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HomeMy WebLinkAboutAgenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 2021 Action Agenda Item No. 6-a SUBJECT: Unified Development Ordinance Text Amendments — "160D" Legislation DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) 1. Statement of Approval and Consistency Perdita Holtz, Planner III, 245-2578 2. Proposed UDO and Comprehensive Plan James Bryan, Staff Attorney, 245-2319 Amendments Craig Benedict, Director, 245-2575 3. Proposed Amendments to the Planning Board Rules of Procedure 4. Information from County Attorney's Office and Planning Staff Addressing Issues Raised During the Public Hearing PURPOSE: To consider a decision on 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. The public hearing for this item was on May 4, 2021 and no additional public comments shall be received on this item at the May 18, 2021 Business meeting. BACKGROUND: Background information is available in the May 4 public hearing materials available at http://server3.co.orange.nc.us:8088/WebLink/0/doc/64351/Pagel.aspx and a video of the hearing is available at http://orangecountync.gov/967/Meeting-Videos During the public hearing one resident spoke regarding the proposal to conform mailed notification timelines to statutory language. Currently, language in the UDO requires that mailed notifications for Comprehensive Plan Future Land Use Map amendments (Section 2.3.5) and Zoning Atlas amendments must be mailed a minimum of 15 days (but not more than 25 days) prior to both the Planning Board meeting and to the public hearing (two separate notices are sent) (Section 2.8.7). Staff had suggested mirroring the statutory language of a minimum of 10 days but not more than 25 days (NCGS 160D-602(a)). Residents have also sent written comments to the Board of County Commissioners; these comments are viewable on the Google Group archive page: https://qroups.google.com/g/ocbocc. No written comments were delivered to the Planning Department offices prior to the May 6, 2021 9:00 a.m. deadline. Additionally, there was discussion over the proposal by staff to add the "option to mailed notice for large-scale zoning map amendments" (NCGS 160D-602(b) to the UDO (Section 2.8.7(D)(1)). Staff has prepared information (Attachment 4) to help inform discussions on both of these issues. 2 Planning Board Recommendation: The Planning Board reviewed this item at its April 7, 2021 regular meeting and voted unanimously to recommend approval of the amendments. Materials and links related to the Planning Board's review were part of the May 4 public hearing materials. Board of Adjustment Review of Rules of Procedure: The Board of Adjustment (BOA) began review of the revisions to its Rules of Procedure (ROP) at its April 12, 2021 meeting and will continue review at a subsequent meeting. Materials for these meetings are available at: http://orangecountVnc.gov/AgendaCenter/Board-of-Adjustment-24. As a quasi-judicial board, the BOA has amendment authority over its ROP. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest as contained in Attachment 1. 2. Amendments to the Unified Development Ordinance (UDO) and 2030 Comprehensive Plan as contained in Attachment 2. 3. Amendments to the Planning Board's Rules of Procedure as contained in Attachment 3. 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. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board approve the: 1. Statement of Consistency (Attachment 1); 2. UDO and Comprehensive Plan Amendments (Attachment 2); and 3. Amendments to the Rules of Procedure for the Planning Board (Attachment 3). 3 Attachment 1 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH ADOPTED ORANGE COUNTY PLANS Orange County has initiated amendments to the Unified Development Ordinance (UDO) in response to a complete reorganization of North Carolina's planning and development regulation statutes into new chapter 160D (Local Planning and Development Regulation) of the North Carolina General Statutes. The Board of County Commissioners hereby approves the proposed text amendment and finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning board review and comment — Plan consistency and 160D-605(a) Governing board statement — Plan consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following: • Land Use Goal 6 of the 2030 Comprehensive Plan — A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by conforming the UDO to state statutes while also maintaining the intent of existing regulations. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by conforming the County's land development regulations to State of North Carolina General Statutes. The Board of County Commissioners hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein. Renee Price, Chair Date 4 Attachment 2 Ordinance # ORD-2021-011 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE and 2030 COMPREHENSIVE PLAN OF ORANGE COUNTY Whereas, 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 and codified land use and zoning statutes into a new chapter, 160D (Local Planning and Development Regulation), of the North Carolina General Statutes, and Whereas, all local governments that exercise zoning authority in North Carolina are required to conform their ordinances to NCGS Chapter 160D by July 1, 2021 , and Whereas, County staff has completed necessary amendments to the Orange County Unified Development Ordinance and 2030 Comprehensive Plan, and Whereas, the requirements of Section 2.3 Comprehensive Plan Amendments and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance have been deemed complete, and Whereas, the Orange County Planning Board has recommended approval of the proposed text amendments, and Whereas, the County has held the required public hearing and has found the proposed text amendments are consistent with the goals and policies of the adopted Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance and 2030 Comprehensive Plan of Orange County are hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this day of , 2021. 