PERCENTAGE OF ONE ON SITE SPECIES 11 to 20 Trees 3 40% 21 to 40 Trees 4 35% 41 to 80 Trees 6 30% 81 to 150 Trees 8 25% Over150 Trees 10 20% (3) Deciduous and Evergreen Shrubs (a) All shrubs shall be cold hardy and heat tolerant. (b) Upright shrubs shall be a minimum of 15 inches in height at the time of planting. (c) Shrubs shall not be planted closer than three feet on center.Shrubs shall not be planted closer than three feet to planted trees,nor within six feet of existing protected trees;however,no more than 25%of the root protection zone of an existing tree may be disturbed with new plantings. (d) When planted as a hedge,the maximum spacing for 24-inch high deciduous shrubs shall be 36 inches on center.Spacing for other size shrubs shall be determined by the Planning Director or designee based on the proposed species. (4) Preferred Species The Planning Director shall maintain a list of plants by type and their preferred location or use on sites developed under this Section.The list shall include drought tolerant and native species (5) Prohibited Plants The Planning Director shall maintain a list of plants that are not permitted for any use due to their invasive tendencies.Such species shall not be planted as landscaping for any purpose. (D) Installation (1) The International Society of Arboriculture145(ISA)maintains standards for tree plantings. All installations shall adhere to the standards published by the ISA. The Planning Director will have available the planting details as a booklet. (E) Maintenance (1) All plantings must be maintained in a healthy state. Should any vegetation that was required to meet the standards of this section die within two years of planting,the plants must be replaced with the same or comparable species. (2) The Planning Director may conduct inspections to monitor the health and status of the required landscaping. 6.8.6 Land Use Buffers (A) Purpose Land use buffers are intended to screen and buffer lower intensity/density uses from incompatible higher intensity/density land uses. Buffers reduce adverse visual effects,as well as noise,dust,and odor. (B) Applicability ...Correct misspelling. Orange County,North Carolina—Unified Development Ordinance Page 6-41 275 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection Land use buffers will be required based on the zoning district of the proposed use and the zoning district of the adjacent uses. (C) Location (1) Required land use buffers shall be located along the interior or street lot lines nearest the adjacent streets,land uses and/or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement. (2) No building or structure of any type shall be erected,constructed or installed in a required land use buffer. (D) Land Use Buffer Table PROPERTIESTABLE 6.8.6.D:LAND U7,1&ERS ZONING OR USE OF ADJACENT LU LU RB,AR,R1 A A B F E F F F E B B R-2&R-3 A - A B F D F F F D B B a R-4&R-5 A A - B F C E E F C B B 2 a` R-8&R-13 B B B - F B D D F C B B HP-G2CD F F F F - F F F F F F F O/RM,NC-2, E D C B F F B B D LCA CC-3,GC-4, j EC-5 F F E D F - - - F B B D El,I-1,I-2,I-3, F F E E F F B B D PID c N° AS,ASE- GZCD,ASE- D A A A F A A A F B B B RB-CD Note:MPD-GZCD,MPD-RB-CD,R-CD,R-RB-CD,and-NR-CD,and NR-RB-CD buffers to be determined at time of approval. (E) Natural Buffers (1) If there is existing,healthy,natural vegetation in the area of a required buffer,it must be preserved. If the vegetation is removed for any reason,other than in accordance with an approved landscape and tree preservation plan,the dimensions of the buffer shall be increased 50%and the number of required plantings shall be increased 50%. Orange County,North Carolina—Unified Development Ordinance Page 6-42 276 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection Figure 6.8.7.D:Vehicular Use Area Landscaping,Terminal Islands is *f4b In, A 0 20, Q No more than ten parking spaces shall 9p ,t — 9. be permitted in acontinuous row without -----__--- being interrupted by a terminal landscape island. J ® Terminal islands shall have a minimum of 300 square feet and be planted with a minimum of one canopy tree,as well as shrubs and ground cover. ® Not less than 5%of the interior of any parking,or other vehicular use area shall be landscaped. 0 A landscaped area of at least 10 feet in width shall be provided between the vehicular use area and the right-of-way. 6.8.8 Credits for Existing Vegetation (A) Healthy vegetation that is retained may be credited toward landscaping requirements. (B) Vegetation to be saved shall meet all requirements of Section 6.8.4, Protection of Existing Vegetation. (C) Healthy canopy trees may be retained and credited toward landscaping requirements if each tree proposed for credit has a caliper of at least two inches,and credit will be given on a one-for-one basis. (D) Credit shall be allocated on a one-for-one basis for healthy evergreen trees,deciduous understory trees,evergreen understory trees or shrubs. The size of material shall not be taken into account except where such material is below the required minimum planting size, in which case no credit shall be granted. (E) In order to receive credit for any retained trees, 100%of the critical root zone shall remain undisturbed. Trees with critical root zones outside the protected area shall not count toward any landscaping requirements unless consistent with Section 6.8.6(E)(2). 6.8.9 Screening (A) Applicability (1) The standards contained herein shall apply to the following: (a) Air handlers and similar mechanical equipment in multifamily or nonresidential development; (b) Outdoor storage for nonresidential development146; (c) Loading areas;and (d) Trash handling facilities,including dumpsters and recycling. 146 This appears to be either an outdated or partial term. Staff recommends correcting the term to encompass what staff believes the intent is. Orange County,North Carolina—Unified Development Ordinance Page 6-47 277 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection (2) All rooftop equipment shall be screened or setback so that it is not visible from any adjacent right-of-way,except that solar panels shall be exempt from screening requirements. (B) Standards Features and uses specified above shall provide a visual obstruction from adjacent properties in conformance with the following standards: (1) The screen may be composed of view-obscuring vegetation used individually,or in combination with a wall,semi-opaque fence,or berm. The screen height shall be eight feet from the ground,except that utilities and trash handling facilities shall be screened to the height of the facilities plus six inches. (2) A minimum opacity of at least 80%that obscures views from the ground to the height of the object being screened shall be attained. (3) Plant materials shall be at least two feet tall at the time of installation and reach the desired height within three years of planting. (4) Except for screening around roof-top equipment,one upright shrub of an evergreen species shall be installed per four linear feet of any wall or fence that faces off-site. (5) Trash and recycling containers must be contained within a gated,durable and attractive enclosure,compatible with building architecture. Shrubs shall be planted around the foundation. (C) Fences and Walls (1) Fences and walls shall not be required to adhere to the setback requirements detailed within this Ordinance but shall be located on the property of the individual erecting the structure. (2) Fences and walls shall be compatible with building architecture. (3) Fences and walls shall be setback a minimum of ten feet from any property line adjoining a road right-of-way,either public or private,to ensure adequate site visibility. (4) Fences shall not exceed 12 feet in height. (5) Privacy fences shall be erected to that support posts and slats are visible and accessible from the individual's property that erected the structure. (6) Chain link fencing is not permitted in areas visible from adjacent properties, parking areas,street or pedestrian walkways unless it is screened through use of evergreen shrubs. (D) Credit for Other Landscaping Plant material in project boundary buffers may be counted towards the planting requirements of this section when located to serve both functions. 6.8.10 Landscape and Tree Preservation Plan (A) Whenever land development for which a site plan,special use permit, MPD-SZ—CD or MPD-RB-CD Master Plan,preliminary plat in the case of major subdivisions or a final plat in the case of minor subdivisions,is required,a landscape and tree preservation plan meeting the requirements of this Section must be submitted for review and approval in accordance with the provisions in Article 2 of this Ordinance. (B) Landscape and tree preservation plans shall be prepared by certified landscape architects or other landscape professionals with a proficiency in preparing landscaping plans,with the exception of minor subdivisions. If a minor subdivision must install plantings to meet the requirements of this section,it is encouraged that a professional Orange County,North Carolina—Unified Development Ordinance Page 6-48 278 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection as a letter of credit or performance bond)sufficient to cover 110%of the installed landscaping costs has been posted with the Planning and Inspections Department. 6.8.12 Additional Standards for Economic Development Districts (A) Landscape and Tree Preservation Plan The Landscape and Tree Preservation Plan shall be prepared in accordance with the requirements of Section 6.8.10. (B) Preservation of Existing Features (1) Natural features such as streams and ponds,hillsides,rock formations, unique vegetation and natural areas,wildlife habitats,and other similar features must be incorporated into the overall development concept. (2) Building sites,parking areas,and other uses shall be situated in such a way as to protect existing tree stock having a diameter of one-foot or greater when measured four and a half feet above ground level. (3) Trees to be saved shall be noted on the landscape and tree preservation plan and appropriate measures to protect the tree stock from damage during construction, including no grading within the critical root zone,shall be indicated in accordance with Section 6.8.4. (4) Where possible,trees shall be protected in stands or clusters. (5) The siting of buildings shall take advantage of scenic views and take into consideration the impact of new structures on views from off-site. (6) Where ever possible,access to views are to be preserved for adjacent property owners and passing motorists. (7) Scenic views and visual elements within the visual corridor shall be identified and preserved where possible. (C) Buffering Neighboring Uses (1) A minimum buffer of 100 feet in width is to be provided at the boundary of all Economic Development Districts. (2) In accordance with Section 6.6.45,a buffer of 100 feet in width is to be maintained adjacent to the right-of-way of interstate highways. (3) In the Buckhorn EDD,a buffer of 150 feet is required on the portion of the boundary adjacent to the Clearview Subdivision and adjoining residential area on the north side of West Ten Road. (4) In the Hillsborough EDD,a buffer of 100 feet is required along the Old 86 roadway corridor. For properties located within the EDH-1 zoning district,a 50 foot wide buffer is required. (5) Limited breaks in required interstate highway buffers may be allowed in accordance with Section 6.6.54(5). (6) Buffers may consist of existing wooded areas. If existing vegetation is not sufficient for screening,a planted buffer shall be augmented and interspersed, consisting of 50-75%evergreen trees reaching a minimum mature height of 30- feet. (7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between adjacent land uses,whether internal or external to the project,shall be provided in accordance with the Land Use Buffer Schedule that follows. (8) Trees with a caliper of six inches or greater should be considered for preservation. Orange County,North Carolina—Unified Development Ordinance Page 6-51 279 Article 6: Development Standards Section 6.8:Landscaping,Buffers&Tree Protection TABrffV!V.-M:LAND USE BUFFER SCHEDULE A B ABUTS THIS EXISTING LAND USE... "A"PROVIDES DEVELOPEDWHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE ACROSS A NEXT TO B" (OTHER PROPOSEDDEVELOPMENT Residential,all types N/A Finance 20 Government,Information,Recreation,Retail,Services, 30 Non-Residential Use/Reuse of Historic Buildings Other all other Use Types in Section 5.24 50 Residential,all types Interstate Highway See also Section 6.6.34 100 Arterial Road 30 Collector Road 20 Railroad 40 Transmission Lines 40 Undeveloped Parcel 20 Residential,all types 20 Finance 20 Government,Information,Recreation,Retail,Services, 20 Non-Residential Use/Reuse of Historic Buildings Other all other Use Types in Section 5.2 N/A Finance Interstate Highway See also Section 6.6.34 100 Arterial Road 20 Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Residential,all types 30 Finance 20 Government,Information,Recreation,Retail,Services, 20 Government,Information, Non-Residential Use/Reuse of Historic Buildings Recreation,Retail, Other all other Use Types in Section 5.2 N/A Services,Non-Residential Interstate Highway See also Section 6.6.43 100 Use/Reuse of Historic Arterial Road 20 Buildings Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Residential,all types 40 Finance 20 Government,Information,Recreation,Retail,Services, 40 Non-Residential Use/Reuse of Historic Buildings Other(all other Use Types Other all other Use Types in Section 5.2 N/A in Section 5.2.2) Interstate Highway See also Section 6.6.43 100 Arterial Road 20 Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Note: See Article 10 for the definition of"Transmission Lines." (D) Landscaped Parking Areas In addition to the requirements contained in Section 6.8.7(D),projects in Economic Development Districts shall require the following: Orange County,North Carolina-Unified Development Ordinance Page 6-53 280 Article 6: Development Standards Section 6.11:Outdoor Lighting The overall scope and purpose of the lighting plan is to allow staff to work with the property owner to prevent excessive and unnecessary lighting on the property prior to installation of the proposed fixtures avoiding potential costly compliance remedies upon completion of the project. (B) Submittal Requirements (1) With the exception of single-family and duplex residential plot plan submittals,a lighting plan shall be submitted with site plan, MPD-BCD Master Plan or preliminary plat approval documents when outdoor lighting fixtures are proposed. Any development project proposing outdoor lighting shall not be permitted until the proposed lighting plan is approved in accordance with the provisions of this Ordinance. (2) Lighting Plans shall comply with the following standards: (a) Lighting plans shall be completed and sealed by a professional engineer and shall contain all required information as detailed herein, (b) Plans,drawn to a maximum scale of one inch equaling 40 feet,shall show the exact location,type,and height of all outdoor luminaries, existing and proposed,including building,pole and ground fixtures; (c) The plan shall include a detailed description of the luminaries,including lamps,poles or other supports and shielding devices,which may be provided as catalogue illustrations and product specifications from the manufacturer. As part of this requirement,all lighting plans shall contain inset drawings of all proposed lighting fixtures including any directional controls(i.e.shields, reflectors,refractors,etc.)that will aim and limit the angle of illumination. The lighting detail shall also show the vertical angle of illumination for all proposed fixtures that will be used to determine the required shielding angle; (d) A lighting plan shall delineate the horizontal position of all lighting fixtures proposed for a parcel of property;and (e) Photometric data,such as that furnished by the manufacturer,showing the angle of light emission and lumen output shall be required. An example of a photometric plan is as follows: Orange County,North Carolina—Unified Development Ordinance Page 6-70 281 Article 6: Development Standards Section 6.12:Signs (F) Temporary Construction and Financial Institution Signs (1) Shall not exceed 24 square feet in area, per sign; (2) May not to exceed two signs per building site; (3) Signs shall be erected only after a Building Permit authorizing construction on- site has been issued;and (4) Signs must be removed within seven days after construction work has been completed and the certificate of occupancy has been issued. (G) Directional/Informational Signs (1) May be displayed on parcels of property utilized for non-residential purposes. (2) May not exceed two square feet in area. (3) May contain corporate logos or other similar graphical displays so long as they provide some necessary information to patrons(i.e.entrance and exit locations, one-way entrance ways,drive through entranceways,ATM location,etc.). (4) A maximum of three directional/informational signs may be displayed on a non- residential parcel of property. (H) Temporary Real Estate Signs,in excess of four square feet in area (1) One sign shall be permitted per building site, not to exceed 24 square feet in area. (2) Signs shall not be placed within any public street right-of-way. (3) Signs must be removed after property has been transferred. (1) Landmark Signs Signs shall be erected only after the historical significance of the particular site has been verified and that proposed location of the sign has been approved by the Orange County Planning Department and all other related agencies(i.e. NC Department of Transportation). 6.12.12 Signs Permitted in Specific Zoning Districts The following signs shall be permitted in the zoning districts indicated,in accordance with all other provisions of this Section and specific standards for each sign established herein: (A) Flags All flags shall comply with the following provisions,except for those in cemeteries which are regulated by Section 6.12.13(C). (1) In residential zoning districts(RB,AR, R1, R2, R3, R4, R5, R8,aad-R13 and-R- CD,and R-RB-CD),up to three flags and one flagpole per lot shall be allowed. Each flag shall be a maximum of twenty four(24)square feet in area.The flagpole shall be a maximum of twenty four(24)feet in height. Flagpoles shall be setback at least twenty(20)feet from all property lines. (2) In all other zoning districts, up to three flags and three flagpoles shall be allowed. Each flag shall be a maximum of ninety six(96)square feet in area. Each flagpole shall be a maximum of fifty four(54)feet in height. Flagpoles shall be setback at least twenty(20)feet from all property lines. (3) Flags lawfully in existence on the date this provision was first advertised,which do not conform to the provisions of this Unified Development Ordinance, but which were in compliance with the applicable regulations at the time they were constructed,erected,affixed or maintained must be regarded as nonconforming. Orange County,North Carolina—Unified Development Ordinance Page 6-82 282 Article 6: Development Standards Section 6.12:Signs (a) For the purpose of amortization, nonconforming flags may be continued from the effective date of this subsection for a period not to exceed one year. (b) Flags which were unlawful under the prior versions,and which do not conform to the current ordinance,must be removed immediately. (c) Any flag or flagpole which is altered, relocated,or replaced, must be immediately brought into compliance with all provisions of this code. (4) Depictions of flags,when placed on structures,shall comply with the remaining provisions of this Section. (B) On-Premise Commercial Signs (1) These signs shall comply with all state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) On-premise commercial signs shall be permitted within the following zoning districts: LC-1, NC-2,CC-3,GC-4, EC-5,O/RM,El, 1-1, 1-2, 1-3,AS, MPD-GZCD, MPD-RB-CD, HP-GZCD,ASE-GZCD,ASE-RB-CD, REDA-GZCD-1 NR-CD, NR- RB-CD,and all of the Economic Development zoning districts. (3) All on-premise commercial signs shall be setback ten feet from the front,side, and rear property lines or the edge of any existing or projected street right-of-way line whichever is greater. In cases where a property abuts a residential zoned parcel of property,the side or rear yard setback requirement shall be doubled. (4) Number of Signs Permitted (a) One on-premise commercial sign shall be permitted per parcel. However,one additional on-premise commercial sign may be permitted for parcels with frontage on more than one right-of-way in accordance with the provisions of this Section. (b) Under no circumstances shall more than one three-dimensional sign be permitted on-site. (c) For multi-tenant buildings and/or sites permitted as a eenditional OF conditional zoning district,additional on-premise commercial signs or sign area may be permitted by the Board of County Commissioners. (5) Height of Signs (a) Pole signs shall be limited to a height of 24 feet with a mandatory ground clearance of eight feet from the normal or finished grade elevation of the property at the base of the sign (b) Ground signs shall not exceed six feet in height from the normal or finished grade elevation of the property at the base of the sign (6) The allowable area for on-premise commercial signs shall be determined as follows: (a) Single or double-faced signs shall not exceed 32 square feet in area,per sign face. For parcels zoned CC-3,GC-4, O/RM, 1-1, 1-3,AS, EDB-2, EDE-2, EDH-4, EDH-5, NR-CD, NR-RB-CD,-ant MPD-GZ-CD,or MPD- RB-CD,signage shall not exceed 72 square feet in area for parcels that: (i) Are larger than 60,000 square feet in area,and (ii) Have more than 300 linear frontage along a NC Department of Orange County,North Carolina—Unified Development Ordinance Page 6-83 283 Article 6: Development Standards Section 6.12:Signs (6) The height of an off-premise commercial sign shall not exceed 25 feet from the grade of the right-of-way or surface grade beneath the sign,whichever is less. The clearance of an off-premise sign shall not be less than eight feet from the grade of the right-of-way or surface grade beneath the sign,whichever is less. (7) Off-premise commercial signs shall be limited to 480 square feet of sign area. (8) In no case shall an off-premise commercial sign be located closer than 1,000 feet to an existing off-premise commercial sign. (9) Off-premise commercial signs are prohibited within the Major Transportation Corridor(MTC)overlay district. (10) No person may,for the purpose of increasing or enhancing the visibility of any off-premises commercial sign,damage,trim,destroy,or remove any trees, shrubs,or other vegetation in the following locations: (a) Within the right-of-way of any public street or road,unless the work is done pursuant to the express written authorization of the North Carolina Department of Transportation; (b) On property that is not under the ownership or control of the person responsible for such work, unless the work is done pursuant to the express authorization of the property owner where the vegetation is located;and, (c) In any area where such vegetation is required to remain under a permit issued in accordance with this Ordinance. (D) Wall Signs (1) Shall either be mounted or painted on a building. (2) Wall signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Wall Signs shall be permitted within the following zoning districts:LC-1, NC-2, CC-3,GC-4, EC-5,O/RM, El, 1-1, 1-2, 1-3,AS, MPD-GZCD, MPD-RB-CD,ASE- GZCD,ASE-RB-CD, REDA-GZCD-1, NR-CD, NR-RB-CD,and all of the Economic Development zoning districts. (4) All wall signs shall be offset a minimum of ten feet from the corner of the building on which it is mounted. (5) Wall signs shall not protrude more than 12 inches from the face of building on which it is mounted. (6) Number of Signs Permitted (a) Only one wall sign shall be permitted per building facade. In cases where a building is located on a corner lot,an additional wall sign may be permitted on the building wall facing the second street right-of-way, subject to the requirements of this Ordinance. (b) For multi-tenant buildings permitted as a ne.ndi'i^^a' -se or conditional zeniR9 district additional wall signs may be permitted by the Board of County Commissioners. (7) The allowable sign area shall be determined as follows: One square foot of sign area for every foot of building length facing a public right- of-way,not to exceed 32 square feet. For parcels zoned CC-3, GC-4,O/RM, 1-2, 1-3,AS, EDB-2,EDE-2, EDH-4, EDH-5, NR-CD, NR-RB-CD,anA-MPD-GZ-CD or MPD-RB-CD,signage shall not exceed 64 square feet in area for parcels that: (a) Are larger than 60,000 square feet in area,and Orange County,North Carolina—Unified Development Ordinance Page 6-85 284 Article 6: Development Standards Section 6.12:Signs (b) Contain a structure with more than 100 linear feet of building length facing a public right-of-way,and (c) Have more than 300 feet of linear frontage along a NC Department of Transportation(NC DOT)maintained roadway. (8) A changeable copy sign may be utilized as a wall sign. (9) Wall signs shall not extend above the soffit, parapet,or eave line of the building to which it is attached. (E) Projecting Signs (1) Projecting signs shall be mounted on a building. (2) Projecting signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC- 2,CC-3, GC-4, EC-5,O/RM, El, 1-1, 1-2, 1-3,AS, MPD-GZCD, MPD-RB-CD, ASE-GZCD,ASE-RB-CD, REDA-GZCD-1, NR-CD, NR-RB-CD,and all of the Economic Development zoning districts. (4) Projecting signs shall adhere to the minimum setback requirements established for all structures within the zoning district in which it is located. (5) Only one projecting signs shall be permitted per building facade even in cases of a building located on a corner lot. (6) The allowable sign area shall be determined as follows: (a) One square foot of sign area for every foot of building length,facing a public right-of-way, not to exceed 32 square feet in area. (7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least ten feet above finished grade. (8) Projecting signs shall not extend above the soffit, parapet,or eave line of the building to which it is attached. (9) Projecting signs shall not be located at the corner of a building except at right angles to the building facade. (F) Window Signs (1) Window signs shall be permitted within the following zoning districts:LC-1, NC-2, CC-3,GC-4, EC-5,O/RM, El, 1-1, 1-2, 1-3,AS, MPD-CZCD, MPD-RB-CD,ASE- GZCD,ASE-RB-CD, REDA-GZCD-1 NR-CD, NR-RB-CD,and all of the Economic Development zoning districts. (2) Window signs shall be limited to a maximum of 30%of the total window area where the sign is to be located. (3) Window signs may be utilized for advertising specials or sales within the business,or displaying the name and other pertinent business information associated with the principal use. (4) Signs may be etched, painted or otherwise attached to be made a permanent addition to the pane of glass. (G) Awning Signs (1) Awning signs shall be permitted within the following zoning districts:LC-1, NC-2, CC-3,GC-4, EC-5,O/RM, El, 1-1, 1-2, 1-3,AS, MPD-GZCD, MPD-RB-CD,ASE- CZCD,ASE-RB-CD, REDA-CZCD-1 NR-CD, NR-RB-CD, and all of the Economic Development zoning districts. See Section 6.12.14(E)for additional standards for Awning Signs located in Economic Development Districts. Orange County,North Carolina—Unified Development Ordinance Page 6-86 285 Article 6: Development Standards Section 6.12:Signs (ii) Freestanding identification signs shall be limited to 20 square feet of sign area. In Economic Development Districts,a maximum sign area of 32 square feet shall be permitted, (iii) The sign may be either a ground or pole sign, (iv) Freestanding identification signs shall be set back a minimum of ten feet from all property lines,and (v) Illumination of freestanding identification signs shall be permitted in accordance with the provisions of this Ordinance, (b) Wall Signs (i) Shall either be mounted or painted on a building. (ii) All wall signs shall be offset a minimum of five feet from the corner of the building face on which it is mounted. (iii) Wall signs shall not protrude more that-than 12 inches from the side of building on which it is mounted. (iv) Only one wall sign shall be permitted per building except as follows: a. In cases where a building is located on a corner lot,a second wall sign may be erected on the building wall facing the second street right-of-way subject to the requirements of this Ordinance. b. If a building fagade faces athletic fields or other similar recreational areas on the property,a second wall sign, up to 32 square feet in area, may be erected facing these facilities,not to exceed the allowable sign area as calculated herein, C. Under no circumstances may more than one wall sign be located on the same building fagade. (v) The maximum sign area shall be determined as follows: a. One square foot of wall sign area for every linear foot of building length along a right-of-way or facing an athletic field or similar recreational use, not to exceed 32 square feet in area. (vi) A changeable copy sign can be utilized as a wall sign. (vii) Wall signs shall not extend above the soffit, parapet,or eave line of the building to which it is attached. (viii) The sign may be internally illuminated or have external illumination installed consistent with the provisions of this Ordinance. (c) Informational Signs (i) Shall be allowed in an effort to provide information concerning individual recreational amenities available on the property and are limited to those signs necessary to identify the name of a specific recreational facility,amenity,or use. (ii) Signs shall be no larger than 20 square feet in area. (iii) The sign shall contain information identifying the recreational amenity. (iv) The number of signs shall be directly proportional to the number of individual recreational amenities present on the site. Orange County,North Carolina—Unified Development Ordinance Page 6-89 286 Article 6: Development Standards Section 6.14:Stormwater Management (3) Deviations from these standards may be allowed as approved on a case by case basis. (F) Total Nutrient Removal Rates Total nutrient removal rates of SCMs,as well as SCMs in a series,will be calculated pursuant to the approved accounting tool. 6.14.8 Peak Runoff Volume (A) Standards for Falls Lake Watershed (1) For all new development,there shall be no net increase in peak flow leaving the site from the predevelopment conditions for the 1 year,24 hour storm. (B) Standards for Jordan Lake Watershed (1) For all new development there shall be no net increase greater than 10%in peak flow leaving the site from the predevelopment conditions consistent with 15 A NCAC 02H.1002(44)and the NCDEQ Stormwater Design Manual.. (C) Calculating Peak Runoff Volume (1) The following are acceptable methodologies for computing the pre-and post- development conditions for the 1 year,24 hour storm: (a) Rational Method, (b) Peak Discharge Method as described in the USDA Soil Conservation Service's Technical Release Number 55(TR-55), (c) Alternative methods must be approved by the County. (2) The same method must be used for both the pre-and post-development conditions. 6.14.9 Stormwater Management Plan (A) Required Approval The Erosion Control Officer shall not issue any permits for new development on any land within Orange County subject to the provisions of this Section,unless and until a Stormwater Management Plan has been reviewed and approved in accordance with Section 2.21.1 of this Ordinance. (B) Compliance with Requirements Any person engaged in new development activities as defined by this Section who fails to file a plan in accordance with this Ordinance,or who conducts any new development except in accordance with provisions of an approved Stormwater Management plan shall be deemed in violation of this Ordinance. (C) Enforceable Restriction Approval of the Stormwater Management plan shall require an enforceable restriction on property usage that runs with the land,such as a recorded deed restriction or protective covenants,to ensure that future development and redevelopment maintains the site consistent with the approved Stormwater Management plan. 6.14.10 Operation and Maintenance of Stormwater Control Measures(SCMs) (A) Posting of Financial Security— 141 Staff is noting here that amendments to this section are necessary to conform with SL 2019-79. A proposed amendment package will be forthcoming soon. Orange County,North Carolina—Unified Development Ordinance Page 6-102 287 Article 6: Development Standards Section 6.14:Stormwater Management stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity,the Erosion Control Officer shall inspect and approve the completed improvements. (5) Annual Maintenance Inspection Fee (a) The Fee for the first year shall be paid before: (i) The release of any Final Certificate of Occupancy for Non- Residential Properties. (ii) The release of the construction bond for Residential or Non- Residential Properties. (b) The fee shall be based upon the current Orange County Planning Fee Schedule,and shall be paid to Orange County following each annual inspection. (c) Failure to pay the Annual Maintenance Inspection Fee shall be deemed a violation of this Ordinance. 6.14.11 Amendments to Approved Plans and Specifications (A) Minor Amendments to Plans and Specifications (1) Amendments to the plans and specifications of the SCM and/or the operation and maintenance plan or manual may be approved by the Erosion Control Officer,provided that the changes do not involve a change in the size or location of the structure. (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect(to the extent that the General Statutes,Chapter 89A,allow)and submitted for review by the Erosion Control Officer. (3) Erosion Control Officer Review (a) If the Erosion Control Officer approves the proposed changes,the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Erosion Control Officer. (b) If the Erosion Control Officer disapproves the changes,the proposal may be revised and resubmitted as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed,it shall be returned to the applicant. (c) The Erosion Control Officer shall report any such revisions to the Board of County Commissioners at the next available regu4ar--business1448 meeting. (B) Major Amendments to Plans and Specifications (1) Amendments to the plans and specifications of the SCM and/or the operation and maintenance plan or manual which involve a change in the size or location of the structure may be approved by the Board of County Commissioners after receiving a recommendation from the Erosion Control Officer. (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect(to the extent that the General Statutes,Chapter 89A,allow)and submitted to and reviewed by the Erosion Control Officer. (C) Revision of Plans Found to be Inadequate If the County finds that the operations and maintenance plan or manual is inadequate for any reason,the owning entity shall be notified of any required changes and shall prepare 148 Conforming to updated term for BOCC meetings. Orange County,North Carolina—Unified Development Ordinance Page 6-107 288 Article 6: Development Standards Section 6.16:Environmental Impact Reports (4) Permit and facilitate full enforcement of all ordinances and regulations concerning the environment in an efficient,coordinated and comprehensive manner. (B) The intent of the regulations and standards included in this Section is to provide a mechanism for full disclosure of anticipated impacts of developments as herein defined and to make such information publicly available so that citizens of the county may have input into developmental issues before they become moot. (C) Specifically,the intent of the regulations and standards included in this Section is to require the preparation and evaluation of environmental impact documents for projects that either require certain state permits,or require a local land use permit for development within environmentally sensitive areas,as provided in Section 6.16.3 of this Ordinance. 6.16.2 Exemptions The following projects and uses are exempt from the Environmental Assessment(EA)and Environmental Impact Statement(EIS)requirements set forth herein and no environmental documentation is required: (A) Any project involving a total area of two acres or less. (B) Routine repairs and housekeeping projects. (C) Routine grounds maintenance and landscaping. (D) Bonafide farming operations,not including sludge disposal. (E) Single-family residential development,except those reviewed as M120 CZa Conditional District. (F) Any project located outside of the Orange County Planning Jurisdiction, including Transition Areas subject to development regulations of any Town within Orange County. 6.16.3 Environmental Assessment (A) Applicability Environmental Assessment is required for non-exempt projects that: (1) Qualify as a small or large generator of hazardous waste as defined by the North Carolina Department of Health and Human Services(Hazardous Waste Branch of Solid Waste Management Section);and/or (2) Involves as an integral part of the operation of a commercial or industrial activity more than 10,000 gallons per day of water usage,exclusive of domestic water (25 gpd per employee),and water used for climate control(air conditioning and heating);and/or (3) Require grading in excess of 40,000 square feet,exclusive of roads,for non- residential or attached residential development;and/or (4) Require grading in excess of 40,000 square feet,exclusive of roads,for non- residential components of residential development(golf courses, recreation facilities,and the like);and/or (5) Require any of the following Environmental permits: (a) A Mining Permit pursuant to the NC Mining Act. (b) A State NPDES(National Pollutant Discharge Elimination System) Permit,as administered by the NC Division of Water Quality. (c) A Non-Discharge Permit for a land application waste disposal system. Orange County,North Carolina—Unified Development Ordinance Page 6-127 289 Article 6: Development Standards Section 6.17:Traffic Impact Analysis 6.17.2 Applicability (A) Except as provided herein,a traffic impact study shall be required for all special use permits,subdivisions,CZ-Conditional District applications,and site plans that meet the following criteria: (1) Special Use Permit:Estimated traffic generated by the permit exceeds 800 trips/day. (2) Subdivision: Contains 80 or more dwelling units or the estimated traffic generated by the subdivision exceeds 800 trips/day. (3) SZ—Conditional District Application: Estimated traffic generated by the development exceeds 800 trips/day. (4) Site Plan: Estimated traffic generated by the development exceeds 800 trips/day. (B) Orange County may require any special use permit,subdivision, Conditional District application,or site plan application to be accompanied by a traffic impact study when a road capacity or safety issue exists. If one is required,the County will notify the applicant of the reason for the requirement. (C) If the project is reviewed as a Ce rlitinn^'I Isp Distri^'or MPD-SZCD or MPD-RB-CZ, only one traffic impact study is required for speGia' use permit^•Master Plan approval unless revisions are proposed that would increase traffic or change access. 6.17.3 Exemptions (A) Special use permits,subdivisions with 80 or more dwelling units,or site plans that will generate traffic in excess of 800 trips/day may be exempted from the requirements to prepare and submit a traffic impact study in accordance with the following: (1) If a traffic impact study has previously been prepared for this particular project or development and there is to be no change in land use or density that would increase travel and no change in access to the external street system,or (2) Material is submitted to demonstrate that traffic created by the proposed development or subdivision,when added to existing traffic,will not result in a need for transportation improvements. (B) The Planning Director shall review material submitted in support of an exemption and will determine from that material whether or not to grant the exemption. (C) If an exemption is granted,documentation of the exemption will be submitted as part of the staff recommendation. 6.17.4 Scoping Meeting (A) Prior to the preparation of the traffic impact study,a scoping meeting shall be held, including the planning staff,the applicant,and the preparer of the study. (B) The discussion at this meeting should set the study parameters, including the following: (1) Study area, (2) Planned and committed roadway improvements(by NCDOT or others), (3) Road links and intersections to be analyzed, (4) Preliminary traffic distribution, (5) Other planned or approved developments to be considered, (6) Traffic growth rate, (7) Available data, Orange County,North Carolina—Unified Development Ordinance Page 6-131 290 Article 6: Development Standards Section 6.17:Traffic Impact Analysis (1) The total traffic demand that will result from construction of the proposed development shall be calculated. This demand shall consist of the combination of the existing traffic generated by the proposed development,and traffic due to other developments and other growth in traffic that would be expected to use the roadway at the time the proposed development is completed. (2) If staging of the proposed development is anticipated,calculations for each stage of completion shall be made. (3) This analysis shall be performed for average weekday traffic,the peak highway hour(s)and if appropriate, peak development generated hour(s)for all roadways and major intersections in the study area. (4) Volume/capacity calculations shall be completed for all major intersections. It is usually at these locations that capacity is most restricted. (5) All access points and pedestrian crossings shall be examined for adequate sight distance and for the necessity of installing traffic signals. The traffic signal evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation. (F) Conclusions and Recommended Improvements (1) Levels of service for all roadways and signalized intersections serving 10%or more of peak hour project traffic shall be reported. (2) All roadways and/or signalized intersections showing a level of service below D in urban or developed areas or below C in rural areas shall be considered deficient,and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include,but not be limited to the following elements: (a) Internal circulation design, (b) Site access location and design, (c) External roadway and intersection design and improvements, (d) Traffic signal installation and operation,including signal timing,and (e) Transit service improvements. (3) All physical roadway improvements shall be shown in sketches. 6.17.6 Submission and Implementation The traffic impact study will be submitted to the Orange County Planning Department within the applicable time frame indicated herein and reviewed as part of the development review process. Recommendations will be incorporated into the approval process as indicated herein. (A) Special Use Permit (1) Time of Submission The traffic impact study shall be submitted to the Planning Department with and as part of,the application for special use permit. (2) Implementation (a) The Planning Department and other agencies or officials as appropriate, shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed use. (b) The Board of Adjustment-as appropriate,shall consider the impact study and the analysis of the impact study before the application is approved or denied. Orange County,North Carolina—Unified Development Ordinance Page 6-134 291 Article 6: Development Standards Section 6.17:Traffic Impact Analysis (c) The BeaFd of County r.,.,,missio-ner or Board of Adjustment-,as appreprate,may decide that certain improvements on or adjacent to the site or on roadways or intersections for which the improvements are needed to adequately and safely accommodate site traffic are mandatory for special use permit approval and may make these improvements conditions of approval,may require modifications in the use,or may deny the permit. (B) Subdivision Review (1) Time of Submission (a) The sketch plan should be sufficiently detailed to allow the Planning Department to assess the need for a traffic impact study. (b) The traffic impact study shall be submitted to the Planning Department with and as part of,the preliminary plan application for subdivision approval. (2) Implementation (a) The Planning Department and other agencies or officials as appropriate, shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the subdivision. (b) The Planning Department and Planning Board may recommend and the Board of County Commissioners may decide that certain improvements on or adjacent to the site are mandatory for plan approval and may attach these conditions to the approval. (c) If the Board of County Commissioners concludes that additional improvements are necessary,the applicant shall have the opportunity to resubmit alternative improvement designs for approval. (C) CZ-Conditional District Application (1) Time of Submission The traffic impact study shall be submitted to the Planning Department with and as part of,the SZ-Conditional District application. (2) Implementation (a) The Planning Department and other agencies or officials as appropriate, shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed development. (b) The Planning Department and Planning Board may recommend and the Board of County Commissioners may decide that certain improvements on or adjacent to the site are mandatory for plan approval and may attach these conditions to the approval. (c) If the Board of County Commissioners concludes that additional improvements are necessary,the applicant shall have the opportunity to resubmit alternative improvement designs for approval. (D) Site Plan Approval (1) Time of Submission The traffic impact study shall be submitted to the Planning Department with and as part of,the site plan. (2) Implementation Orange County,North Carolina-Unified Development Ordinance Page 6-135 292 Article 6: Development Standards Section 6.18:Affordable Housing (E) A 50%density bonus may be approved if at least 20%of the units are to be occupied by families earning less than 50%of median income and the remaining 80%of units are occupied by families earning less than 80%of median income. This bonus shall not apply to lands which have been donated to Orange County in exchange for a density bonus pursuant to Section 6.18.3(D)above. 6.18.4 Contract for Sale of Single-Family Residences (A) Approval of the S^G^'al Use PerR44Conditional District,site plan,CZ applisatiGR, r preliminary plat shall not occur until there is a executed contract between the property owner and Orange County,which shall also be binding on future owners of the reserved lots. (B) The contract shall be administered by HCD,and shall include the following provisions: (1) All sales and re-sales shall be approved by HCD to assure ownership by qualifying buyers in accordance with the following eligibility criteria. (a) Family income,as defined in Article 10 of this Ordinance,at the time of purchase shall not exceed the limits set forth in Section 6.18.3. Qualifying buyers may have up to$10,000 in net assets,as defined in Article 10 of this Ordinance,at the time of purchase. (b) At least one member of a qualifying household must have lived or worked in Orange County for the past 12 months. (2) The contract shall apply to each of the reserved lots,and shall continue to affect a particular lot for a minimum period of 15 years after the initial sale of that lot. (3) There shall be no occupancy of the unit prior to its sale to a qualifying buyer. (4) The contract shall include a timeline by which construction and sale of the reserved units will be accomplished. (5) The resale price of any reserved housing unit shall not,at any time during the life of the contract,exceed the maximum amount affordable to the purchasing household. (6) The maximum sale or resale price shall be determined by HCD,calculated by using HUD modeling for housing affordability. HUD modeling takes into consideration assumptions such as interest rates,percentage of annual income allowed for housing,and amount of down payment. (7) In the event that the financial status of the buyer significantly improves prior to the expiration of the contract period,the buyer may lease the unit,provided that the lessee and the lease are approved by HCD. HCD shall use the standards set forth in Section 6.18.5 to determine whether or not to approve the lease. In addition,the term of the lease shall be for a minimum period of two years. (8) Violation of any of the terms of the contract required by this Ordinance may constitute grounds for revocation of the SpeGial Use oeFFnit and F8ZGRiRg A-f the land development approval,as provided in this Ordinance. 