5 I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2021 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2021. SEAL Clerk to the Board of Commissioners 6 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 Strikethre gh 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/DocumentCenterNiew/8305/Unified-Development- Ordinance-PDF 7 ARTICLE 1 : ADMINISTRATION PROVISIONS'SECTION 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, Artiele 1-8160D" (B) Chapter 4, (G) Chapter 160A, nFtiGle 19 MLCLChapter 39, Article 5A, WLQL_§47-30, (E) §143 214.5, and (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) Pans 2, 3 and-4-Articles1, 7, 8, and 11 of Artisle 18 of 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 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 zanindistrict, ^r Genditional use diStFiGt g (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-203.- 1.1.7 Conformance with Adopted Plans (A) 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 Zoninq 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 applicant.- {A}LLThe 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 Article 1: Administration 9 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 Chapter 153A, Article 18, oar+ 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. 9 Relationship with Other Laws, Covenant, or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or f eral law, the more restrictive provision governs, to the extent permitted by law. T e more restrictive provision is the one that imposes greater restrictions or more st ngent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with pr isions found in other adopted ordinances or regulations of the County, the more r strictive provision verns. The more restrictive provision is the one that imposes reater restrictions or mo stringent controls. (C) In acc dance with this Ordinance, a property owner may e required to record deed restrictio , covenants, or other legal documentation ou ning development limitations imposing regulatory standards on the p etual development and/or use of property. ile the County may require such le documents to be recorded as part of the norm, orm development review process, t e County has no enforcement authority over priv a covenants or deed restri ons that are not based on development limitatio s imposed by this Ord' ance. This Ordinance is not intended to interfere with, abrog or annul any ea ment, covenant, deed restriction or other agreement between priva parties. Ora e County does not enforce private agreements. (D) Town of Chapel Hill Land Deve ent Standards: The regulations governing the use of land and structures as co 'ned in the Town of Chapel Hill Land Development Ordinance are reby dopted by reference as fully as though set forth herein. The regulations sh be applic le to that portion of the Transition Area located within the Chapel ill Joint Deve ment Review Area as prescribed in the adopted Joint Planning rea Land Use Pla nd the adopted Joint Planning Area Land Use Map. (E) Town of Carrboro and Development Standards: he regulations governing the use of land and stru ures as contained in the Town of rrboro Land Use Ordinance are hereby adopt d by reference as fully as though set for herein. The regulations shall be ap icable to that portion of the Transition Area Gated within the Carrboro Joint De Iopment Review Area as prescribed in the adop d Joint Planning Area Land e Plan and the adopted Joint Planning Area Land Us Map. (F) Th Jordan Water Supply Nutrient Strategy Rules and riparian b er protection rules ( rdan Lake Rules)of 15A NCAC 02B .0265, .0267 and .0268, ap to all lands ithin the Jordan Lake Watershed portion of Orange County. Wherev standards of the Jordan Lake Rules and the standards listed in this ordinance differ, a more restrictive provisions shall apply. G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules nd the riparian buffer protection rules (Neuse Rules)of 15ANCAC 02B .0235, .024 , .0233, .0241, and .0242 apply to all lands within the Neuse River Basin portion of Orange County, North Carolina—Unified Development Ordinance Page 1-4 Article 1: Administration 10 Section 1.1: General Provisions connection with such construction, provided that actual construction work e diligently pursued until completion of the building. (B) Buildi ermits, variances, special use permits, subdivision s, site plan approvals, a other similar development approvals tha a valid on April 5, 2011, will remain valid u ' heir expiration date. Develo nt may be completed in accordance with such a vals, even if suc ilding, development or structure does not fully comply with pro ' ' ns o s Ordinance. If building is not commenced and diligently pursued in the time d under the original approval or any extension granted, then the ding, deve ent or structure must meet the standards of this Ordi ce in effect at the time -application. (C) Applications f uilding permits, variances, special use p is and other similar develo nt approvals that were submitted in complete form an ere pending a val on April 5, 2011 shall be reviewed under the terms of the or i ce(s) in effect at the time the application was deemed complete. Any re-application expired approval must meet the standards of the ordinance(s) in effect at the time re-application. 1.1.15 Vested Rights and Permit Choice (A) In accordance with the provisions of NCGS 15�° 34 4.1160D-108 a property owner may seek a vested right designation on any Ssite-Sspecific development Vesting§ 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 1601D-108.