6.18.5 Contract for Rental of Duplex or Multi-Family Units (A) Approval of the SP8Gial Use oeFn *Conditional District,site plan,CZ app4+satien;or Preliminary Plat shall not occur until there is a contract between the property owner or developer and Orange County,which shall also be binding on future owners of the development. (B) The contract shall be administered by HCD,and shall include the following provisions: (1) All rental applications shall be approved by(HCD)to assureensure occupancy by qualifying households in accordance with the following eligibility criteria. Orange County,North Carolina—Unified Development Ordinance Page 6-137 293 Article 6: Development Standards Section 6.19:Adequate Public Facilities: Schools (1) There are two Schools Adequate Public Facilities Memoranda of Understanding, hereafter referred to as"the MOUs"or"the MOU"as the context requires,each relative to one of the two school districts in the County. (2) Parties to the two agreements are as follows: (a) Chapel Hill-Carrboro School District- The Town of Chapel Hill,Town of Carrboro,Orange County,and Chapel-Hill Carrboro City Board of Education. (b) Orange County School District-Town of Hillsborough,Orange County, and Orange County Board of Education. (B) For purposes of this Section,the terms"building capacity"and"school membership" shall have the same meaning attributed in the MOUs. (C) The Chair of the Board of County Commissioners or any member temporarily acting as Chair may,in his or her official capacity,administer oaths to witnesses in any hearing before the Board of County Commissioners concerning a special exception or an appeal of School District denial of a CAPS. 6.19.3 Applicability (A) The provisions of this Section shall apply to the entirety of the County lying outside of the following: (1) The municipalities therein, (2) The extraterritorial planning jurisdiction,if any,of the municipalities therein and (3) The Joint Planning Area Transition Area,if any,of the municipalities therein. (B) The Chapel Hill-Carrboro School District and the Orange County School District are each declared an overlay district in order to implement Schools Adequate Public Facilities as prescribed in this Section.Within the Chapel Hill-Carrboro School District Overlay District and within the Orange County School District Overlay District,the provisions of this Section apply. 6.19.4 Service Levels (A) As provided in the MOUs,adequate service levels for public schools shall be deemed to exist with respect to a proposed new residential development if,given the number of school age children projected to reside in that development,and considering all the factors listed in the MOU,projected school membership for the elementary schools,the middle schools,and the high schools within the School District will not exceed the following percentages of the building capacities of each of the following three school levels: SCHOOLTABLE 6.19.4.A: Elementary School 105% Middle School 107% High School 110% 6.19.5 Certificate of Adequate Public School Facilities (A) Subject to the remaining provisions of this Article,no approval of a site plan,special use permit,a major subdivision preliminary plat or a minor subdivision final plat for a residential development shall become effective unless and until a Certificate of Adequate Public School Facilities(CAPS)for the project has been issued by the School District. (B) A CAPS shall not be required for a geR8ral 6i&econventional or conditional district rezoning or special use rezoning or for a master land use plan. However,even if a Orange County,North Carolina—Unified Development Ordinance Page 6-139 294 Article 6: Development Standards Section 6.21:Flood Regulations encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Floodplain Administrator before issuance of floodplain development permit. (b) If FEMA has approved a Conditional Letter of Map Revision(CLOMR), then a Letter of Map Revision(LOMR)must also be obtained upon completion of the proposed encroachment. (c) No manufactured homes shall be permitted. (D) Subdivisions,Manufactured 149Home Parks,and Major Developments All subdivisions,ma^ fo f red home parks,and major development proposals located within SFHAs shall: (1) Be consistent with the need to minimize flood damage. (2) Have public utilities and facilities such as sewer,gas,electric,cable,and water systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood hazards. (4) Have provided all Base Flood Elevation(BFE)data adopted by reference per Section 1.1.3 of this Ordinance. (E) Effect Upon Outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans,construction,size,or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance;provided,however,that when construction is not begun under such outstanding permit within a period of six months subsequent to passage of this Ordinance or any revision thereto,construction or use shall be in conformity with the provisions of this Ordinance. (F) Enforcement The provisions of the SFHA shall be enforced in accordance with the requirements contained within Section 9.7 of this Ordinance. 149 The use type was changed to"Home Parks"when amendments were made in 2018 to allow recreational vehicles as temporary uses. Orange County,North Carolina—Unified Development Ordinance Page 6-151 295 Article 7: Subdivisions Section 7.3:Phasing of Subdivisions (b) The use of the lot(s)is in conformity with applicable zoning requirements, and (c) A permanent means of ingress and egress is recorded for each lot. 7.2.3 Major Subdivisions (A) A major subdivision is any subdivision that is not an Exempt or Minor subdivision,as classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further classified as follows: (1) Standard Major Subdivision, tandard All subdivisions not classified as an Exempt Subdivision; Minor Subdivision; Major Subdivision,-Conditional Districts (2) Major Subdivision,Class A SpeGial Use,Rural Designated A tra..t of land in a Rum'ner.i Rated aFea n the GrAy& MRRagement System .,that as prGpesed for a --hd'yisien of 71_40 I.,ts (33) Mao Subdivision,, Class A Speslal Use,Urban Designated A tract of land in n I Irhan necionated aFea n the(_roMh NA a naoew.ent System n that is prepesed fer a i bdiyis-ion of 71_70 Into (4) Major Subdivision,r,�Conditional Use,Rural Designated A tract of land in a O,iral neoionated aFea n the!_mMh Management SyStem (5) Ma:,F Subdivision Conditional Use UFban Designated A tract o .t f lan in n I Irhan necionated area OR the Growth Management System rnan that as proposed for a --hrliyisien of 80 Ar mare lets (2) Maior Subdivision,Conditional Districts15o A tract of land that is proposed for subdivision into 21 or more lots. (B) For the purpose of determining whether a subdivision is a Major Subdivision,S4ass A eneGial Use(RuFal nesi Rated or Urban neSi nated4jtandard;or a Major Subdivision, Conditional UsA-- District(Rural Designated or Urban nesi nated),the number of lots created shall be determined by counting the cumulative number of lots created,through subdivisions,on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of November 5,2003. SECTIONOF :D • A major subdivision may be developed in phases,provided that: (A) Each phase contains at least five lots,unless depicted on a phasing plan approved by the Board of County Commissioners as part of the preliminary subdivision plat with the express determination that the proposed phasing makes it unlikely that a subdivider would willingly abandon a final phase that contains a required extension of a road or other infrastructure; (B) The degree and extent of road,water supply,sewage disposal,stormwater management,erosion and sedimentation control,and other required improvements in the phase and previously approved phases is sufficient to serve or handle all development within the phase; iso Rather than having multiple"levels"of subdivisions,use of the proposed conditional districts simplifies the subdivision review/approval process by having any subdivision of 21 or more lots be approved as a conditional district. 21 or more lots is the existing cut-off for not being considered a"standard"maior subdivision. Orange County,North Carolina—Unified Development Ordinance Page 7-3 296 Article 7: Subdivisions Section 7.11:Recreational Facilities (B) In all cases,the Recreation and Parks Addis^~"Parks and Recreation's' Council shall review and make recommendations to the Planning Board and Board of County Commissioners on the provision or dedication of recreation and/or open space areas. (C) This public Recreational Facilities requirement is in addition to any requirements for privately held passive or active Common Open Space areas. 7.11.2 Area Requirements (A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan,except where land is located within a Special Flood Hazard Area and/or is characterized by steep slopes(15%or greater),then at least 1/20 of an acre of such land shall be dedicated for each dwelling unit. (B) If the application of the provisions of Article 3(Required Minimum Recreation Space Ratio,as shown on the table of each zoning district)and Section 6.3(Land Use Intensity System)of this Ordinance results in a greater amount of land,then the difference between the application of the standards above and those of the referenced Articles shall be established as private recreation for the use of the residents of the development. (C) The total land area dedicated as part of a nonresidential subdivision shall be determined by an analysis of the site,the use(s)to be located thereon and the designation of recreation and/or open space sites as shown on the adopted Comprehensive Plan. (1) The site analysis shall be prepared by the subdivider and shall identify in written and graphic form those areas characterized by: (a) Steep slopes(15%or greater), (b) Special flood hazard areas and wetlands, (c) Rock outcroppings, (d) Mature woodlands(trees of 18 inches or greater in diameter), (e) Existing structures and cemeteries,and (f) Lakes,ponds,rivers and other water resources. (2) A written and graphic description shall also be submitted by the subdivider which identifies: (a) The proposed use of each lot in the subdivision, (b) The approximate amount of building and parking coverage for each lot, and (c) The approximate number of employees associated with each use. (3) In no case shall the total land area be less than that required by application of the provisions of Article 3(Required Minimum Pedestrian/Landscape Ratio,as shown on the Table of each zoning district)and Section 6.3(Land Use Intensity System)of this Ordinance. 7.11.3 Site Suitability (A) Land provided or dedicated for active recreational purposes shall be of a character, slope,and location suitable for use as for play areas,tennis courts,multi-purpose courts, picnic areas,ball fields,and other similar recreation uses. 1..Update to current name, Orange County,North Carolina—Unified Development Ordinance Page 7-31 297 Article 7: Subdivisions Section 7.11:Recreational Facilities (B) Active recreation areas shall be located on land that is relatively flat(0 to 7-1/2% slopes),free of wetlands and/or flood plains,free of easements for public utility transmission lines,and is otherwise capable of accommodating active recreation uses. (C) Land provided or dedicated for low impact recreation and open space purposes shall be of a character,slope,and location suitable for use for walking,jogging, reading and similar quiet activities,and the preservation of natural features and cultural resources such as steep slopes, rock outcrops, native plant life and wildlife cover, mature woodlands,and water resources. (D) In all cases,active and low impact recreation sites as well as open space areas designated in the adopted Comprehensive Plan shall be incorporated into the design of the subdivision. (E) Criteria for evaluating the suitability of proposed recreation areas shall include but not be limited to the following: (1) Location (a) Land dedicated for recreation purposes shall be located so as to serve the needs of the residents of the subdivision and the residents of the immediate neighborhood within which the subdivision is located. (b) As approved by DEAPR,the Orange County Parks and Recreation SoardCouncil,and BOCC, land dedicated for public recreation purposes shall also maintain logical access to other private Common Open Space areas. (c) Recreation areas shall be located so as to provide, insofar as possible, reasonable accessibility to all residents of the subdivision and residents living in the immediate neighborhood. (d) Recreation areas shall be located where more land more suited for recreational purposes due to shape,level slopes and/or dry soil conditions is present. (e) Where proposed park sites are shown in the adopted Comprehensive Plan,and a subdivision contains a portion of the park site,then the developer may be required to locate the recreation area in accordance with the park site as shown thereon. (2) Unity (a) Land dedicated for recreation purposes shall be a single parcel except where it is determined that two or more parcels are suited to the needs of a particular subdivision. (b) The Planning Department and/or Planning Board may recommend,and the Board of County Commissioners may require,the dedication of a connecting path in addition to the land required in Section 7.11.2 above. (i) Where a connecting path is necessary,a path right-of-way of up to 50 feet in width may be required, but in no case shall the path right-of-way be less than 30 feet in width. (3) Accessibility (a) Land dedicated for recreational purposes shall have at least 50 feet of frontage on at least one street within the subdivision. (b) Where a recreation area is not accessible due to lot arrangement,the Planning Department and/or Planning Board may recommend,and the Board of County Commissioners may require,the dedication of connecting paths which link the recreation area with other streets within the subdivision(see figure below). Orange County,North Carolina—Unified Development Ordinance Page 7-32 298 Article 7: Subdivisions Section 7.11:Recreational Facilities PROVEMENTS RECOMMENDED RECOMMENDEDAGE GROUP . FACILITY SPACE AND DIMENSIONS ORIENTATION REQUIREMENTS 1 O'x52'with 2.5' clearance at both Long axis north- Senior Citizens Shuffleboard 570 sq.ft. ends south 2'clearance on both sides 6'square pitchers box Senior Citizens Horseshoes 240 sq.ft. Steel stakes 1" Long axis north- diameter,14"above south ground,spaced 40' apart 25'x55'playing area Long axis north- Senior Citizens Croquet Court 1,800 sq.ft. with 2.5"clearance south on all sides Minimum table Park Bench One picnic table dimensions—36'W x None other than Families Picnic Tables per 50 residents 72"L x 30"H provision of shading Adults Grills with Tables,benches, for picnic tables and Senior Citizens Trash 50 sq.ft.of land and other similar benches Receptacles per table facilities securely anchored to ground Minimum shelter dimensions—20'x30' with minimum often Families picnic tables and Picnic Shelter One open shelter accompanying Adults Structure None Senior Citizens per 60 residents benches located therein and securely anchored to ground Fireplace shall be installed at one end (E) Parking shall be constructed in accordance with the Standards contained in Section 6.9 of this Ordinance. 7.11.5 Method of Provision or Dedication (A) Public Recreation Area (1) Land dedicated for public recreation area as required by this Ordinance shall be designated on both the preliminary and final plat(s)of the subdivision and must be dedicated to an appropriate unit of local government. (2) Determination of the appropriate unit of local government shall be made by the Board of County Commissioners,upon recommendation from the ReGFeatien and Parks Advil- Parks and Recreation Council and the Planning Board. (3) Acceptance of the dedication may be one in trust if deemed appropriate by the Board of County Commissioners. (B) Private Recreation Area (1) Land provided for private recreation purposes must be conveyed to the trustees provided in an indenture establishing an association of homeowners. Orange County,North Carolina—Unified Development Ordinance Page 7-35 299 Article 7: Subdivisions Section 7.12:Flexible Developments (ii) Composition Sites chosen for Secondary Open Space Areas must have one or more of the following characteristics or uses: a. Woodlands Including forestland for the planting and production of trees and timber,where management practices such as selective timber harvesting and wildlife enhancement are employed.Such woodlands may consist of hardwood, pine,and/or mixed pine-hardwood forests identified as part of: i. LANDSAT satellite data collected and analyzed under the Albemarle-Pamlico Estuarine Study; ii. A site analysis conducted by a registered engineer,land surveyor,landscape architect, architect or land planner using aerial photographs and/or satellite imagery; iii. A required environmental assessment or environmental impact statement;and/or iv. An independent site study conducted by a trained botanist and/or forester. b. Farmland i. Prime agricultural land as identified by the U.S.D.A.Soil Conservation Service in"Important Farmlands:Orange County,N.C."and which is in active use for the production of crops and/or the raising of livestock is particularly encouraged. ii. Farmland also includes space on individual lots used for gardens,ponds,horse paddocks and barns,and similar uses. C. Slopes of 15%to 25% Slopes that require special site planning due to their erosion potential,limitations for septic tank nitrification fields,and terrain or elevation changes.Such areas may be suitable for building, but higher site preparation and construction costs are to be expected. d. Other Historic and/or Archaeological Sites As identified from the same sources as for Primary Open Space Area sites(see 7.12.3(C)(1)(d)MLe) 52 above). e. Public and/or Private Recreation Areas and Facilities Including: i. "Active recreation areas"such as public recreation areas,including district and community parks as identified in the master recreation and parks plan;and private recreation facilities,including golf courses,playing fields, playgrounds,swimming pools and courts for tennis,basketball,volleyball and similar sports. 152 Correct reference. Orange County,North Carolina—Unified Development Ordinance Page 7-42 300 Article 7: Subdivisions Section 7.12:Flexible Developments (3) If the residential lots are proposed to be served by septic systems,the"Yield" plan shall show soil suitability for individual septic tanks by a preliminary soil suitability analysis performed in the field on at least 50%of the proposed lots with all of the proposed lots located on a map showing the location of soil types suited for septic systems based on the Orange County, N.C.Soil Survey.The soil suitability analysis and map shall be prepared by a Soil Scientist in consultation with the Soil Scientist of the Environmental Health Division of the Orange County Health Department. (4) The number of lots achieved through the preparation of a Conventional Subdivision or"Yield"Plan is the number of lots which must be used in preparing the Flexible Development Plan.The number of lots may not be increased through the proposed use of an alternative or community sewage disposal system. Increases are permitted,however,at the Preliminary Plan stage where a more detailed soils analysis clearly demonstrates that a greater number of lots is achievable than shown on an approved Concept Plan. (B) Design Process Flexible Development subdivisions shall be designed around both the Primary and Secondary Open Space Areas,which together constitute the total required open space. The design process should therefore commence with the delineation of all potential open space,after which potential house sites are located. Following that,access road alignments are identified,with lot lines being drawn in as the final step. This"four-step"design process is further described as follows: (1) Open Space Designation (a) All potential Open Space Areas,both Primary and Secondary,shall be identified using a site analysis map as described in Section 7.1-413.2(A)(3).153 (b) Primary Open Space Areas shall consist of those features described in Section 7.12.4. (c) Secondary Open Space Areas shall comprise at least half of the remaining land and shall include the most sensitive and noteworthy natural,scenic,and cultural resources as described in Section 7.12.4. (d) Guidance as to which parts of the remaining land to classify Secondary Open Space Areas shall be based upon on-site visits and the criteria contained in Section 7.12.4. (2) House Site Location (a) Potential house sites shall be tentatively located. (b) The proposed location of houses within each lot represents a significant decision with potential impacts on the ability of the development to meet the criteria contained in Section 7.12.4. (c) Generally, house sites should be located no closer than 100 feet from Primary Open Space Areas. (d) House sites may be situated 50 feet from Secondary Open Space Areas to permit the enjoyment of scenic views without negatively impacting Primary Open Space Areas. (3) Street and Lot Layout (a) Proposed streets shall be aligned to provide vehicular access to each house in the most reasonable and economical manner. ...Correct reference. Orange County,North Carolina—Unified Development Ordinance Page 7-55 301 Article 7: Subdivisions Section 7.12:Flexible Developments (1) A density increase is permitted where more than 33%of the total land area in the Flexible Development is set aside as protected open space.The amount of the density increase shall be based on the following standard: (a) For each additional acre of protected open space provided in the Flexible Development,one additional building lot or dwelling unit is permitted. (2) In lieu of providing additional open space in the Flexible Development,the applicant may purchase in fee simple or less than fee(e.g.,development rights) land separate from the Flexible Development which is comprised of Primary and/or Secondary Open Space Areas as defined in Section T43-31Tl 4(C)154 The amount of the density increase shall be based on the following standards: (a) For each five acres of Primary Open Space Area preserved off-site,one additional building lot or dwelling unit is permitted. (b) For each two acres of Secondary Open Space Area preserved off-site in areas which require a two-acre minimum lot size,one additional building lot or dwelling unit is permitted. (c) For each one acre of Secondary Open Space Area preserved off-site in areas which require a 40,000 square foot minimum lot size,one additional building lot or dwelling unit is permitted. (3) Land purchased in fee may be dedicated to Orange County. For land purchased in less than fee,a conservation easement dedicated to Orange County shall be recorded which restricts the development potential of the land. (4) Location of Open Space Bonus Units Density increases to encourage additional open space are limited to Flexible Developments proposed in the following locations: (a) Within Transition Areas as designated in the Land Use Element of the Comprehensive Plan.Within such areas,the maximum permitted density is 2.5 dwelling units per acre unless the applicant obtains approval of a zoning district classification which permits a higher density. (b) Outside of Transition Areas but within an area designated for service by a utility provider as part of an adopted long-range water and/or sewer extension plan.Within such areas,the maximum permitted density is 1.3 dwelling units per acre. (c) Outside of Transition Areas but within 3/4 of a mile of an interstate corridor or a major thoroughfare designated as a high occupancy vehicle (HOV)/busway route as part of an adopted regional transit plan.Within such areas,the maximum permitted density is 2.5 dwelling units per acre. (d) Outside of Transition Areas but within 1/2 mile of a transit station designated as part of an adopted regional transit plan.Within such areas,the maximum permitted density is five dwelling units per acre. Within these locations,public water and sewer service may be extended, provided the applicant can demonstrate that such service is necessary to serve the density increases achieved through the use of the bonus option(s)described above. 7.12.11 Additional Submittal Requirements In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary Plats or Minor Subdivision Final Plats,applications must: 154 Correct reference. Orange County,North Carolina—Unified Development Ordinance Page 7-59 302 Article 7: Subdivisions Section 7.13:Specifications for Plat Drawings (c) The date of preparation, (d) The Parcel Identification Number(PIN)number(s)of the lot(s)subject to the application, (e) The proposed property lines for each lot, (f) Common Open Space lots,including type and acreage, (g) A Site Analysis Map as outlined in UDO 7.13.2(A)(3)below, (h) The delineation of any known and required stream buffers on the proposed lot(s), (i) The proposed method for ingress and egress including a description of how each lot will be afforded access, (j) A narrative detailing the development of all proposed roadways, (k) A private road justification, if required under Section 7.8,and (1) Any other reasonable relevant information. (B) Final Plat Final plats shall adhere to the specifications contained in Section 7.1-413155.3. 7.13.2 Major Subdivisions (A) Concept Plan (1) In General (a) The required Concept Plan for Major Subdivisions consists of three parts: (i) A Site Analysis Map; (ii) A Conventional Subdivision Option;and (iii) A Flexible Development Option. (b) The Concept Plan shall be prepared according to the"four-step"process for designing Flexible Development subdivisions,as described herein. (c) The Concept Plan shall be drawn in black ink or pencil to a scale of not less than 200 feet to the inch.The scale chosen shall be large enough to show all required detail clearly and legibly. (2) Required General Information Each Site Analysis Map and Development Option shall contain the following general information: (a) A sketch vicinity map showing the location of the subdivision in relation to the existing street or highway system; (b) The plotted boundaries of the tract from deeds or maps of record and the portion of the tract to be subdivided; (c) The total acreage to be subdivided,including tax map, block and lot number reference; (d) The name,address and telephone number of the subdivider or owner and the person responsible for the subdivision design; (e) Scale,approximate north arrow and date of plat preparation;and (f) Name of subdivision. ...Correct reference. Orange County,North Carolina—Unified Development Ordinance Page 7-61 303 Article 8: Nonconformities Section 8.4:Non-Conforming Uses Incompatible with Permitted Uses (10) When it appears from the developer's plans or otherwise that the non-conforming project was intended to be or reasonably could be completed in stages, segments,or other discrete units,the Planning Director shall not allow the non- conforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to allow the developer to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that non-conforming project. SECTION • USES It is the intent of this Ordinance that non-conforming uses shall be considered to be incompatible with the Permitted Uses within the zoning districts. Such non-conforming uses shall not be enlarged or extended in any respect. SECTION 8.5.1 Timeframe for Abatement It is the intent of this Ordinance to regulate signs and to provide for the removal of signs that are non- conforming according to the standards set forth in Section 6.12. For signs in existence on the date of adoption of this Unified Development Ordinance(April 5,2011): (A) Within one year of notification by the Planning Director,each sign which does not comply with the provisions of Section 6.2.10 shall either be altered in such a way as to bring it into compliance or removed. (B) Within five years of notification by the Planning Director,all other signs not in compliance with other provisions of 6.12 shall either be so altered as to bring them into compliance or be removed by the owner of the property. SECTION Any land use that: (A) Was in existence prior to adoption of zoning regulations and would require the issuance of a Special Use Permit under terms of this Ordinance,or (B) Is made non-conforming due to an amendment of this Ordinance changing the review and approval criteria of said land use from permitted to P ther a Glass 4 or R^ R Special Use. Shall be deemed a conforming use of property within the confines of this Ordinance,subject to the following limitation: Any enlargement,replacement or modification of such a use shall require submittal, review,and approval of a Special Use Permit application as though it were a new use. SECTION • (A) Lot(s)created in conformity with the standards existing and enforced by the County at the time of its creation shall be allowed to be developed in accordance with the provisions detailed herein. (B) Lots made non-conforming through a rezoning of property shall be allowed to be developed in accordance with the provisions detailed herein. (C) A one-family detached dwelling and customary accessory structures may be erected, occupied and used on a separate non-conforming lot of record in accord with other requirements applying in the zoning district in which the lot is located. (D) Lots created in violation of the review and approval procedures detailed herein shall not be recognized or permitted to be developed. Orange County,North Carolina—Unified Development Ordinance Page 8-3 304 Article 9: Enforcement Section 9.4:Administration of Performance Standards (E) Any other person who participates in,assists,directs,creates,or maintains a situation that constitutes a violation of this Ordinance. 9.3.2 Charges and Entities (A) A violation may be charged against more than one violator. (B) For the purpose of this Article,the term"person"includes but is not limited to any individual,group of individuals,or any corporation,partnership,association,company, or business,trust,joint venture,or other legal entity. SECTION 9.4: ADMINISTRATION OF PERFORMANCE STANDARDS Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no sophisticated equipment to those requiring great technical competence and complete equipment for precise measurement. It is the intent of this Ordinance that: (A) Where determinations can be made by the Planning Director,using equipment normally available or obtainable without extraordinary expense. Such determinations shall be so made before notice of violation is issued. (B) Where technical complexity or extraordinary expense makes it unreasonable for the County to maintain the personnel or equipment necessary for making difficult or unusual determinations,procedures shall be available for causing corrections of apparent violations of performance standards,for protecting individuals from arbitrary, capricious,and unreasonable administration and enforcement of performance standard regulations,and for protecting the general public from unnecessary costs for administration and enforcement. SECTION • ' PROCEDURE 9.5.1 Responsibility for Enforcement The Planning Director shall enforce this Ordinance and the remedies authorized herein and shall have the authority to settle any violations that involve the payment of money to the governing body. 9.5.2 Inspections and Investigations (A) A program of inspections and investigations to determine compliance with this Ordinance and orders,plans,permits,certificates,and authorizations issued under this Ordinance,is hereby authorized. (B) Upon receipt of a complaint or other information suggesting a violation of this Ordinance,the Planning Director shall investigate the situation and determine whether a violation exists in accordance with the provisions of this Ordinance. 9.5.3 Initial Notice of Violation (A) On determining that a violation exists,the Planning Director shall,whenever possible, make contact with the violator either in person or via telephone to discuss the violation and review the necessary steps to correct the violation. (B) The Planning Director shall give the responsible person(s)and the landowner,if the landowner is not the responsible person(s)' 6 written notice of the violation,either in persen,or by^e.+lfled or registered mail return re by personal delivery,electronic delivery,or first class mail.~^^ ested e GOPY of the notice shall also he sent by reg Jar mall. Service shall he deemed c ff'c'ent if the notice by certified moil is unclaimed o Fefused,but the RE)tiGe by regulaF maul is not Fetumed by the POSt OffiGe within ten days "'New requirement in NCGS 160D-404 and conforming language to new requirements. Orange County,North Carolina—Unified Development Ordinance Page 9-2 305 Article 9: Enforcement Section 9.5:Enforcement Procedure after mailing, previded that a netiGe ef vielatien is pasted On a GenspiGuews plaGe en the premises s a#eGte '. The Planning Director shall certify that the notice was provided. (1) The notice shall: (a) Describe the nature of the violation and its location, (b) State the actions necessary to correct the violation, (c) Specify a reasonable time period in which the violation must be corrected, (d) State the remedies and penalties authorized herein that the Planning Director may pursue if the violation is not corrected within the specified time limit, (e) Invite the alleged violator to meet with the Planning Director to discuss the violation and how it may be corrected,and (f) Contain a statement indicating that the decision referenced within the notice can be appealed to the Orange County Board of Adjustment as detailed within this Ordinance. This statement shall include language indicating that the appeal must be filled within 30 days from the date of the initial notice and shall provide the deadline for the submittal of the appeal application. 9.5.4 Appeals (A) Any person aggrieved by the Planning Director's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Section 2.27 of this Ordinance, including payment of the appropriate fee. (B) Except as provided in Section 2.27,an appeal generally stays all further actions, including any accumulation of fines,157 to enforce a notice of violation,correction order, or Stop Work Order,until the Board of Adjustment has made a decision concerning the appeal. (C) Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to the Board of Adjustment. (D) As detailed within Sections 2.12 and 2.27,the Board of Adjustment shall hear the appeal and may affirm,modify,or revoke the Planning Director's determination of a violation. (E) If there is no appeal,the Planning Director's determination of the nature and degree of the violation are final. 9.5.5 Timeline for Abatement The time allotted to abate an identified violation shall be at the sole discretion of the Planning Director and shall be based upon what is deemed a reasonable amount of time to abate the identified violation. The following standards shall apply" (A) Within 30 days of receipt of an initial notice of violation,correction order,or Stop Work Order,the owner of the property on which the violation occurs may submit to the Planning Director a written request for extension of the specified time limit for correction of the violation. (B) The Planning Director shall assist individuals in the preparation of the written request for extension in cases where an individual(s)is/are unable to prepare a written request. (C) The Planning Director shall determine whether the time limit should be extended based on the information contained in the written request for extension. The Planning Director 1s7 Update to conform to new language in NCGS 160A-388. Orange County,North Carolina—Unified Development Ordinance Page 9-3 306 Article 9: Enforcement Section 9.6:Penalties,Remedies,and Enforcement Powers 9.6.2 Permit Revocation (A) In accord with the provisions of this Ordinance,the Planning Director,upon a written determination,may revoke any permit,certificate,or other authorization granted under this Ordinance for failure to comply with the provisions of this Ordinance or the terms and conditions of a permit or authorization granted under this Ordinance. {A}(1) Revocation of any permit or authorization shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing.is (B) Any permit,certificate,or authorization mistakenly issued in violation of State law or local ordinance,or issued on the basis of misrepresentations by the applicant,owner, or owner's agent may be revoked without such written determination. 9.6.3 Permit Denial or Conditioning (A) As long as a violation of this Ordinance remains uncorrected,the Planning Director may deny or withhold approval of any permit,certificate,or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. (B) The Planning Director may also condition a permit,certificate,or authorization on the correction of the violation and/or payment of a civil penalty,and/or posting of a compliance security. 9.6.4 Injunctive and Abatement Relief in Superior Court (A) A violation may be corrected by any appropriate equitable remedy,a mandatory or prohibitory injunction,or an order of abatement as authorized by NCGS 153A-123. (B) The Planning Director shall have the authority to execute an order of abatement if the violator does not comply with such order,and the costs of the execution shall be recovered by a lien on the property in the nature of a mechanic's or materialman's lien. 9.6.5 Criminal Penalties (A) Any person,firm or corporation who violates the provisions of this Ordinance or fails to comply with any of its requirements shall,upon conviction,be guilty of a Class 3 misdemeanor and shall be fined not more than a maximum of$500.00,imprisonment of up to 30 days,or both,for each violation,as provided in NCGS Section 14-4. (B) The Planning Director may refer a violation to the District Attorney for institution of criminal prosecution of the alleged violator. 9.6.6 Stop Work Order (A) If a building or structure is erected,constructed, reconstructed,altered,repaired, converted,moved or maintained,or any building,structure or land is used in violation of a Stop Work Order,the Planning Director,in addition to other remedies,may institute any appropriate action or proceedings to prevent the unlawful erection,construction, reconstruction,alteration,repair,conversion,moving, maintenance or use,to restrain, correct or abate the violation,to prevent occupancy of the building,structure or lands, or to prevent any illegal act,conduct, business or use in or about the premises. (B) Notice of a Stop Work Order shall be in writing,directed to the person(s)conducting the violating activity and/or the property owner,and shall state the reasons for the issuance of the Order,and the conditions under which activity may be resumed. Notice shall be given by registered or certified mail,return receipt requested. A copy of the notice shall also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused,but the notice by regular mail is not returned by the post office within ten days after mailing. Upon issuance of such Order,and posting iss New requirement in NCGS 160D-403 f Orange County,North Carolina—Unified Development Ordinance Page 9-6 307 Article 9: Enforcement Section 9.6:Penalties,Remedies,and Enforcement Powers of same on the site of the violation,all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. (C) The person(s)conducting the violating activity and/or the property owner may appeal the Stop Work Order to the Board of Adjustment pursuant to Section 2.27 of this Ordinance. 9.6.7 Civil Penalty (A) The Planning Director may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided in this subsection. If the violator does not pay the penalty,the Planning Director may collect it in a court through a civil action in the nature of a debt. (B) Notice The Planning Director shall give the responsible person(s)and the landowner,if the landowner is not the responsible person(s),written notice of the civil penalty citation, either by personal delivery, electronic delivery,or first class mail in person or by^ertifio.d er registered mail,return PeGeipt requested. When.-;erv.r-e is made by Gertified maila. penalty Git tieR,s este l inGeRSP!GUG61S.,laGe en the premises afr,,,ted The notice shall include a copy of the notice of violation,the amount of the penalty,information about where to pay the penalty,the deadline for payment,which shall be ten days from the date of the notice,and the possibility of civil and/or criminal enforcement. The Planning Director shall certify that the notice was provided.159 (C) Penalty Amount The Planning Director may impose a penalty of$500.00 per day of violation. (1) For purposes of assessing the amount of a civil penalty,each day the violation remains uncorrected after receipt of the final notice of violation,correction order, Stop Work Order,or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement,shall constitute a separate violation that subjects the violator to additional civil penalties. (D) Settlement of Claims The Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and/or an order of abatement. (E) Continuing Violations (1) The Planning Director may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. (2) An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. (3) If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation,the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. ...Conforming language to new requirements. Orange County,North Carolina—Unified Development Ordinance Page 9-7 308 ARTICLE 10: DEFINITIONS SECTION 10.1: DEFINITIONS For the purpose of this Ordinance,certain terms and words are herein defined and interpreted. The order of priority for defining and interpreting terms and words shall be: 1)as defined here in this Article,2)as defined within the text of this Ordinance,3)as defined in NCGS Chapter 160D,and 4)as defined by a dictionary or common usage. Those terms and words defined in this Article are as follows: AASHTO American Association of State Highway and Transportation Officials. Accessory Structure A structure that is located on the same lot as a principal structure and houses an accessory use. Accessory Use An activity that may or may not be listed in the Permitted Use Table,which is conducted in conjunction with a permitted principal use,but constitutes only an incidental or insubstantial part of the total activity that takes place on the lot and is customary and ancillary to the established principal use of property. Accessory uses shall comply with all setback requirements for the district in which the use is located. For example,an in-ground swimming pool is required to meet all applicable setbacks including any required fencing around the physical pool,the concrete walkway around the pool,and any pump or utilities associated with the operation of the facility. Addition In the context of an existing building or structure,the term means an extension or increase in the floor area or height. Adult Arcade Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically,electrically,or mechanically controlled still or motion picture machines,projectors,or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time,and where the images so displayed are distinguished or characterized by the depicting or describing of Specified Sexual Activities or Specified Anatomical Areas. Adult Bookstore A bookstore: (a) Which receives a majority of its gross income during any calendar month from the sale or rental of publications(including books,magazines,other periodicals,videotapes,compact discs,other photographic,electronic,magnetic,digital,or other imaging medium)which are distinguished or characterized by their emphasis on matter depicting,describing,or relating to Specified Sexual Activities or Specified Anatomical Areas,as defined in this article;or (b) Having as a preponderance(either in terms of the weight and importance of the material or in terms of greater volume of materials)of its publications(including books, magazines,other periodicals,videotapes,compact discs,other photographic,electronic,magnetic,digital,or other imaging medium)which are distinguished or characterized by their emphasis on matter depicting,describing,or relating to Specified Sexual Activities or Specified Anatomical Areas. Adult Cabaret A nightclub,bar, restaurant,theater,concert hall,auditorium or similar commercial establishment that for at least ten percent of its business hours in any day features: (a) Persons who expose a Specified Anatomical Area;or (b) Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities;or 309 Article 10: Definitions Section 10.1:Definitions Built-Upon Area That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement,gravel areas(e.g.roads, parking lots, paths),recreation facilities(e.g.tennis courts) etc.(Note:Wooden slatted decks and the water area of a swimming pool are considered pervious.) Building Wall Any vertical surface of a building or structure(other than a pitched roof)that is integral to and could reasonably be constructed as part of the architecture of the building when a sign(s)are not being contemplated. Examples of building walls include but are not limited to:awnings,canopies,marquees, the vertical portion of gable roofs, parapets, mechanical penthouses,etc. Camp A recreation use which may include locations for tents,cabins,or other recreational sleeping structures, but would not include mobile homes or recreational160 vehicles. A camp may be owned by a profit or not- for-profit corporation. Canal See"Ditch." Canopy, Service Station A structure made of metal,aluminum,or other material intended to be free standing or affixed to a building that serves as an overhang intended to shield persons from the elements while using the service station. Center in a Residence Use type located within a residence offering temporary care to clients, including children,adolescents, and adults,for no more than eight hours in a 24 hour period. Cessation of Use For purpose of this Ordinance the term shall mean the vacancy,discontinuation,or abandonment of the use of a structure or parcel of property. A use shall not be considered ceased if the use is being marketed for sale or other forms of conveyance and documentation of such activities is provided. Channel A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. Channel, Effluent A discernable,confined,and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water. Chemical storage facility A building,portion of a building,or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Child Care A program or arrangement where three or more children less than 13 years old,who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours per day from persons other than their guardians or full-time custodians,or from persons not related to them by birth,marriage,or adoption. Child care does not include the following: a) Arrangements operated in the home of any child receiving care if all the children in care are related to each other or no more than two additional children are in care; ...correct language to how it's used/defined in the UDO. Orange County,North Carolina—Unified Development Ordinance Page 10-5 310 Article 10: Definitions Section 10.1:Definitions b) Recreational programs operated for less than four consecutive months in a year; c) Specialized activities or instruction such as athletics,dance,art,music lessons,horseback riding, gymnastics,or organized clubs for children,such as Boy Scouts,Girl Scouts,4-H groups,or boys and girls clubs; d) Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible,such as drop- in or short-term care provided in health spas, bowling alleys,shopping malls,resort hotels,or churches; e) Public schools; f) Non-public schools described in Part 2 of Article 39 of Chapter 115C of the North Carolina Statutes that are accredited by the Southern Association of Colleges and Schools and that operate a child care facility as defined under Child Care Facility for less than six and one-half hours per day either on or off the school site; g) Bible schools conducted during vacation periods; h) Care provided by facilities licensed under Chapter 110,Article 7 of the North Carolina General Statutes; i) Cooperative arrangements among parents to provide care for their children as a convenience rather than for employment;and j) Any child care program or arrangement consisting of two or more separate components,each of which operates for four hours or less per day with different children attending each component. 