- 1.16 Severability t is the legislative intent of the Board of County Commissioners in adopting this 0rdinanc at all pr sions and sections thereof shall be liberally construed to protect and preserve th eace, health, fety and general welfare of the inhabitants of Orange County and, furth , that should any provisi portion, section, or subsection of this Ordinance be held to be nstrued as affecting the va ' 'ty of any of the remaining provisions, portions, section r subsections, it is the intent of the Board ounty Commissioners that this Ordinance sh stand, notwithstanding the invalidity of any provisio , r section or part thereof. 1.1.17 Repeal of Existing Regulations All existing regulations now contained wi ' thi rdinance are hereby repealed. The adoption of this Ordinance, however, shall not affect revent any pending or future prosecution of, or action to abate, an existing violation of id regul ' ns, as amended. (A) Status of Prior Viol ons (1) All violati of the regulations repealed by the option of this Ordinance shall rema' iolations of the ordinances of Orange Cou and all penalties and orcement remedies set forth herein shall be availabl s though the violation were a violation of this Ordinance. However, if the effect of this Ordinance is to make a formerly unla or nonconforming use become lawful and/or conforming, then no enforce t action shall be taken except for the imposition and collection of penalties for e violations that occurred prior to the effective date of this 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 LIDO 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 Article 1: Administration 11 Section 1.2: Official Zoning Atlas (2) The ards shall limit development to the type that would bep ed under the existing s s contained in this Ordinance a hat which is in accord with the contemp Ian or its i nting mechanisms; (3) The standards may be in only in a affected by the contemplated plan and/or in s implementing mechanisms ly; and (4) s andards may limit the nature and type of development app i sand 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 so-rFe Official Zoning Atlas and prior Z^^i Tversions may be maintained either in paper or digital format.- (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 Offici Zoning Atlas. The Planning Director shall authenticate the entry of each amendment he Official oning Atlas and shall maintain a record of the nature and date of Ty of each a ndment. (G) Change the Official Zoning Atlas, other than those au rized by duly approved amendment this Ordinance, shall not be made. T making of unauthorized changes to the ' ial Zoning Atlas shall be con ' ered a violation of this Ordinance. (H) Amendments to this Or ' ance that result i e change in classification of any piece of land shall become effects immedi y upon enactment by the Board of County Commissioners. The Board of y Commissioners, upon a finding of due cause, may extend the effective date any ch amendments. (1) When all or part of the O 1 ial Zoning Atlas comes damaged, lost, destroyed, worn or hard to interpret b eason of its age, conditi number of changes or otherwise, the Atlas shatlall b eplaced by the Planning Director. his new edition of the Official Zoning As ay not change the zoning status of any p erty. Such replacements shall be henticated by the Clerk of the Board of County missioners and shall bear a date of replacement. 1.2.2 Interpre ion of Zoning District Boundaries W n there is any uncertainty as to the intended location of any zoning district boundary on oning Atlas, the Planning Director shall make an interpretation of the Atlas upon request of�any $New provision in NCGS 160D-105. Orange County, North Carolina-Unified Development Ordinance Page 1-8 Article 1: Administration 12 Section 1.3: Board of County Commissioners erson. Any person aggrieved by any such interpretation may appeal such interpretation the B rd of Adjustment. The Planning Director and the Board of Adjustment, in interpret' g the Zonin Atlas or deciding any appeal, shall apply the following standards: (A) Boundaries indicated as approximately following the centerlines o treets; highways o Ileys shall be construed as following such centerlines; (B) Boun ies indicated as approximately following lot lines all be construed as following ch lot lines; (C) Boundaries in ' ated as approximately following i y Limits shall be construed as following such Cit imits; (D) Boundaries indicated a ollowing railroa nes shall be construed to be the center line of the main track; (E) Boundaries indicated as followi orelines shall be construed to follow such shorelines; in the event of cha e i the shoreline, the boundary shall be construed as moving with the actual s relines; (F) Boundaries indicated approximately foll ing the centerlines of streams, rivers, canals, lakes or of r bodies of water shall be nstrued as following such centerlines; (G) Boundarie hown as approximately following designa flood hazard area limits shall be onstrued as following such limits; (H) Bo daries indicated as parallel to or extensions of features in i ated in Subsections through E above shall be so construed. Distances not specifica indicated on the Zoning Atlas shall be determined by reference to the scale of the Atla ; and Where physical or cultural features existing on the ground are at variance ' h those shown on the Zoning Atlas, or in other circumstances not covered by Subsecti s A through F above, the Board of Adjustment shall interpret the district boundaries. SECTION • OF •UNTY 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 deGide appliGations fer the approval ef Class A SpeGial Use permit as noted M the Qrherli ile of Permitter! Uses as rem iri of the RA;;rPJ Gf hereiR. IR eXeFGiGiRg this power, the Beard be6lRd by the State GRabliRg legislattief�l rnakiRg fURGtiE)R withiR a quasi judiGial GapaGity and shall make its deGiSiGRs base general and Sn1QGifiG standards and requ..rernents of the PartiGUlar SpeGial Use as rlefir,erl herein, 9 (q(e) Hear and decide applications appealing those decisions appealed to the Board of County Commissioners. 