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 110-86(2),that provides child care. a) A child care center is an arrangement where,at any one time,there are three or more pre-school children or nine or more school-aged children receiving child care. b) A family child care home is a child care arrangement located in a residence where,at any one time,more than two children,but fewer than nine children, receive child care. Chemical Manufacturing and Processing— Pharmaceutical and Medicine 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 Medicine A land use involved with the transformation of organic and inorganic raw materials by various processes for the formulation of non-pharmaceutical and non-medical products including the creation of base chemicals,dyes,gasses,resins,etc. Club or Lodge An assembly land use,operated by a non-profit group,for members and guests. Cluster Development A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by-lot development,yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open space and/or recreation space. Cold Storage Facility A facility used to warehouse perishable foods and products prior to transport. Commercial-Industrial Transition Activity Node Land Land designated in the Comprehensive Plan as being near major transportation routes that-and which could be provided with public water and wastewater services and which is appropriate for retail and other Orange County,North Carolina—Unified Development Ordinance Page 10-6 311 Article 10: Definitions Section 10.1:Definitions commercial uses;manufacturing and other industrial uses;office and limited(not to exceed 25%of any Node)higher density residential uses.161 Commercial Transition Activity Node Land Land designated in the Comprehensive Plan as being162 focused on designated road intersections within either a 10-or 20-year Ttransition Aarea that is appropriate for retail and other commercial uses. Common Area A portion of a development not attributed to an individual lot or owner that is designed for the common usage of the subdivision or development.These areas include Common Open Spaces,entry features, subdivision facilities,mail kiosks,sidewalks,parking lots,and walkways.Construction and maintenance of such areas is the responsibility of the homeowner'/property owners'association. Common Open Space Privately held land area set aside,dedicated,owned,and maintained for common use,access,and enjoyment of multiple owners.This type of open space is held within a defined lot or a defined easement area. It may be either restricted to the owners via homeowner'/property owners'association(HOA/POA), or open to others as specified by the association. • Primary Open Space These areas have sensitive environmental features and/or significant cultural resource areas,which may make them legally or practically unbuildable.These areas are reserved for passive uses(e.g., forests,pastures,meadows)and low impact active uses(e.g.,trails,natural observation). • Secondary Open Space Secondary Open Space Areas have fewer restrictions with regard to location,allow more flexibility to improve overall open space design,and have more active uses(e.g.,community gardens, playgrounds). • Active Open Space A subset or category of open space that defines the type and/or intensity of its use.Active areas are typically built areas and most often contain equipment and/or infrastructure.They are also frequently used by the residents.Examples include:trails,community gardens,and recreation fields,plays areas,pocket parks,and ball courts. • Passive Open Space A subset or category of open space that defines the type and/or intensity of its use. Passive areas are typically undisturbed,conserved areas that have little to no direct physical human interaction within that portion of the open space. • Utility Open Space A subset or category of open space that defines the type and/or intensity of its use. Utility areas are typically open but contain public and/or private utilities and services. Examples include utility lines or easements(e.g.,water,sewer,gas,power),septic drain fields,and repair areas.Additional recreation use of these areas is typically limited based on the type of utility requirements that are in place. Community Center An assembly land use operated by a non-profit group,offering social,recreational,or educational activities as a non-commercial activity. Community Farmers' Market 161 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 162 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 10-7 312 Article 10: Definitions Section 10.1:Definitions An enclosed or open-air facility for the retail sale of locally produced vegetables,flowers,meats, commodities,plants,crafts,etc. For the purpose of this definition,'local'means Orange County and counties that share a border with Orange County. Composting Operation A facility designed and used for transforming food,yard waste and other organic material into soil or fertilizer through biological decomposition.This does not include backyard composting bins serving individual families. Comprehensive Plan An internally consistent and compatible statement of policies for the long term,physical development of that portion of Orange County under County jurisdiction,consisting of a statement of development policies and maps and text setting forth objectives,principles,standards and plan proposals for physical development. The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County such as a township,a watershed or an interstate highway interchange. Technical information and/or task force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix of or as a supplement are also considered part of the Comprehensive Plan. Concentrating Solar Thermal (CST) Devices Systems that use lenses or mirrors,and often tracking systems,to focus or reflect a large area of sunlight into a small area.The concentrated energy is absorbed by a transfer fluid or gas and used as a heat source for either a conventional power plant,such as a steam power plant,or a power conversion unit, such as a sterling engine.Also known as Concentrated Solar Thermal(CST). Concrete Processing, Preparation, and Distribution A land use primarily engaged in the following: (a)Manufacturing portland, natural,masonry, pozzolanic,and other hydraulic cements; (b)Batch or mixing plants; (c)Manufacturing of concrete pipe,brick,and block;or (d)Manufacturing other concrete products. Conditional DmstroGts plaGed iR a Genditional distriAt Anly upon petition of all of the owners of the land te 138 iRGluded;said petition must be approved following the PrOGedures set forth in Section 2.9 of this Ordinance. Conditional Use DistriGt (GLLD) A floating zoning district that has no permitted uses. Applications for a CUD must link the CUD to a Use Permit;see Centienc 7 0 1 and 3 8 Conditional Zoning District(GZB) A GpeGifiG zoning district with specific permitted uses,as detailed within this Ordinance—and as authorized by NCGS 160D-703. The imposition of mutually agreed upon individualized development conditions is allowed as part of the legislative rezoning process. Controlled Access Highway A state or city highway,or section thereof,especially designed for through traffic and over,from,or to which highway owners or occupants of abutting property,or others,shall have only controlled right of easement of access. For the purposes of this Ordinance,Controlled Access Highway shall be Interstate 85, Interstate 40,and any area located within the Major Transportation Corridor(MTC)overlay district. Orange County,North Carolina—Unified Development Ordinance Page 10-8 313 Article 10: Definitions Section 10.1:Definitions General UseConventlonal Zoning Dlstrlct163 The various zoning districts contained in Article 3 of this Ordinance that are not Conditional Districts. Conditions cannot be applied to gGReral u&econventional zeRing districts. Converted Paper Product Manufacturing, Assembly, and Processing Land uses involved with the converting of paper or paperboard into finished products.Use does not involve the actual manufacturing of paper or paperboard material on-site. Cooperative Farm Partner A local farmer or producer of agricultural products who forms a business arrangement with other local farmers and/or producers to collectively process, market,and/or sell agricultural goods. For the purpose of this definition,"local'means Orange County and counties that share a border with Orange County. Cooperative Farm Stand An open-air facility for the retail sale of produce,agricultural products,and/or plants produced on-site and from not more than 4 other cooperative farm partners. Country Store An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of merchandise,which must include locally produced products. For the purpose of this definition,"local' means Orange County and counties that share a border with Orange County. County Orange County Government. Custodial Care A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in meeting personal rather than medical needs,which is not intended to provide specific therapy as the result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that does not require the continuing attention or supervision of trained, medical,or paramedical personnel. Cutoff Fixture An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5%of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Day Care Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents,grandparents,aunts,uncles,brothers and sisters who are not minors,guardians or full time custodians. Day Care Facility Any day care center or child care arrangement that provides day care for more than five children,not including the operator's school age children,under the age of 13,on a regular basis of at least once per week for more than four hours but less than 24 hours per day,and those operating fewer than four hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center,regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: a) Public schools; b) Non-public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; c) Summer camps having children in full-time residence; d) Bible schools conducted for no more than three weeks during vacation periods;and ...The standard term has been changed in NCGS 160D-703. Orange County,North Carolina—Unified Development Ordinance Page 10-9 314 Article 10: Definitions Section 10.1:Definitions e) Cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Dedication A gift,by the owner,of land for a specified purpose,or purposes. Because a transfer of property is entailed,dedication must be made by written instrument and is completed with an acceptance. Designated Public Sewer Service Area An area located within Orange County's Primary Service Area in the Water and Sewer Management, Planning,and Boundary Agreement,that is currently served by public sewer or is expected to be served by public sewer in the near-term(e.g., 18 months;demonstrated by issuance of an advertisement for bid, or similar device,for construction of public sewer facilities). Detention Pond A engineered stormwater control consisting of a pond constructed and maintained in accordance with Appendix A of this Ordinance,which allows for pollutants to settle and provides for the gradual release of the impounded water. The detention pond is the Best Management Practice which must be used within protected watersheds when engineered stormwater controls are required. (See also,Best Management Practices and Engineered Stormwater Controls) Development Any constructed change to improved or unimproved real estate,including, but not limited to,buildings or other structures,mining,dredging,filling,grading,paving,excavation or drilling operations,or storage of equipment or materials. Also includes any land-disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. Development Activity In the context of property encumbered by Special Flood Hazard Area this term includes any activity defined as Development which will necessitate a Floodplain Development Permit. This includes buildings,structures,and non-structural items,including but not limited to:fill,bulkheads,piers, pools, docks,landings,ramps,and erosion control/stabilization measures. Development, Existing In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit, shall be defined as those projects that are built,or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of Orange County's Water Supply Watershed Protection Ordinance,or such earlier time that other Orange County ordinances shall specify, based on at least one of the following criteria: a) Substantial expenditures of resources(time,labor,money)based on a good faith reliance upon having received a valid Orange County approval to proceed with the project,or b) Having an outstanding building permit in compliance with G.S. 153A-344.1160D-102 or G.S. 160A 3854160D-108,or c) Having an approved site specific vesting plan or multi-phased development plan in compliance with G.S. 163A-344 1160D-102 or G.S. 160A-2115 1160D-108. For projects that require a State permit,such as landfills,NPDES wastewater discharges,land application of residuals,and road construction activities,existing development shall be defined as those projects that are built or those projects for which a State permit was issued prior to August 3, 1992. Development Intensity Definitions (See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space,Open Space Ratio,Livability Space, Livability Space Ratio,Recreation Space, Recreation Space Ratio,Pedestrian/Landscaped Space,Pedestrian/Landscaped Space Ratio.) Orange County,North Carolina—Unified Development Ordinance Page 10-10 315 Article 10: Definitions Section 10.1:Definitions Development, Multi-phase164 in*tie Gp.n.text Pf vested F'Qhts a Fnult'phase devek,NTL-�A development containing 100 acres or more that(i)is submitted for site plan approval for construction to occur in more than one phase,and(ii) is subject to a master development plan with committed elements,including a requirement to offer land for public use as a condition of its master development plan approval. Note that"master development plan"is not the same as the master plan required as part of an MPD-CZ(Master Plan Development) application. pia.,DeVeIGVF.8R0. aliapi,,-eyal Digital Flood Insurance Rate Map(DFIRM) The digital official map of a community,issued by the Federal Emergency Management Agency(FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. Direct Light Light emitted directly from the lamp,off of the reflector diffuser,or through the refractor or diffuser lens,of a luminaire. Discharge The addition of any human-induced effluent either directly or indirectly to state surface waters. Discharge, Domestic Wastewater Sewage,unprocessed industrial wastewater,other domestic wastewater,or any combination of these items. Domestic wastewater includes,but is not limited to, liquid waste generated by domestic water using fixtures and appliances,from any residence, place of business,or place of public assembly,even if it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling water,seafood packing facility discharges,and wastewater from restaurants. Discharge, Industrial The discharge of industrial process treated wastewater or wastewater other than sewage.Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes: a) Wastewater resulting from any process of industry or manufacture,or from the development of any natural resource; b) Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes,but not wastewater from restaurants;or c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program. Disposal The discharge,deposit, injection,dumping,spilling,leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater. Disposal,Waste The use of waters for disposal of sewage,industrial waste or other waste after approved treatment. Ditch A constructed channel,other than a modified natural stream constructed for drainage purposes,that is typically dug through inter-stream divided areas.A ditch or canal may have flows that are perennial, intermittent,or ephemeral and may exhibit hydrological and biological characteristics similar to perennial or intermittent streams. Dwelling, Multi-Family ...Definition added due to new vesting rights in 160D. Definition is from the statutory definition. Orange County,North Carolina—Unified Development Ordinance Page 10-11 316 Article 10: Definitions Section 10.1:Definitions A building or lot containing three or more dwelling units. Dwelling, Single Family A detached building containing one dwelling unit. Dwelling, Two Family A detached building containing two dwelling units(duplex). Dwelling Unit facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease base other OGG61panGy en a weekly or longer basis,and GGntaiRing independent GGekiRg,sanitary and sleepil4q perieds f lens than o week shall be GGRSt.ued to be ledging, n'ts A single unit providing complete, independent living facilities for one or more persons,including permanent provisions for living,sleeping, eating,cooking,and sanitation.' Mobile Homes and modular units are to be considered dwelling units under this definition. EA An Environmental Assessment. EA, Completed An Environmental Assessment that has been accepted by the Orange County Planning Department as technically acceptable for purposes of this Ordinance. EIS An Environmental Impact Statement. EIS, Completed An Environmental Impact Statement that has been accepted by the Orange County Planning Department as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being reviewed for adequacy by the Orange County Planning Department. Easement A grant of rights by a property owner to another individual,group or governmental unit to make limited use of a portion of real property for a specified purpose. Eating and Drinking Establishments Land uses providing for the consumption of food and/or drink to its clientele on or off site, Economic Development Activity Node Land in Transition areas Areas of the County,as designated in the Comprehensive Plan.166 which has been specifically targeted for economic development activity consisting of light industrial,distribution,flex space,office,and service/retail uses.Such areas are located adjacent to interstate and major arterial highways,and subject to special design criteria and performance standards. Flex space typically includes one-story buildings designed,constructed,and marketed as suitable for use as offices but able to accommodate other uses;e.g.,warehouse,showroom,manufacturing assembly or similar operations. Efficiency Apartment An additional dwelling unit accessory to a single family residence meeting the development criteria outlined within this Ordinance. Elevated Building 165 Definition from the NC Building Code,to which local ordinances are now required to conform. 166 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 10-12 317 Article 10: Definitions Section 10.1:Definitions A non-basement building,which has its reference level raised above ground level by foundation walls, shear walls,posts,piers,pilings,or columns with openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded movement of floodwaters. Encroachment The advance or infringement of uses,fill,excavation,buildings,permanent structures or development into a floodplain,which may impede or alter the flow capacity of a floodplain. Engineered (or Structural)Stormwater Controls A structural Best Management Practice(BMP)used to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals. (See also Best Management Practices and Detention Pond) (Unless otherwise specified,'BMP",when used in this Ordinance,refers to structural BMPs.) Environmental Document An EA, EIS,or FONSI,or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including,but not limited to,showjumping,dressage,rodeos,general horse/mule shows,and similar equestrian disciplines.Events may be larger scale,such as horse shows expected to generate more than 80 traffic trips per day,and may be held more frequently than once per month.A commercial stable may be included on the site. Evidentiary Hearing A hearing to gather competent,material,and substantial evidence in order to make findings for a quasi- 0udicial decision.' Existing Construction Structures for which,the"start of construction"commenced before March 16, 1981. This term may also be referred to as"existing structures." Existing manufactured home park or manufactured home subdivision A manufactured home park or subdivision for which,for flood damage prevention purposes,the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including,at a minimum,the installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads)completed before March 16, 1981. Extraction of Earth Products The process of removal of natural deposits of mineral ores,soils or other solids,liquid or gaseous matter from their original location. It does not include any processing of such material,beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing. 167 A definition for Evidentiary Hearing was added to 160D-102 to differentiate quasi-judicial proceedings from the former term of"public hearing"which maV be considered misleading since a person must have legal standing,as defined in statutes to participate in a quasi-iudicial proceeding and have their testimony considered as a basis of a quasi-judicial decision. Orange County,North Carolina—Unified Development Ordinance Page 10-13 318 Article 10: Definitions Section 10.1:Definitions Financial Services Land uses providing economic and financial services to a clientele, Financially Responsible Person In regards to soil erosion and sedimentation control provisions,and party or entity who has financial or operation control over a land-disturbing activity and/or the landowner or party/entity in possession or control of the land who had directly or indirectly allowed a land-disturbing activity or had benefited from such activity. Fixture The assembly that houses the lamp or lamps and can include all or some of the following parts:a housing,a mounting bracket or pole socket,a lamp holder,a ballast,a reflector or mirror,and/or a refractor or lens. Flexible Development A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve agricultural and forestry lands, natural and cultural features,and rural community character that might otherwise be lost through conventional development approaches. At lease least168 one-third(33%)of the land within a Flexible Development subdivision must be set aside as open space which may be preserved through: a) An"estate lot"option where all land is subdivided into lots four acres or greater in size,building lot area including setbacks are established on 50%of each lot,and the land area outside such area is preserved as open space provided that front and side yard setback areas shall not be counted toward meeting the minimum open space requirement except as specified by provisions of Section 94 347.12.5 A 169;or b) A"conservation-cluster"option where lot sizes are reduced and the land saved through such reductions is preserved as open space on separate lots owned and maintained through a homeowners association,a non-profit land conservancy or unit of state or local government;or c) A"village"or modified cluster option where dwelling units are clustered around a village green and supporting shops,and the village is surrounded by open space;or d) Some combination of the above. Floating Zoning District; Floating Zone A zoning district that is defined in the text of the Ordinance but which is applied or mapped only upon the approval of a rezoning application/petition. Flood and Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM) An official map of a community,issued by the FEMA,on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map(FIRM). Flood Hazard Boundary Map (FHBM) An official map of a community, issued by the FEMA,where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. Flood Insurance The insurance coverage provided under the National Flood Insurance Program(NFIP). 168 Correct misspelling. 169 Correct section reference. Orange County,North Carolina—Unified Development Ordinance Page 10-15 319 Article 10: Definitions Section 10.1:Definitions Frontage, Tenant Each lineal foot,or major portion thereof,measured along the main entry of a tenant space within a non- residential complex. Full Cutoff Fixture See Outdoor Lighting,Full Cutoff Fixture. Functionally Dependent Facility A facility,which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking,or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding,or ship repair. The term does not include long-term storage,manufacture,sales,or service facilities. Garden Center Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home landscaping. Typical products include,but not limited to,decorative stone,garden ornaments,decorative pots,container plant stock,and bagged or bulk sand, mulch and topsoil. Seasonal sales such as Christmas trees,pumpkins and flowers are permitted in the outdoor display area. r_pnprai i ire Z.,.,i.,.. n:s+.i..+ !`oRditiens n ne+he applied ten ral u ZGRiRg diGtFin+c 170 Glare Light emitting from a luminaire,solar panel,glass,or similar reflective surface with an intensity great enough to reduce a viewer's ability to see or to cause annoyance,and,in extreme cases,causing momentary blindness. Golf Course A tract of land designed and laid out for the game of golf. Golf courses include,but are not limited to courses open to the general public for a daily user fee,private courses available to members and their guests,courses proposed as single,independent uses,as well as those planned as an accessory use which is part of a residential or recreational development. A golf course development may also include the following accessory uses and building typically associated with such a facility: club house;restaurant/snack bar;barroom;prop shop;billiards;table tennis,spa/health club; racquetball,hand ball,and tennis courts;swimming pool;locker rooms;and real estate sales office. Goods, Incidental Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician selling hair products. Gross Floor Area The area within the perimeter of the outside walls of a building as measured from the exterior face of the exterior walls or from the centerlines of walls separating two buildings,with no deduction for hallways, stairs,closets,thickness of walls,columns,or other interior features. Group Care Facility A facility licensed by the appropriate State agency providing room and board for seven to 15 unrelated individuals,excluding staff,who as a result of age,illness,handicap or some specialized program require personalized services or a supervised living arrangement in order to assure their safety and comfort Group Development 170 The term has been changed to"Conventional Zoning District'and it has been relocated to appropriate alphabetized placement. Orange County,North Carolina—Unified Development Ordinance Page 10-18 320 Article 10: Definitions Section 10.1:Definitions Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966,as amended). Holiday Decoration Holiday displays,decorations and greetings,which relate to any federally designated holiday,legal holiday or religious holiday. Home Occupation, Major An accessory business use which is owned and operated by the resident of the property,located on a single parcel of land at least five acres in size in the AR and R-1 zoning districts,and is clearly incidental and subordinate to the principal residential use of the property.Major home occupations,which do not meet the standards of a minor home occupation,shall accommodate for larger scale accessory business uses by allowing for an increase in square footage,number of onsite employees,students,customers, clients,and annual events with an approved Glass Special Use Permit. Home Occupation, Minor An accessory business use,which is owned or operated by the resident of residentially-zoned property, and is clearly incidental and subordinate to the principal residential use of the property. Home Park A parcel of land under single ownership which has been planned and improved in compliance with Sections 3.8 and 5.5.4 for the placement of mobile homes/manufactured homes and Temporary Residential Units for use during the duration of the lease. The term includes mobile home parks developed under previous permitting requirements. Home Park Space A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary Residential Unit and for the exclusive use of the occupants of said dwellings. Immediate Neighborhood A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its location within the service area of a park site or sites as shown on the adopted'Recreation Service Area Boundaries Map"on file in the Planning Department. Impervious Surface A surface composed of any material that impedes or prevents the natural infiltration of water into the soil. Such surfaces include concrete,asphalt and gravel surfaces. These include,but are not be limited to, streets and parking areas,sidewalks,patios,and structures that cover the land. Infiltration The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from the water prior to its reaching the groundwater table,preventing the deposit of the pollutants directly into drinking water supplies. Institutional Use A nonprofit,religious,or public use,such as a church, library,public or private school,hospital,university, or government owned or operated building,structure,or land used for public purpose. Interested Persor�--Party'71 For purposes of quasi-judicial evidentiary hearings an interested person-party is one who has standing as that term is defined by applicable North Carolina statutory and case law. Junk Yard vi Conforming term to its use in both the UDO and statutes. Orange County,North Carolina—Unified Development Ordinance Page 10-20 321 Article 10: Definitions Section 10.1:Definitions An establishment operated or maintained for the purpose of storing,dismantling,salvaging,recycling, buying or selling scrap or used materials such as paper,metals, rubber, rags,glass,wrecked, used or dismantled products and articles,such as machinery,vehicles,appliances and the like. Junked or Wrecked Motor Vehicles Motor Vehicles which do not display a current license plate or a current registration sticker and which either: (a)are partially dismantled or wrecked,or(b)cannot be self-propelled or moved in the manner in which originally intended to move. Kennel (Class II) An establishment involving animals of any species,excluding domesticated livestock,engaged in any of the following: a) The owning or keeping,for any purpose,of 20 or more animals b) The selling and/or training of guard dogs or security dogs c) The keeping of more than five animals at any given time for the purpose of breeding, boarding,or rehabilitation. The operator of a Kennel(Class II)shall be allowed to reside on the property to ensure the continuous care of the animals kept on-site. Lamp See Outdoor Lighting,Lamp. Land Area Measurement Definitions (See Lot Line,Lot Line Front,Lot Line Rear,Lot Line Side,Open Side,Open Space Front,Open Space Rear) Land-Disturbing Activity Any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation. Landfill A site within which is deposited solid waste material,including trash,construction debris,stumps, branches and limbs,garbage and industrial waste. Landfill, Discharging A landfill facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. Discharging landfills require a National Pollution System (NPDES)Permit from the North Carolina Division of Water Quality. Land Use Intensity Definitions (See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space,Open Space Ratio,Livability Space, Livability Space Ratio, Floor Area Ratio,Open Space, Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Land Use Permit A zoning permit,subdivision approval,building permit,site plan,or special use permit,OF GGRditiGRal use permit. Land Use Plan A set of documents and maps that categorize existing patterns of land development and set guidelines for the desirable intensity,density,quantity,type,location and timing of future development based upon the Orange County,North Carolina—Unified Development Ordinance Page 10-21 322 Article 10: Definitions Section 10.1:Definitions Livability Space Livability space is part of total open space appropriately improved and located as outdoor living space for residents and for aesthetic appeal. Such spaces include lawns and other landscaped areas,walkways, paved terraces and sitting areas,outdoor recreational areas,and landscaped portions of street rights-of- way. Such space shall not be used for vehicles,except for incidental service,maintenance or emergency action. Livability Space Ratio Livability space ratio is the minimum square footage of non-vehicular outdoor space required for each square foot of land area in residential development. It is open space used for people,planting and visual appeal and does not include vehicular parking and access areas. Lodgings Living quarters which do not contain independent kitchen facilities,provided, however,that dwelling units occupied by transients on a rental or lease basis for periods of less than one week shall be considered lodging units even though they contain independent kitchen facilities. Lodging Unit A room or rooms connected together,constituting a separate lodging for one family only,physically separated from any other rooms or dwelling or lodging units. Where two or more rooms are connected by a doorway or doorways,and arranged,equipped and furnished in such a manner that they might reasonably be rented,leased or occupied,either individually or in combination,each room shall be construed as a lodging unit. Logo An established identifying symbol or mark associated with a business or business entity. Lot Land bounded by lines established for the purpose of property division. The term includes water areas included in the property so enclosed. As used in this Ordinance,unless the context indicates otherwise, the term refers to a zoning lot. (See Lot,Zoning). Lot Definition 172 (See Lot, Lot Zoning, Lot Non Conforming, Let Non Legal feF Zoning PuFlaoses, Lot Area Net, Lot AFea Gross,Lot Building Area Land Area) , ' ,Lot Regular, Lot , Residential Lot, Flag An irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm of the lot. Lot Area, Gross Where gross lot area is used as a basis for computation of maximum allowable floor area through application of floor area ratios,such gross area shall be computed as net area,defined below, plus half the width of adjoining permanent open space such as streets, parks,water areas and the lake(but not areas on buildable lots)up to the maximum specified for the district.Where such space adjoins lots on two adjacent sides,the area thus added shall include the area required to complete the gap otherwise left at the intersection,as indicated in the diagram below: 172 Staff is suggesting deleting this"definition"which directs users to other definitions,some of which no longer exist. Orange County,North Carolina—Unified Development Ordinance Page 10-23 323 Article 10: Definitions Section 10.1:Definitions Maintain General servicing and upkeep to keep an object in a safe,operable,and attractive condition. Major Development Project Includes, but is not limited to,shopping centers, Conditional Use-District projects,and industrial and commercial projects,but does not include any projects of less than two contiguous acres in extent. Major Intersection Any intersection where traffic generated by a development proposal will have a significant impact on the operation of the intersection. Manufactured Home A dwelling unit,transportable in one or more sections that: a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One-and Two-Family Dwellings; b) Is composed of one or more components,each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, c) Exceeds 40 feet in length and eight feet in width, d) The manufacturer voluntarily files certification required by the Secretary of the Department of Housing and Urban Development and complies with the standards established,and e) Is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Manufactured home park or subdivision A parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. Manufacturing Assembly, Processing, and Distribution Use An establishment engaged in the mechanical,physical,or chemical transformation of materials, substances,or components into new products. The assembling of component parts into a final product can also be considered part of this category. This term encompasses two different categories of land uses, namely: Manufacturing,Assembly, Processing,and Distribution Uses—Food and Manufacturing, Assembly,Processing,and Distribution Uses—Other. Market Value The building value,excluding the land, (as agreed to between a willing buyer and seller),as established by what the local real estate market will bear.An independent certified appraisal can establish a market value using: replacement cost depreciated by age of building(Actual Cash Value)or adjusted assessed values. Massage The manipulation of body muscle or tissue by rubbing,stroking, kneading,or tapping,applied by hand, arm,foot or mechanical device. Massage Business Any establishment or business wherein massage is practiced,including establishments commonly known as health clubs,physical culture studios,massage studios and massage parlors. Massage, Business Of The massage or treatment of any person for a fee or in expectation of a gratuity from the person massaged. Massage, Profession Of See"massage,business of". Massage Practitioner Any person engaged in the business or profession of massage. Orange County,North Carolina—Unified Development Ordinance Page 10-29 324 Article 10: Definitions Section 10.1:Definitions Meat Processing Facility, Community A smaller scale facility where livestock or wildlife is slaughtered, processed,and packaged for personal consumption and/or wholesale or retail sale.The livestock must be raised on the subject farm and from 1 to 4 other cooperative farm partners. Meat Processing Facility, Regional A larger scale facility where livestock is slaughtered,processed,and prepared for distribution for wholesale or retail sale. Medical Uses See"Health Services." Metal Fabrication Shop A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale. Microbrewery, production only A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail sale and consumption off the premises.Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on-site. Microbrewery with Minor Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on-or off-site with limited hours for tours of the facility and tastings of the products produced on-site,and small periodic events that are expected to attract fewer than 150 people to the site. Food services may be permitted under the conditional zeaiag-district or special use permit approval. Microbrewery with Major Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on-or off-site with tours of the facility,tastings of the products produced on-site,and periodic events that are expected to attract more than 150 people to the site.Food services may be permitted under the conditional zening-district or special use permit approval. Mobile Home A dwelling unit that: a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building for One-and Two-Family Dwellings; b) Is composed of one or more components,each of which is substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis for placement on a temporary or semi-permanent foundation when connected to the required utilities, and includes the plumbing, heating,air conditioning and electrical systems contained therein;and c) Exceeds eight feet in body width and 32 feet in body length. d) Is certified by the Secretary of the Department of Housing and Urban Development as meeting applicable standards. Mobile home shall also mean a double-wide mobile home and shall be considered synonymous with the term manufactured home. Mobile Home, Accessory A subordinate structure,the use of which is customarily incidental to the permitted use of the principal buildings. Accessory uses include,but are not limited to: a) Storage unit, b) Office,and c) Classroom facility. The mobile home,as an accessory structure,must not create non-conforming yards or setbacks. The installation of a mobile home,as an accessory structure,is exempt from the requirements set forth herein. Skirting is required,and the mobile home must be connected to the required utilities,which include the plumbing,heating,air conditioning and electrical systems contained therein,provided the unit is not Orange County,North Carolina—Unified Development Ordinance Page 10-30 325 Article 10: Definitions Section 10.1:Definitions Phase of Grading One of two types of grading: rough or fine. Photovoltaic (PV) Technology that converts light directly into electricity. Place of Worship An assembly land use primarily providing meeting areas for the support of religious activities,services, and study.The term includes, but it's not limited to:church,temple,mosque,and synagogue. Portable Building A building not intended for residential use consisting of one or more modules constructed off the ultimate site of use and transported to that site. Post-FIRM Development for which construction started on or after March 16, 1981. Pre-FIRM Development for which construction started before March 16, 1981. Premises A parcel of land with its appurtenances and buildings which, because of its unity of use,may be regarded as a unit of real estate. Principally Above Ground Structure A structure whereby at least 51%of the actual cash value of the structure is located above ground. Principal Structure Any building or other structure occupied or used for the purpose of conducting the principal use of the property. Principal Use A use which falls under one of the categories listed in the Table of Permitted Uses,which is the primary and chief purpose for which a lot is used. Professional Services Establishments that specialize in performing professional,scientific,and technical activities for others. Examples include, but are not limited to,the following: accountants,architects,attorneys,dentists, doctors,engineers, real estate agents,and veterinarians. Public Body Any government or governmental agency of the Orange County,the State of North Carolina,or the United States of America. Public Hearing A hearing opened at any FegulaFmeeting of either-the Board of County Commissioners to solicit public comment on a proposed legislative decision ar the Read Af Adj 1GtMeRt6 173 Public Interest Area 173 The term"evidentiary hearing"is now used for quasi-judicial matters,which are proposed to be heard only by the Board of Adjustment. Statutes now use the term"legislative hearing"for the former term"public hearing"but staff is not suggesting the term"public hearing"be replaced in the UDO because of the potential confusion it would cause among the public. The term"regular"is no longer used for BOCC meetings due to statutory definitions. Orange County,North Carolina-Unified Development Ordinance Page 10-36 326 Article 10: Definitions Section 10.1:Definitions f) Any commercial or other non-residential space. Residential Land Area All portions of a parcel or tract of land intended to support residential development of any classification (i.e.single-family,multi-family,etc),including accessory uses,and all land necessary to comply with the provisions of this Ordinance. With respect to subdivisions and Conditional District projects,this term shall be construed as including streets located entirely within the residential portion(s)of the development, common open space,lands accepted for dedication for public purposes,and accessory and commercial uses when developed as part of a mixed use development project. Residential Use A use of property characterized by the use of a structure(s)for habitation by an individual,family,or group of unrelated individuals. Resources Management Plan A document and map,submitted as a part of a Major Subdivision, Conditional District application; that sets forth,in detail,the location of and the proposed methods for: a) Protection of natural resources(i.e.habitat maintenance,existing vegetation,and mitigation of environmentally sensitive areas), b) Ownership and maintenance of open spaces(common open space,proposed conservation easements,and landscape buffers) c) Provision of services(solid waste management to include recycling,storm water management (temporary and permanent),irrigation systems to include the source of water, d) The handling of land clearing debris. 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 operated as a commercial activity„14 Retrofitting Measures,such as flood proofing,elevation,construction of small levees,and other modifications,taken on an existing building or its yard to protect it from flood damage. Riding Stable An establishment for boarding,breeding,training or raising of horses,ponies,mules,and/or donkeys for a fee;and/or rental of horses,ponies,mules,and/or donkeys for riding,driving,and/or instruction.Exercise rings shall be considered accessory uses to a commercial stable.Smaller scale events,such as horse shows expected to generate less than 80 traffic trips per day,may be held no more often than once per month.The operator of a commercial stable may reside on the property to ensure the continuous care of animals kept on the site. Riparian Area An area that is adjacent to a body of water. Riverine Relating to,formed by,or resembling a river(including tributaries),stream,brook,etc. v4 correct punctuation. Orange County,North Carolina—Unified Development Ordinance Page 10-39 327 Article 10: Definitions Section 10.1:Definitions Road See"Street." Rooming House A host occupied dwelling unit 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. Rural Buffer175 Land Designated lands in the Comprehensive Plan that are adjacent to an urban or transition area that is rural in character and which should remain rural and not require urban services. Thee lends are. so des'qnated In the lelnt Planning AgFeernent between!Lange GG intV and the Towp, of Carrharn and !