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 Pagel-9 Article 1: Administration 13 Section 1.4: Planning Director M(C) Establish Rules of Procedure for the conduct of hearings and other proceedings before the Board of County Commissioners in exercising responsibilities identified herein. (€LQL_Make the necessary appointments to the Planning Board and Board of Adjustment. (E) Provide, by appropriation, funds for the administration of this Ordinance. 1.3.2 Conflicts of Interest99— (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 anV 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: PLANNING DIRECTOR Nk.4.1 Responsibilities (A) The Planning Director, or his/her designee, shall have the responsibility for t administration, interpretation, and enforcement of this Ordinance. Within this Ordinance, `Planning Director' is synonymous with the ind' dual actually serving in that capacity or a designated employee unless otherwis specified. (C) a Planning Director is an employee of the County hired by d reporting to the Cou Manager and shall have the following duties in res ct to this Ordinance: (1) Admi ' tering all provisions of this Ordinance for ich administrative response 'ities are not otherwise expressly as ' ned; (2) Making interp tations of the provisions of is Ordinance; (3) Reviewing all apple tions submitted ' accordance with the requirements of this Ordinance to ensure c pliance ' the provisions of this Ordinance; (4) Coordinating County staff's pliance with duties and responsibilities specified in this Ordinance; (5) Preparing reports for, bmitting re mendations to, and seeking input from, the Planning Boar or all matters for 'ch this Ordinance requires review and approval by the anning Board; (6) Maintainin ecords of the Planning Board's me ings and actions; (7) Ensuri the text of this Ordinance and the zoning a s are modified to reflect any mendments approved by the Board of County Co issioners and intaining up-to-date originals and copies of these docum ts; (8) Conducting on-going regular reviews of the text of this Ordinanc nd proposing amendments necessary to implement and ensure consistency with e policy objectives of the County; (9) Maintaining records of the Board of Adjustment's meetings and actions; 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 Article 1: Administration 14 Section 1.5: Planning Department XConditions rting any variances or interpretations of the location of the boundary of of special flood hazard area to the Federal Insurance Administration on est; and ting Zoning Compliance Permits, making inspections of buildin or ises, revoking permits, and any other procedures necessar o carry out the cement of this Ordinance. 1ority When rendering decisio on the approval of development projects, a interpretation of this Ordinance, or the issuanc f permits, the Planning Director shal etermine if the application is consistent with the requireme s of this Ordinance and issue a appropriate permits or other approvals. The following limitati s apply: (A) Issuance of a permit aut izing the excav on, construction, moving, alteration, or use of land shall in no case construe s waiving any provision of this Ordinance. (B) Under no circumstances is the n ' g Director permitted to grant exceptions to the actual meaning of any clause, st rd, or regulation contained in this Ordinance to any person making application exca te, construct, move, alter, or use either building, structures or land. (C) Under no circumstance s the Planning Direc permitted to make changes to this Ordinance or to vary e terms of this Ordinance carrying out assigned duties. (D) The Planning Di ctor shall issue a permit when an a licant demonstrates that the standards est fished by this Ordinance are complied wi regardless of whether the use of the rmit would violate contractual or other arrange nts (including, but not by way imitation, restrictive covenants) among private pa (E) The anning Director shall revoke a zoning compliance permit if it found to be is ed in violation of any of the provisions of this Ordinance, or if the c ditions as tated on the permit are not carried out. (F If an application for a permit is disapproved, the Planning Director shall state i 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 1.5.1 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. 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 Article 1: Administration 15 Section 1.6: Planning Board (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,2applications of approval of Special Uses, �s fer a" planned develepmeRts applications of 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 53 160D, orfi^io 18 Part- Section 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 in113 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: 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 UDO. 13 Update to reflect language now used in General Advisory Board Policy. Orange County, North Carolina—Unified Development Ordinance Page 1-12 Article 1: Administration 16 Section 1.6: Planning Board (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. 