`henel LJJI vr�c-r-r-nrr. Rural Community Activity Node Land176 Land designated in the Comprehensive Plan that is focused on designated road intersections which serve as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the following:church,fire station,small post office,school,or other similar institutional uses and one or more commercial uses. Rural Designated Property that is not located in Urban Designated areas as defined in these definitions. Rural Heritage Museum A facility which stores and exhibits objects of historical,agricultural, and/or cultural interest for the purpose of educating the public about the rural heritage of Orange County and surrounding areas. Rural Industrial Activity Node1717-7 Land designated in the Comprehensive Plan that is focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for small-scale industrial uses which do not require urban type services. Rural Neighborhood Activity Node178 Land designated in the Comprehensive Plan that is focused on designated road intersections within a Rural or Agricultural Residential area that is appropriate for small-scale commercial uses. Rural Residential Land17179 Land designated in the Comprehensive Plan that is in the rural areas of the County that is an appropriate location for low intensity and low density residential development which are not dependent on urban services. Rural Special Event A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Salvage yard 175 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Planaftd IRA. 176 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 17 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 178 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 179 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 10-40 328 Article 10: Definitions Section 10.1:Definitions A sign that does not meet the requirements of this Ordinance and which has not received legal non- conforming status and which does not have permit authorization,if required,under the terms of previous ordinances. Sign, Illuminated A sign illuminated in any manner by an artificial light source. Sign, Indirectly Illuminated A sign that is lighted by a light source not seen directly. Sign, Inflatable A sign that is inflated to take on a specific shape or figure that is utilized to attract attention to a business event or location, 1*4 special event,or parcel of property for /� commercial purposes. Inflatable signs are A commonly utilized to announce special h 1 sales or events. As per the^rang-�e11nh, `� Sign Ordinance Inflatable Signs shall he n.diyidual a eG iRg a inflatable s gR shall be �. nd her reed ter a the sign .,ithin the time it W. i I'd n ally take to.deflate fhe 180 ■ Examples of inflatable signs include: Sign, Internally Illuminated A sign whose light source is concealed or contained within the sign itself,and which becomes visible in darkness by shining through a translucent surface. Sign, Landmark A sign advertising that a specific structure or site is considered historically significant and is listed in the National Register of Historic Places,U.S. Department of Interior,or designated by local ordinance in accordance with CHEA ROYn[AL Cf 51T• guidelines issued by the U.S.Department of Interior. Lim Sign Maintenance The cleaning,painting,repair or replacement of defective parts of a sign in a manner that does not alter the basic copy,design or structure of the sign. 180 This is not correct. Inflatable signs are allowed,per Section 6.12.11(D)(51. Orange County,North Carolina—Unified Development Ordinance Page 10-48 329 Article 10: Definitions Section 10.1:Definitions stenciling of the name of a non-residential establishment and may include hours of operation,phone numbers,and other pertinent information associated with the non-residential land use. ■ An example of a window sign includes: f Site Specific Development-Vesting 181 Plan A plan approved by the Orange County Board of Commissioners Use oeFrnit prenass and which describes,with reasonable certainty,the type and intensity of use for a specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific Developmept-Yesting Plan shall be deemed approved upon the effective date of the Board of Commissioners'action. Site Plans, SpeGial Use oeFirnits G,,Rditional Use DiStFiGtS Conditional Zening Districts,and Preliminary Subdivision Plats may be approved as Site Specific Dev =Vesting Plans in accordance with the provisions of this Ordinance. Site Specific^e���.eIepn4enrVesting Plans are required only where an applicant wishes to vest his property rights for a period longer than that otherwise permitted by this Ordinance,in accordance with NCGS 160D-108. Solar Array—Accessory Use Include any photovoltaic,concentrated solar thermal,or solar hot water devices that are accessory to, and incorporated into the development of an authorized use of the property,and which are designed for the purpose of reducing or meeting on-site energy needs. Solar Array— Large Facility A solar facility located on a developed or undeveloped parcel of property producing more than 20 but less than 100 kilowatts of power that converts sunlight into electricity,whether by photovoltaics(PV), concentrating solar thermal(CST)devices,or various experimental solar technologies,with the purpose of supplying power to existing land use(s)as well as the wholesale or retail sale of generated electricity Solar Array— Public Utility A utility-scale commercial facility that converts sunlight into electricity,whether by photovoltaics(PV), concentrating solar thermal(CST)devices,or various experimental solar technologies,producing more than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated electricity. Solid Waste Disposal Facility Any facility involved in the disposal of any hazardous or non-hazardous refuses or sludge from a waste treatment plant,water supply treatment plant or air pollution control facility,domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection,treatment and disposal systems,and other material that is either discarded or is being accumulated,stored or treated prior to being discarded, or has served its original intended use and is generally discarded,including solid,liquid,semisolid or contained gaseous material resulting from industrial,institutional,commercial and agricultural operations, and from community activities. isi This term was changed in NCGS 160D-108. Orange County,North Carolina—Unified Development Ordinance Page 10-53 330 Article 10: Definitions Section 10.1:Definitions Solid Waste Disposal Site Any place at which solid wastes are disposed of by incineration,sanitary landfill or any other method. Special Event A commercial activity,attracting at least 20 people at any given time,that does not involve permanent structures. Examples of special events are craft shows,small festivals,concerts, medical or veterinary clinics,and sites operated by businesses engaged in hosting outdoor social events such as picnics or receptions sponsored by a restaurant or caterer. Activities which are not included in this definition include: a) Events of a personal or non-profit, nature such as family reunions and church activities; b) Farm-related or rural events such as horse shows,4-H events and auctions;and c) Fund-raising events for non-profit organizations. Special Flood Hazard Area (SFHA) The land in the floodplain subject to a 1%or greater chance of being flooded in any given year as determined in Section 1.1.3 of this Ordinance,as defined by the base flood elevation. Special-Purpose Unit of Government Any special district or public authority. Special Use A use which would not be appropriate generally throughout the zoning district or without special study,but which,if controlled as to number,area,location or relation to neighborhood,would be appropriate. Such uses which are listed as Special Uses in the Permitted Use Table,Section 5.2,may be installed and operated only after approval by the BeaF d of Gera .issieners eF by-the Board of Adjustments appFepFiate,subject to the general and specific standards. Specified Anatomical Areas (a) Less than completely and opaquely covered human:(i)genitals,pubic region, (ii)buttocks,or (iii)breast below a point immediately above the top of the areola;or (b) Human male genitals in a discernibly turgid state,even if completely and opaquely covered. Specified Sexual Activities (a)Human genitals in a state of sexual stimulation or arousal; (b)Acts of human masturbation,sexual intercourse or sodomy;or (c)Fondling or other erotic touchings of human genitals,pubic regions,buttocks or breasts. Starch,Vegetable Fats, and Oils Manufacturing Establishments primarily engaged in creating a finished oil based product by: (a)Wet milling corn and vegetables; (b)Crushing oilseeds and tree nuts; (c)Refining and/or blending vegetable oils; (d)Manufacturing shortening and margarine;or (e)Blending purchased animal fats with vegetable fats. Start of Construction Includes substantial improvement,and means the date the building permit was issued, provided the actual start of construction,repair,reconstruction, rehabilitation,addition placement,or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure(including a manufactured home)on a site,such as the pouring of slabs or footings,installation of piles,construction of columns,or any work beyond the stage of excavation;or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation,such as clearing,grading,and filling;nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement,footings,piers,or foundations or the erection of temporary forms;nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a Orange County,North Carolina—Unified Development Ordinance Page 10-54 331 Article 10: Definitions Section 10.1:Definitions substantial improvement,the actual start of construction means the first alteration of any wall,ceiling, floor,or other structural part of the building,whether or not that alteration affects the external dimensions of the building. State Agency Every department,agency,institution,public authority, board,commission,bureau,division,council, member of Council of State,or officer of the State government of the State of North Carolina. State Clearinghouse The clearinghouse agency established by the North Carolina Department of Administration under the North Carolina Environmental Policy Act. State Mandate The minimum Rules adopted by the Environmental Management Commission for application to North Carolina's water supply watersheds,as required by the Water Supply Watershed Protection Act. The purpose of the Act,as stated in its opening paragraph, is"...to protect and enhance the quality of the State's surface water supplies by establishing a cooperative program of water supply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission(EMC)."(See related definition"Water supply watershed"). Stockyard/Livestock Market A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may include enclosed pavilions,grandstands, paddocks,and stalls. Storage of Goods A land use where secured space, indoors or outdoors, is rented to tenants for the safeguarding and/or keepinlq of general merchandise,refrigerated goods,and other personal items on a short or long term basis„82 Stormwater Collection System Any conduit,pipe,channel,curb,or gutter for the primary purpose of transporting(not treating)run-off.A stormwater collection system does include vegetated swales,swales stabilized with armoring or alternative methods where natural topography prevents the use of vegetated swales(subject to case-by- case review),curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are associated with development controlled by the provisions of 15A NCAC 2H 1003(c)(1). Stormwater Control Measure (SCM) A structural or non-structural management-based practice used singularly or in combination to reduce non-point source pollution to receiving waters in order to achieve water quality protection and water quantity limitation goals.(See also, Detention Pond and Engineered Stormwater Controls). The term takes the place of what was originally referred to,and defined as a'Best Management Practice'or 'BMP'. Stream A body of concentrated flowing water in a natural low area or natural channel on the land surface,183 Stream Buffer An area of land adjacent to a stream or a FEMA-identified floodplain,whichever is greater,which,except as permitted within this Ordinance,must remain undisturbed in its natural state. Streams are identified by any of the following means: a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, b) Shown as a water feature in the Orange County Soil Survey,or 182 Correct punctuation. 183 Add punctuation. Orange County,North Carolina—Unified Development Ordinance Page 10-55 332 Article 10: Definitions Section 10.1:Definitions Street, Cul-de-sac A street that generally terminates in a circular right-of-way. It is used or designed to be used to provide access to abutting properties. Street, General Factors to Definition For the purposes of these regulations,terms relating to streets are defined as follows. Determination of the classification of a street shall be by the following criteria: 1. The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day; 2. The number of dwelling units to be served by the street may be a useful indicator of the number of trips but is not conclusive; 3. Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time,the classification of the street will be based upon the street in its entirety,both within and outside of the subdivision. Street, Limited Access A street to which access from adjoining property is not direct,but is combined,limited,channeled or prohibited. Limited access streets are one means for controlling access to arterial streets and usually provide one access point along a single block face. Street, Local A street used or designed primarily to provide access to abutting properties. It serves or is designed to serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day. Street, Loop A street used as a means for local traffic to leave and enter other streets without turning around, but providing access only to abutting properties.These streets are less than one mile in length and have no collector characteristics. Street, Marginal Access A minor street which is parallel to and adjacent to an arterial street,and which provides access to abutting properties and protection from through traffic. Marginal access streets may also be referred to as"service roads". Street, Minor A street used or designed primarily to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day. Street, Private A vehicular way,built to the private street standards of Orange County, not intended for public use or public dedication and which serves a limited number of lots. It is maintained by private property owners and intended for use by those private property owners. Street, Public A street which has been accepted for permanent maintenance by the State of North Carolina. Street, Subcollector A street used or designed to provide access to abutting properties,but is also designed to be used or is used to connect minor or local streets with collector or arterial streets. Including residences indirectly served through connecting street,it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day. Structure Orange County,North Carolina—Unified Development Ordinance Page 10-57 333 Article 10: Definitions Section 10.1:Definitions Any walled and roefed building,a rnanufaGtWed heme,or a gas or liquid storage taRk,that is Wilt GF h,t"^*'"rin �'g to lead beaFiR^Wal's no"imns Wpm-^ ^i��'^•� Any building used or intended for supporting or sheltering any use or occupancy.184 Studio (Arts and Crafts) See School—Performing Arts,Sports and Recreation. Study Area, Traffic Impact The area in which a traffic impact analysis will be made and extending approximately one half mile along roadways adjacent to a development project and in both directions from all access points or to a major intersection along these roadways. Subdivider Any person or persons,firm or corporation subdividing land within the jurisdiction of this Ordinance. Subdivision All divisions of a tract or parcel of land into two or more lots,building sites or other divisions for the purpose of sale or building development(whether immediate or future)and includes all division of land involving the dedication of a new street or a change in existing streets. Subdivision, Exempt a) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County,including private road justification standards,as detailed within this Ordinance. b) The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved. c) The public acquisition by purchase of strips of land for widening or opening streets. d) The division of a tract in single ownership of the entire area of which is no greater than two acres into not more than three lots,if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as shown by its subdivision regulations. Subdivision, Major Any division of land that is not classified as an Exempt or Minor subdivision. Subdivision, Minor A division of a tract of land that does not: a) Create more than five lots for conventional design options,or more than 12 lots for flexible development, including the residual acreage,from any one tract of land in any 24 month period; b) Dedicate or improve any new public street other than widening an existing public street; c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots; d) Necessitate the installation of drainage improvements which would require easements through one or more lots to serve other lots;and e) At the option of the applicant,involve vesting of the subdivision for a period greater than one year. Substantial damage Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50%of the market value of the structure before the damage occurred. See definition of"substantial improvement." Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year isa This is the definition from the NC Building Code,to which local regulations are now required to conform. Orange County,North Carolina—Unified Development Ordinance Page 10-58 334 Article 10: Definitions Section 10.1:Definitions period for which the cost of repairs at the time of each such flood event,on the average,equals or exceeds 25%of the market value of the structure before the damage occurred. Substantial improvement Any combination of repairs, reconstruction,rehabilitation,addition,or other improvement of a structure, taking place during any one year period whereby the cost of which equals or exceeds 50%of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage,regardless of the actual repair work performed. The term does not, however,include either: a) Any correction of existing violations of State or Orange County health,sanitary,or safety code specifications which have been identified by the Orange County code enforcement official and which are the minimum necessary to assure safe living conditions,or b) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by a variance issued pursuant to this Ordinance. Support System A combination of footers,piers,caps,and shims that will,when properly installed,support the mobile home. Masonry walls may be installed as a cosmetic feature. Taxidermy The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike form. Telecommunication Facilities, Accessory Use A use incidental to,subordinate to,and subservient to the principal use of the property. As defined in this section an accessory use is a secondary use. Telecommunication Facilities, Antenna A system of electrical conductor communications equipment that transmits and/or receives electromagnetic radio signals used in the provision of all types of wireless communications services. Telecommunication Facilities, Applicant Any wireless service provider or wireless support structure owner submitting an application for a wireless facility. Telecommunication Facilities, Application A formal request,containing all necessary and required documentation,submitted to Orange County to construct or modify a wireless support structure or a wireless facility. Telecommunication Facilities, Base Station A station at a specific site authorized to communicate with mobile stations,generally consisting of radio receivers,antennas,coaxial cables,power supplies,and other associated electronics. Telecommunication Facilities, Building Code The most recently adopted or amended edition of the North Carolina State Building Code. Telecommunication Facilities, Building permit An official Orange County administrative authorization to begin construction consistent with the provisions of N.C.G.S. 153A-357.160D-403 and 160D-1108. Telecommunication Facilities, Collocation The placement or installation of wireless facilities on existing structures,including electrical transmission towers,water towers,buildings,and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. Orange County,North Carolina—Unified Development Ordinance Page 10-59 335 Article 10: Definitions Section 10.1:Definitions structures that can be used as a support structure for antennas or the functional equivalent of such. If further includes all related facilities and equipment such as cabling,equipment shelters and other structures associated with the facility. It is a structure and facility intended for transmitting and/or receiving radio,television,cellular,SMR,paging,911, personal communications services(PCS), commercial satellite services,microwave services,and any commercial wireless telecommunication service not licensed by the FCC. Temporary Custodial Care Unit A transportable residential structure facilitating a caregiver's provision of short or long term care for a mentally or physically impaired person that is primarily assembled offsite,has no more than 1,000 gross square feet,and complies with applicable standards of the North Carolina State Building Code and/or Department of Housing and Urban Development(HUD).Temporary custodial care units shall not be installed on a permanent foundation and shall be classified as an accessory use to an single family detached dwelling unit. Includes mobile homes and temporary health care structures. Temporary Residential Mobile Home A mobile home,intended for residential use for a limited period of time,for purposes of providing temporary residential space during the installation of a replacement mobile home or construction of a stick-built or modular residential unit on the same lot,and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi- permanent foundation. Temporary Residential Unit A residential unit occupied for no more than 180 days and connected to temporary utility services.The term includes recreational vehicles,travel trailers, recreational park trailers,FEMA trailers,etc. Temporary Use Building A building,not intended for residential use,consisting of one or more modules constructed off the ultimate site of use. The building is also not attached to a permanent or semi-permanent foundation. Ten-Year Transition Landl85 Land designated in the Comprehensive Plan as being located in areas that are in the process of changing from rural to urban densities and/or intensities,that are suitable for higher densities and/or intensities and could be provided with public utilities and services within the first 10-year phase of the Comprehensive Plan update or where such utilities and services are already present or planned. Non-residential uses implemented in accordance with small area plans and/or overlay districts may be appropriate. Textile Mills Land uses involved with the transformation of a basic fiber, natural or synthetic,into a final product which is further manufacturing manufactured into usable items off-site. Theater A building or outdoor area in which performances are prefoFFned-performed 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. Traffic Generation: Low Uses which generate an average of less than 200 vehicle trips per day. Traffic Generation: Medium Uses which generate an average of between 200 and 800 vehicle trips per day. iss staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 10-63 336 Article 10: Definitions Section 10.1:Definitions Traffic Generation: High Uses which generate an average of more than 800 vehicle trips per day. Transmission Lines a) For lines carrying electrical energy,transmission lines are those which carry 45,000 volts or more. b) For lines which carry liquids or gases,transmission lines are those operating or designed to operate at pressures of one hundred pounds per square inch or greater. Travel Trailer A structure that is: a) Intended to be transported over the streets and highways(either as a motor vehicle or attached to or hauled by a motor vehicle),and b) Designed for temporary use as sleeping quarters,but that does not meet the definition of a manufactured home. Tree, DBH Diameter at breast height of a tree,which is measured at 4.5 feet above ground surface level. Tree, Critical Root Zone The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival.The critical root zone is approximately one foot of radial distance for every inch of tree's DBH,with a minimum of eight feet. Tree, High Value A tree that meets or exceeds the following standards:for pine species, 14"DBH or greater,or 18"or greater stump diameter,and for hardwood or wetland species, 16"DBH or greater,or 24"or greater stump diameter. Trip Generation Rates