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 tenure of office shall be three years. Members are eligible for reappointment for 4 neligible for reappointment for one year after the expiration of the previous terms. (B) AppGiRtmeRtS shall be made so that ene third- A-f the te-Irms expire 'R MaFGh Gf eaGh Galendar year. AppOiRtMeRtS made to fill vaGaRGieS shall be fnr the -inexpired term, if thefe-afe4e&s than twe years remaoRORQ OR the 6IRexigored term and shall net be e Un+ed a a term in determining eligibility fer re in+men+ Board shall, before enteronq their duties, qualify by tahinn an oath of nffiee as required by NGGS 1.F24_'26 — (D) 4 member�Afhnse term has expired shall may eentinue to se fie on the Board i inti his/her respep-tiye si irressnr hoc been appointed 4tteprtanse at the regular meetings of the Beard anrt at Di blir Hearings shall he r-epsirtererl a prerequisite fer maintenance of membership en the Planning Beard, The Reard of f eU Rty Gemmissieners may deelare a VaGaRGY OR the Planning RearrJ besa,se "vr'anTeFvel snvrnr aatcerld'urn1Ge, er.lanne ,e,i+h the Dlannin.. Beard RI Iles of Dreeed ire reeemmeRdatien shall he e eri (F) AbSeRGe due te SiGkRess, death of an immediate family member er similar reaSE)R 1 Tope (A) The Rnard of(`c) in+y Gc)mmissinners may by resnli itinn estahlish ri files relater) to te.nre and member eXpeGtations. if the terimisfsi i�eh rrcseli itinn or nnlir•�V nreated- thereby, eenfliet with the terms of this sernn 1 6 4 nr 1 R 2 the terms of the reset utien OF el ti iny shall eentrel 14 Because this information is now included in the two referenced policy documents,staff is recommending these duplicate provisions be deleted from the UDO. 4:5 -,te+p reflectcurrent advisory bearr1 pplis.. Orange County, North Carolina-Unified Development Ordinance Page 1-13 Article 1: Administration 17 Section 1.6: Planning Board 1.6.3 Duties18 As provided for in 15,�3A-32116OD-301 of the General Statutes of North Carolina, as amended, the Planning Board shall have the following geReral Powers and Duties: (A) Make studies of Orange County and surroundin areas;�,r,,�,o,a,« o,a,,g � g (B) Detenrmip,en hiest�e�Gbesought ipr rr, the d-eV era f GraRge GGURt -o� VTIITITT�G� �y; (C) nn and rennGR;R;e d plan or aghi then hi tiven Tv� 82 ��--�,m,r2'd;,�,g-z,�,�Se�re6�,-P�-&1 (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(B) Develop and recommend policies, ordinances, development regulations, administrative procedures and other means for carrying out plans in a coordinated and efficient manner; ( )LqLAdvise the Board of County Commissioners concerning the use and amendment of moons for parrying Yut implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by NCGS 160D- 604; ( )JDLExercise such functions in the administration and enforcement of various means for carrying out plans that the Board of Commissioners may direct; (G)fl�LPerform other related duties that the Board of County Commissioners may direct; (H) Ap,p,reye and r r! rl en for aop,tion by the Beard of G0 IRty GeMMOssiop,ers a LT' f amp .-1...,si en Plan for then r e gelop,meRt of the r Rty a well a 8RdFneRts thereto• and 0) ThePlanning Beard werking with thePlanning D*reGtor, shall from time timen at �r� v-crr-cis v-rr cv�vrrt�mrvm�n�-r vzn-r�� i nteRials of not moren than mine the provisions of this !lr`tinangen and then lonation of Zoning District boundary linens and shall submit a report to the Beard oCounty R-9GOrnmending Ghanges and amendments, Of any, WhiGh desara-hie *n the interest of publiG health, safety, and general vVelfare, mindful of the intent expressed in Ci ihsenntion 1.1.5. 1.6.4 Conflicts of Interest19 (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. 1 6 41.6.5 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. 18 All revisions in the section conform the UDO to NCGS 160D-301. 19 Adoption of conflict of interest standards are now required, pursuant to NCGS 160D-109. Orange County, North Carolina—Unified Development Ordinance Page 1-14 Article 1: Administration 18 Section 1.7: Comprehensive Plan (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. ''�1.6.6 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". 1.6.61.6.7 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. 1.6.71.6.8 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 for the long term nhySiGal development thothat 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-501.20 prepesals fer ph„siGal deyelopmo^+. The Comprehensive Plan shall periodically be reviewed and maintained to ensure the relevance of policies to current and protected conditions.77 — (G)(B)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 20 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. 21 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 Article 1: Administration 19 Section 1.8: Board of Adjustment (D) Natural and Cultural Systems, including: (1) Agriculture, (2) Air and Energy Resources, (3) Cultural and Historic Resources, ( Natural Areas,Wildlife Habitat and Prime Forests, (5) Water Resources, (E) Parks nd Recreation, (F) Services d Community Facilities, including: (1) Water an astewater, (2) Erosion Contr and Stormwater Mana ment, (3) Solid Waste and cycling, (4) Public Safety and Tel ommun' ations, (5) Library Service, (6) Education, (G) Transportation, (H) County Profile (Data , and (I) Such additional ements dealing with others ects which in the judgment of the Board of Com issioners relate to the physical de elopment of the county. Such elements m include, but not be limited to, the sub cts of historic preservation, communi or rural design, growth management, etc. 1.7.3 Area Plans As part of th Comprehensive Plan, area plans may be prepared which focu on a portion of the County s as a township, a watershed or an interstate highway interchange. ikewise, technic information and/or task force reports prepared as part of a plan element an area plan may incorporated as part of the appendix of or as a supplement to the Comprehe ive Plan. I reparation and adoption of a plan element, area plan or other similar document, the and of ommissioners shall ever be mindful of the need to balance the public interest with the nee of private interests, particularly in the conservation of surface and underground water resources, oil resources, and natural growth resources of the county and the efficient use of the renewable an non-renewable sources of energy. SECTION 1.8: BOARD OF ADJUSTMENT 1.8.1 Establishment (A) The Orange County Board of Commissioners under the authority of§'53�a160D- 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. Orange County, North Carolina—Unified Development Ordinance Page 1-16 Article 1: Administration 20 Section 1.8: Board of Adjustment 1.8.2 Tenure and Membership (A)—Tenure and Membership information is included in the Orange County Advisory Board Policy and the Board of Adiustment Rules of Procedure, as approved by the Board of County Commissioners.The members shall be appointed by the Beard r.f County Commissi gr for 4o._—_-_�rm f 4 ee year . 