The total count of trips to and from a study site per unit of land use as measured by parameters such as dwelling units,acres,etc. Twenty-Year Transition Land'86 Land designated in the Comprehensive Plan as being located in areas that are in the process of changing from rural to urban,that are suitable for urban-type densities and should be provided with public utilities and services within the second 10-year phase of the Comprehensive Plan. Upward In the context of outdoor lighting,the projection of light above the horizontal plane. Urban Designated Land that is located within a Transition Area as identified in the Land Use Element of the Comprehensive Plan and also within a Primary Service Area as defined by the Water and Sewer Management Planning and the Boundary Agreement and Map adopted December 3,2001 and as either may be amended from time to time. Utility Lines and Line Equipment The local distribution system of public utilities and community systems which include electricity, telephone,water,sewage disposal,and cable television. These systems are for local distribution of services and are not intended to be used for transmission or as trunk lines for utilities. Distribution systems for electrical system shall not exceed 45,000 volts;the distribution system for liquids or gases are those operating at pressure of less than 100 pounds per square inch. isc staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. Orange County,North Carolina—Unified Development Ordinance Page 10-64 337 Article 10: Definitions Section 10.1:Definitions Variance A relaxation of the literal terms of this Ordinance where such variance will not be contrary to the public interest and,where,owing to conditions peculiar to the property and not the result of actions or the situation of the applicant,a literal enforcement of the Ordinance would result in unnecessary and undue hardship. A variance is authorized only for the dimensional controls of this Ordinance;establishment or expansion of a use otherwise prohibited shall not be permitted by a variance. Variance, Minor, State Watershed Management A variance from the minimum statewide water supply watershed protection rules that results in a relaxation by a factor of up to 10%of any management requirement under the low density requirement. Variance, Major, State Watershed Management A variance from the statewide water supply watershed regulations that results in the relaxation by a factor greater than 10%of any management requirement under the low density option or the relaxation of any management requirement that applies to a development project requiring construction of a BMP. Vehicle Trip A vehicle trip occurs when one vehicle travels from a point of origin to a point of destination. Vested Right The right to undertake and complete the development of a property under the terms and conditions of an approved Site Specific Dev =Vesting Plan,provided, however,failure to abide by such terms and conditions shall result in a forfeiture of vested rights.The vested right is attached to and runs with the applicable property and may be exercised by successors to the original landowner. The period during which a vested right is in affeeteffect may be extended by amendments or modifications to the Site Specific^ev ant-Vesting Plan. An application for an amendment or modification to an approved Site Specific Dev ePt-Yg tins Plan shall be treated as a new application. Once established,a vested right supersedes any zoning action which would affect with the type and intensity of use approved in the Site Specific^e� v eP,rVestinp Plan, EXCEPT: a) Upon written consent of the landowner; b) Upon findings,after a public hearing,that if the development were to proceed, natural or man- made hazards would pose a serious threat to the public health,safety and welfare; c) To the extent that the landowner is compensated for costs and expenses other than loss of property value; d) Upon findings,after a public hearing,that the applicant or his/her representative(s)intentionally supplied inaccurate or misleading information which led to the approval of the project;or e) Upon findings,after a public hearing,that a change in a State or Federal law or regulation precludes development of the project as approved. Vesting of rights does not preclude the application of overlay zoning districts which impose additional regulations,provided that the regulations are applicable to all property subject to this Ordinance,and the allowable type and intensity of use is not affected. The vested right terminates at the end of the approved vesting period for buildings and uses for which building permits have not been issued. Building permits do not expire during the approved vesting period. Veterinary Clinic A facility staffed by at least one licensed veterinarian for the care and treatment of large and/or small animals not involving overnight care. 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. Violation The failure of a structure, use or development to be fully compliant or is inconsistent with any provision of this Ordinance. A structure or other development without the elevation certificate,other certifications,or Orange County,North Carolina—Unified Development Ordinance Page 10-65 338 Article 10: Definitions Section 10.1:Definitions other evidence of compliance required in this Ordinance is presumed to be in violation until such time as that documentation is provided. Volume/Capacity Analysis The procedures used to compare the volume of a roadway or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period). The procedures are described in the 1965 Highway Capacity Manual, Highway Research Board Special Report 87. Walls, Primary Walls containing primary windows and/or main exterior entrances to individual living quarters when directly facing the primary wall or other living quarters. Walls, Secondary Walls containing only secondary,or secondary and tertiary,windows. Walls, Tertiary Windowless walls or walls containing only tertiary windows. Wastewater Treatment Facility A system of wastewater collection,treatment,and disposal in single or multiple components, including ground absorption systems, non-discharge systems,and systems that discharge effluent to the surface waters,and any other system as may be permitted by the Orange County Health Department or the State of North Carolina. (ref. NCGS Article 11,Chapter 130A) Waterbody, Perennial A natural or constructed basin that stores surface water permanently at depths sufficient to preclude growth of rooted plants,including lakes,ponds,sounds, non-stream estuaries,and oceans. For the purpose of stormwater provision of this Ordinance,the waterbody must be part of a natural drainageway (i.e.connected by surface flow to a stream). Water-Dependent Structure Any structure for which the use requires access to or proximity to or citingsiting within surface waters to fulfill its basic purpose,such as boat ramps,boathouses,docks and bulkheads. Ancillary facilities such as restaurants,outlets for boat supplies,parking lots and commercial boat storage areas are not water- dependent structures. Water Feature A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence of water in the soil. Examples of water features include,but are not limited to, perennial and intermittent streams,lakes, ponds, reservoirs,springs,artesian wells, irrigation wells, marshes or swamps,wetlands, and natural drainage ditches(non-ephemeral). Water surface elevation (WSE) The height,in relation to mean sea level,of floods of various magnitudes and frequencies in the floodplains of riverine areas. Watercourse A lake,river,creek,stream,wash,channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water Supply, Public A water supply system that serves a city or town located partly or entirely within Orange County that has a population in excess of 2,500. Water Supply Watershed (or Protected Watershed) Orange County,North Carolina—Unified Development Ordinance Page 10-66 339 Article 10: Definitions Section 10.1:Definitions Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or stream intakes which have been designated for protection. All such lands have been classified by the Environmental Management Commission as WS-11,WS-III or WS-IV watersheds and require protection in accordance with the State Mandate.(See definition for"State Mandate"). Water Supply Watershed Critical Area, County Designated The land area within one-half mile of the normal pool elevation(or designated elevation)of an existing Class II water supply reservoir,or the ridgeline of the watershed,whichever is less;and the land area within one-half mile of the normal pool elevation(or designated elevation)of a proposed water supply reservoir designated for protection,or the ridgeline of the watershed,whichever is less;and the area within one-half mile of streams flowing into Class I reservoirs,as designated for protection within this Ordinance. Water Supply Watershed Critical Area, State Required The land area within one-half mile of the normal pool elevation of water supply reservoirs in which an intake is located(i.e.,Class I reservoirs),or the ridgeline of the watershed,whichever is less. Wetlands Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support,and that under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,marshes,bogs, and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t)and COE Regulations at 33 CFR Section 328.3(b),as of July 2nd,2002) Wholesale Trade A land use involved,without transformation or alteration of the product,with the sale of merchandise to clientele in bulk. Windows, Primary Principal windows in habitable rooms except bedrooms and kitchens. Windows, Secondary Windows of habitable rooms other than primary windows. Windows, Tertiary Windows other than for habitable rooms. Winery, production only A facility utilized for making wines for wholesale or retail sale and consumption off the premises.Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on-site. Winery with Minor Events A facility utilized for making wines for consumption on-or off-site with limited hours for tours of the facility and tastings of the products produced on-site,and small periodic events that are expected to attract fewer than 150 people to the site.Food services may be permitted under the conditional zoning-district or special use permit approval. Winery with Major Events A facility utilized for making wines for consumption on-or off-site with tours of the facility,tastings of the products produced on-site,and periodic events that are expected to attract more than 150 people to the site.Food services may be permitted under the conditional zoning-district or special use permit approval. Yard Space, Front The required open space extending the full width of the lot and to a depth equal to the required setback line,measured horizontally at right angles to the rear lot line. Orange County,North Carolina—Unified Development Ordinance Page 10-67 340 341 The following pages contain proposed amendments to Orange County's 2030 Comprehensive Plan 342 Appendix F: Land Use and Zoning Matrix Appendix F. Relationships Between Land Use Classifications and Zoning Districts Per the Orange County Unified Development Ordinance, zoning districts are applied to Land Use classifications and overlays in accordance with this appendix. A matrix is provided at the end of this appendix that links the zoning districts to the land use classifications and overlays listed. TRANSITION LAND USE CLASSIFICATIONS CHAPEL HILL AND CARRBORO TRANSITION On November 2, 1987, a Joint Planning Agreement was adopted by Orange County and the Towns of Chapel Hill and Carrboro. The Agreement became effective on November 14, 1988, following the adoption, by Orange County, of zoning plans prepared by the two municipalities for their respective Transition Areas. The applied zoning districts are those contained in the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land use plan categories contained in the Orange County Chapel Hill Carrboro Joint Planning Land Use Plan. Reference should be made to the appropriate municipal ordinance and zoning map for a description of the districts and applicable development standards. Under the terms of the Joint Planning Agreement, the Towns of Chapel Hill and Carrboro are responsible for permit administration within their respective Transition Areas. 10-Year Transition Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. Non-residential uses implemented in accordance with small area plans and/or overlay districts may be appropriate. The applied zoning districts include: R-1 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High Intensity Residential), R-8 (High Intensity Residential), and R-1 3 (High Intensity Residential) residential uses, and Zoning Overlay Districts. 20-Year Transition Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. The applied zoning districts include: R-1 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High Intensity Residential), R-8 (High Intensity Residential), and R-13 (High Intensity Residential) residential uses. COMMERCIAL TRANSITION ACTIVITY NODE Identifies areas changing from rural to urban in form and density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 (Community Commercial); GC-4 (General Commercial); and O/RM (Office/Research and Manufacturing). COMMERCIAL INDUSTRIAL TRANSITION ACTIVITY NODE Identifies areas changing from rural to urban in form and density. A full range of commercial and industrial activities would be appropriate and allowed. The applied zoning districts include: 1-1 (Light Industrial); 1-2 (Medium Industrial); 1-3 (Heavy Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 ora+iq,eiCot v&y Compv-ahevts,ve Plat. Page F 1 343 Appendix F: Land Use and Zoning Matrix (Community Commercial); GC-4 (General Commercial); and O/RM (Office/Research and Manufacturing). ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE Identifies areas along major transportation corridors that may be in proximity to 10- Year or 20-Year Transition areas of the County which have been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. The applied zoning districts are EDB-1 (Economic Development Buckhorn Lower Intensity), EDB-2 (Economic Development Buckhorn Higher Intensity), EDE-1 (Economic Development Eno Lower Intensity), EDE-2 (Economic Development Eno Higher Intensity), EDH-1 (Economic Development Hillsborough Linear Office), EDH-2 (Economic Development Hillsborough Limited Office), EDH-3 (Economic Development Hillsborough Limited Office with Residential), EDH-4 (Economic Development Hillsborough Office), and EDH-5 (Economic Development Hillsborough Office/Flex). RURAL LAND USE CLASSIFICATIONS RURAL BUFFER Only very low density residential, agricultural uses exempt from zoning regulations, and low-intensity agricultural support uses are appropriate in the Rural Buffer. The applied zoning district is RB (Rural Buffer). RURAL RESIDENTIAL Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R-1 (Rural Residential). AGRICULTURAL RESIDENTIAL Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services). RURAL COMMUNITY ACTIVITY NODE Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE Identifies areas in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial)and NC-2 (Neighborhood Commercial). RURAL INDUSTRIAL ACTIVITY NODE Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is 1-1 (Light Industrial). OVERLAYS PUBLIC INTEREST AREA These lands are considered valuable for recreational and research purposes and are afforded special treatment. The applied zoning district is PID (Public Interest District). OraNiq,eiC&u*i y Comprahevtsive P1aw Page 1=2 344 q ppendix F. Land Use and Zoning Matrix ZONING DISTRICTS Formatted:Width: 14" ' ----- Formatted Table N� CnUI rx Land Use lassifications& Overlays C� d �i C4 a Z U C`J W o .. 00 W w w w v 0 ?r d < � � r�" 4 Z Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement- Carrboro T ansition Contact avuroviriate M nicivalitv fo avi3licable Zonin2 Standards 10-Year Tr nsition 20-Year Transition Commercial Transition Activity Node Commercialte Industrial Transition Activit No ♦ Economic lievelopment Transition Activity Node Rural Buffeir ♦ f Rural Resid ntial A ricultu I Residential Rural Corninunity Activity Node Rural Neigh orhood Activitv Node Rural Indw trial Activity Node Public Inte st Area or Cou*tty CoiiVreY>e+uii�ve Ptavv Page F-3 345 ppendix F. Land Use and Zoning Matrix Amended 02-13-17 Ora4V,e1Cou4tityConVrehens-OvevPlav Page F4 346 APPROVED 11/8/2012;AMENDED 11/5/2015, 11/14/17 Attachment 2 PLANNING BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Planning Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to Orange County Board of Commissioners. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Planning Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Planning Board is contained in Section 1.6.3 of the Orange County Unified Development Ordinance. The purpose for which the Planning Board was formed: to serve in an advisory capacity to the Orange County Board of Commissioners in regards to planning, zoning, and subdivision matters, as provided in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Planning Board shall carry out the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance to the best of its ability. B. Objectives 1. Acting under the directives of the Board of County Commissioners and 347 APPROVED 11/8/2012;AMENDED 11/5/2015, 11/14/17 with County staff, the Planning Board shall pursue the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION III:MEMBERSHIP A. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards and to appoint members to and remove members from those advisory boards. In acting on this authority the Orange County Board of Commissioners hereby establishes certain general conditions to which applicants and members of advisory boards should conform. B. Composition 1. Planning Board composition is detailed in Section 1.6.1 of the Orange County Unified Development Ordinance. Additional membership requirements are listed in said Section of the UDO. 2. The Planning Board does not have alternate members. -43. Appointments to the Planning Board made to fill vacancies shall be for the unexpired term, if there are less than two years remaining in the unexpired term, and shall not be counted as a term in determining eligibility for reappointment.! C. Oath of Office 1. (all members appointed to the Planning Board shall, before entering Formatted:Font:(Default)Arial,12 pt their duties, qualify by taking an oath of office as required by NCGS- Formatted:Left,Space After: 10 pt,Add 153A-26.� space between paragraphs of the same style, Line spacing: Multiple 1.15 li,Numbered+ Level:1+Numbering Style: 1,2,3,...+Start ED. Chair, Vice Chair, and Secretary at:1+Alignment:Left+Aligned at: 1"+ \ Indent at: 1.25",Don't adjust space between 1. The Planning Board shall elect by majority vote a Chair and Vice Chair \ Latin and Asian text from among its members at the regular meeting in January of each Formatted:Font:(Default)Arial,12 pt year. 2. Chair and Vice Chair terms of office shall correspond to the requirements of the Orange County Advisory Board Policy. 1 This is an existing provision in Section 1.6.2,a section which is being deleted due to redundancy with the General Advisory Board Policy and the Planning Board Policies and Procedures,coupled with long-standing procedure for the Planning Board(specifically,the clarification"if there are less than two years remaining in the unexpired term"). This is the only existing rule in Section 1.6.2 that is not covered in the General Advisory Board Policy. Continued administration of this Board-specific procedure ensures that the existing intent of having terms expire in a staggered manner continues;this can be important in ensuring that experienced members do not leave the Board en masse due to term expiration dates. 2 NCGS 160D-309 has added an oath of office requirement for Planning Boards. 348 APPROVED 11/8/2012;AMENDED 11/5/2015, 11/14/17 3. The Secretary of the Planning Board shall be the Planning Director or his/her designee. 4. The Chair and Secretary shall ensure that each Planning Board member is presented with a copy of the Planning Board's charge, scope of authority, membership responsibilities, and code of conduct when the Planning Board member is appointed to the Planning Board. 5. If requested by the Board of County Commissioners Chair, the Planning Board Chair, or Vice Chair in the Chair's absence, shall attend public hearings and Board of County Commissioners meetings at which a decision is scheduled for items on which the Planning Board has made a recommendation. SECTION IV.MEETINGS A. Staffing 1. The Planning Director shall perform the duties set forth in Section 1.6.4 of the Orange County Unified Development Ordinance. B. Agendas 1. Items for agendas shall be approved by the Planning Board Chair and staff. 2. The designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming advisory board meetings. The regular meeting agenda and materials shall be distributed at least seven (7)calendar days before the regular meeting C. Date, Time, and Location of Regular Meetings 1. Regular Meetings of the Planning Board shall be held on the first Wednesday of each month. The start time and location of the meeting shall be included on the agenda and shall typically be 7:00 p.m. at the Orange County West Campus Office Building located at 131 West Margaret Lane, Hillsborough. The Planning Board Chair, in consultation with staff, shall have the authority to change the start time and location of a regular meeting to meet any special circumstances, provided the information is included on the distributed agenda. D. Notice of Meetings 1. Notice of regular Planning Board meetings and agendas shall be made available to all members and interested parties, and to any person who requests such notice, at least seven (7) days in advance of the meeting by e-mail and by posting on the Orange County government website. 349 APPROVED 11/8/2012;AMENDED 11/5/2015, 11/14/17 2 +i f hlie h II form t6 the +iC�T ;-+ f ee �ea, ,gs C-9�� n �s—Or Se8tien 2.3..6-and/er-2.8-7,, as appirC-able of the Orange GO Rty I Inifiorl Development Qrdinanee. 3 AgeRda materiels fer publie hearin shall he distributed +e Dl nnin. Bead members and pested OR the-9raRge r,,,,nty en+ webs+te far in+ems+ed parties a MiRiMUMOf +en (10) Ga'en.daF day prier to the p blie hearing. 3 E. Public Hearings 1. Planning Board members shall be encouraged to attend public hearings held by the Board of County Commissioners for items the Planning Board has reviewed. F. Neighborhood Information Meetings 1. Planning Board members shall be encouraged to attend Neighborhood Information Meetings (NIMs) for Class ^ SpeGial Use Permits and rend4t'enel Zening Distrie+s that are required in Article 2 of the Unified Development Ordinance. At-Large members and members representing the Township in which a particular development project is proposed are specifically encouraged to attend the NIM. 2. Planning Department staff shall keep Planning Board members informed of upcoming Gloss A Special Use Permit and Conditional 7ening Dio+rie+ required -NIMs via e-mailed messages. Said e-mail messages shall be sent to Planning Board members on the same date, or shortly after, the notifications are mailed to adjacent property owners. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the Planning Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI.BY-LAWS 3 These sections are no longer relevant and should have been removed when the public hearing process was revised in 2017. Prior to 2017,the Planning Board and Planning staff prepared the"joint public hearing'agenda materials. The review process was changed in 2017 to have the Planning Board review items before the formal BOCC public hearing. 350 APPROVED 11/8/2012;AMENDED 11/5/2015, 11/14/17 A. By-Laws 1. Any Bylaws adopted by the Planning Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Planning Board determine modifications to policies and procedures are necessary the Planning Board may petition the Board of County Commissioners for such modifications.