0 member whose term hasexpired shall coRtmRue to serve 9R the Board unto! hisiher respective successor has been (B) Members;' terrns Shall be staggered so that all terms Will Rot expire simultaReeusly. memher's term the appointment shall he for the time n ied of the URexpmFed term only and shall net hen Inted a a regular term for that member. terms a member shall be ineligible for reappointment until one calendar year has elapsed from the dote of completion of the second term (D) An alternate member shall only dote On the ahqLQnce e a regular Member 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 B 22Special 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 Interest23 (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. zz 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. 23 Adoption of conflict of interest standards are now required, pursuant to NCGS 160D-109. Orange County, North Carolina—Unified Development Ordinance Page 1-17 Article 1: Administration 21 Section 1.9: Development Advisory Committee '�,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. (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. 1.8.51.8.6 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. 4-$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 •P ADVISORY • 1. . Establishment and Intent (A) stablishment There is here ta�in a Development Advisory C�ith ee (DAC)to assist the Planning Departmenexecution of its fun ' wect to processing applications submittecor e w e provisions Ordinance. (B) Intent The DAC�arm'a`l advisory committee to allow vario titles to review and discu ated with a submitted application in order to t with the velopment of a formal recommendation as to the disposition of the reque 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. Orange County, North Carolina—Unified Development Ordinance Page 1-18 Article 1: Administration 22 Section 1.10: Floodplain Administrator (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. 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, (J) City of Mebane, (J)(K) City and/or County of Durham,24 KLLLOrange Water and Sewer Authority, WLKLOrange-Alamance Water District, (M)(N) Public Utilities, N(Q) Natural Resource Conservation Service, and (A)LPLBoards of Education; Orange County and/or Chapel Hill-Carrboro. Meetings The P a ' Director is to convene and chair meetings of the Development ory Committee. The minutes of a eeting of the Committee are to be maintained separate document in the nature of a public rec the office of the Planning Dire eetings shall not be open to the public. 1.9.5 Reports The Developm�rezoning, ittee shall prepare its report on a osed amendment, Special Useditional Districts, or subdivision on the ba ' the petition, if any, pporting documentation as well as any public plans, studies, or data for i on in the official review file of the given project. 24 Added to reflect long-standing courtesy review agreements and areas of mutual planning. Orange County, North Carolina—Unified Development Ordinance Page 1-19 23 ARTICLE 2: PROCEDURES ISECTION2.1: REVIEW D DECISION MAKING AUTHORITY- SUMMARY TABLE The following table provides a brief synopsis of the review and decision-making processes for development applications. TABLE 2.1: REVIEW D DECISION MAKING AUTHORITIES 10 R=REVIEw DM=DECISION MAKER PH=PUBLIC HEARING ZONING/DEVELOPMENT EROSION DEVELOPMENT REVIEw RELATED PLANNING CONTROL ADVISORY BOARD OF PLANNING BOCC PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT BOARD Zoning Compliance R and DM R R Permits Soil Erosion and Sedimentation Control R and DM Permits Stormwater Management R and DM Plans LIDO Text Amendments R R R[1] DM and PH Zoning Atlas R R R[1] DM and Amendments PH DM and EPH P-114 DM d Special Use Permits R R R Glass B Glass P44 Glas-s-A Zoning Variances R R DM and EPH R R p4q BM i;nd Appeals/Interpretations R R DM and EPH 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 [2] DM Conditional U-se R R R R[1] R, DM, District and PH Appeal NOTES Ill 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 Article 2: Procedures 24 Section 2.2:Applications (B) If the applicant is not the owner, or sole owner, of the land, a notarized letter si ed by the owner(s)consenting to the submission of the application shall be su itted along with all required application information and materials. 2.2.2 Time rocessing of Applications The Planni Director, Planning Board, Board of Adjustment, Board of C my Commissioners and all other a orized review and decision-making bodies shall mak every reasonable effort to process, review, a act on applications in a timely manner, consis nt with the need to fully consider the applicati 's proposed impact and ensure that it is nsistent with the spirit and intent of the Orange Cou Comprehensive Plan and other a advances the public health, safety, and general welfare. 2.2.3 Burden Of Proof The burden of demonstrating that an ap i atio complies with applicable submittal, review, and approval criteria is on the applicant. 2.2.4 Form of Application and Filing Fee (A) Unless a greater nu er is specified herein r a specific review procedure, three copies of all appl' ations, including required su orting documentation, shall be submitted byi applicant. Applications detailing submittal requirements for each type of app ation are available in the Planning Depa ent office. (B) Offici responsible for accepting applications shall mainta' a list specifying the ma rials and information to be submitted with each applicatio iled. The list shall be ade available to all applicants and to any other person who req sts a copy. (C) The Planning Director is authorized to propose and promulgate admini ative regulations, including but not limited to the type and amount of data requir 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 b 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), (4)(3) Conditional ZGRing District (CZD), (5)(4) Major Subdivision, and/or (6)(5) 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 Article 2: Procedures 25 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 re ing PEER.,, is legislative; Use Permit .,.,rfi.,., io si_„didal Text Future Land Use Map ( )JqJ_Conditional ZGRing District(C�- 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 chart. 2.3.2 Genera Staff Recommend 'on to (A) e Comprehensive Plan shall be so Planning B rd pre red that all or individual elements and pa thereof may be adopted and/or amended the Board of Commission PI ing Board Review nd Recommendation (B) For the purpose o stablishing and maintaining sound, s le, and desirable development within Ora e County, the Comprehensive Plan or po ' n thereof Publish Legal Ad shall not be amended except a follows: F(Both Amendment Types) (1) Because of changed or changi conditions in a particular are r areas of the County; Staff and Planning Board (2) To correct an error o mission; or Recommendation to BOCC (3) In response to ange in the policies, obj Ives, principles or standard overning the physical devel ent of the County. Public Hearing 2.3.3 Initiation of A ndments (A) n amendment to the Comprehensive BOCC D ision Plan or portion thereof may be initiated by: (1) The Board of Commissioners on its own motion; Note: This chart is meant as a graphical representation of the UDO text;the text shall e (2) The Planning Board; priority in any conflict or ambiguity. Orange County, North Carolina—Unified Development Ordinance Page 2-4 Article 2: Procedures 26 Section 2.3: Comprehensive Plan Amendments Application, by any person or agency, which accurately and co y sets forth reason(s)for the proposed amendment as prescrib ection 2.3.2(B); or (4) The Plannin ' ctor. (B) Once initiated, all amendmen a referred to the Planning Board. 2.3.4 Public Hearing Require A public h shall be held before adoption of any proposed Comprehensi n amendment. T and of County Commissioners shall hear applications and receive public comm 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, but not more than 25 days, 25 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. 25 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. 26 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 Article 2: Procedures 27 Section 2.3: Comprehensive Plan Amendments 00 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 week 27 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 sled size of the RGtiGe shall be 25 square i,=Ghes.28 3.6 Consideration of Amendments (A) A proposed amendment may be considered in conjunction with a rezoning r est for the same property. 2.3.7 Applic on Requirements (A) erally (1) Al plications for amendments to the Comprehensi a Plan shall be submitted on for supplied by the Planning Department a shall be signed. (2) Three copi of the application shall be sub tted to the Planning Director. (3) Before acceptin ny amendment app' ation, the Planning Director shall ensure that it contains all re ired info rmat' , as specified in this Ordinance. Applications which are t com te, or otherwise do not comply with the provisions of this Ordinanc all not be accepted by the Planning Director, but shall be returned to the a is with a notation by the Planning Director of the deficiencies in the app ation. (B) Contents of Applic 'on Applications for am ments to the Comprehensive n, without limiting the right to file additional materi , shall contain at least the following: (1) For endments to the Future Land Use Map within Land Use Element, a p at a legible scale adequately illustrating the land whi would be covered by the proposed map amendment, and a complete list of Prope Identification Numbers (PIN)for the properties; (2) For amendments to the Comprehensive Plan text, a copy of the exists 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 27 Clarification on number of times a notice is published. 28 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 Article 2: Procedures 28 Section 2.4:Zoning Compliance Permits elements associated with obtaining a Zoning Compliance, Erosion C ol, and rmwater permit as detailed herein. (2) Interior r ation or repair of an existing structure, ed the use of the lot and/or structur s not changed. (C) Issuance of a Zoning Compli Permit i quired prior to beginning the excavation for the construction, moving, altera or repair, except ordinary repairs, of any building or other structure, incl i g an ac sory structure. The Zoning Compliance Permit shall include a de ination that plans, ifications and the intended use of the structure confo to the provisions of this Ordina (D) Issuance Zoning Compliance Permit is required to change pe of use or type of o pancy of any building, or to expand any use on any lot on whic ere is a on-conforming use. The Zoning Compliance Permit shall include a determin n 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 ^r-A Use Permit, a Zoning Compliance Permit shall not be issued until the aforementioned permit has been issued by the responsible beard Board 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 dispo of trees, limbs, stumps and construction debris associated with the permitt activity. Open burning of trees, limbs, stumps, and/or construction debris ass sated with the permitted activity is expressly prohibited. (E) building, structure, or zoning lot for which a Zoning Corn ' nce Permit has been iss shall be used or occupied until the Building Inspe r has, after final inspec issued a Certificate of Occupancy indicati compliance with all the provisions this Ordinance. (F) No building, str ure, or zoning lot for which oning Compliance Permit has been issued shall be use or occupied until the ange County Health Department has approved the water su ly and sewag isposal systems serving that use. (G) Issuance of a Certificate of cup cy by the Building Official or the approval of a water supply and sewage disp I system by the Health Department shall in no case be construed as waiving an rovi ' n of this Ordinance. (H) Zoning Compliance P its shall beco null and void after 18 months from the date of issuance if a buil 'ng permit is not applie or or land disturbing activities are not commenced in cordance with the provisions this Ordinance. 2.4.3 Plot Plan Specificat' s (A)Z(2) A lopment types requiring a plot plan rather than a si Ian, the plot plan shall he following: aled drawing denoting the length of all property lines, north arrow denoting the orientation of the lot and all proposed stru res, (3) The location of all existing structures, driveways, and areas of impervious surface, Orange County, North Carolina—Unified Development Ordinance Page 2-8 Article 2: Procedures 29 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 stem and proposed drain lines on Determina ' n of Completeness the roperty, B lanning Director (7) The loc 'on of the proposed well, and Completed Application (8) The location o y protected Distributed to Applicable features on the pr erty(i.e. stream Agencies, Development Advisory buffers, flood plain, w ands, etc), Committee, and Other and Departments for Review (9) The location and dimensions proposed parking areas. (B) Base plot plans are avail e from the Planning Department d can be Planning Director Review and Final printed for a fee in cordance with the Decision: Approval, Approval with established fee hedule. Applicants Conditions, or Denial [1] may also us ther sources of base plot plans pro ' ed the requirements of this Sectio are met. [I] If Plan is roved with conditions, no (1) Planning staff is available to zoning permit a orization or building discuss compliance matters but permit issued until nditions satisfied shall not complete plot plans. SECTIO KI 2.5: SITE PLAN REVIEW 2.5. 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) 6arne GIAVeare hemes,as defined on tide '�Definit Center in a Residence.29. 29 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 Article 2: Procedures 30 Section 2.5: Site Plan Review Rural Guest ESta . �P��v-c:ich three�ccstrv^ma or rtoS6 Bed & BFeakfastsShort Term Rental— Host Occupied 30 (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 provisio detailed in this Section. Additional copies may be required depending on the ature 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 prop y identified; (4) Legal documentation, to be approved by the County Atto ey, establishing entities responsible for control over common areas an facilities. (5) ree copies of the Environmental Assessment an or Environmental Impact St ment, if required under Section 6.16 of this rdinance. (6) A stat ent regarding the method of disposa f trees, limbs, stumps and construc ' n debris associated with the per fitted activity. Open burning of trees, limbs, stum s, and/or construction debris ssociated with the permitted activity is expressly pro 'bited. (C) Other items which sh uld be submitted multaneously, but are not required as part of the site plan applicati n are: (1) Erosion control and gr ing pl s as necessary to be approved by the Erosion Control Officer for a grade ermit, and (2) Stormwater managemen la s as necessary to be approved by the Erosion Control Officer prior to a issu ce of a Zoning Compliance Permit, and (3) Building constructio plans to be a roved by the Building Official prior to issuance of a bui ing permit. 2.5.3 Plan Specifications Each site plan shall be dr n at a scale adequate to show req 'red detail and shall contain the following information: (A) The bo dary of the lot(s)to be developed labeled with earings and distances; (B) The ame, address, and phone number of the applicant an the property owner; (C) me of project, vicinity map, north arrow, scale, tax map refe nce number, date of Ian preparation, and subsequent revision dates; (D) Zoning of the property to be developed and all adjacent zoning and a isting 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 uare 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; 30 Although not related to"160D" 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 Article 2: Procedures 31 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-SZ-CD zoning district, as detailed within Section 5.2-.331 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) (a n Mott F)e RG IGR o. issued a of JaRgary , 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 Plana2 (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 development vestin plan must be approved by the Board of County Commissioners as a Special Use Permit, aGGGrdaRGG with SeGti n 2.7 of this OrdiRanGethrough either the normal project approval process if the Board of County Commissioners is the approval authority, or, in the case the Board of 31 Correct a section referenced missed in a 2019 amendment. 32 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 Article 2: Procedures 32 Section 2.5: Site Plan Review County 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. WLqL An approved site specific deve'�o�lopme plan shall contain the following statement: "Approval of this plan establishes a zoning vested right under G�NCGS 15,�3A-344.1160D-108. Unless terminated at an earlier date, the zoning right shall be valid until " (B)(D)The site specific . �'.. min.vesting 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. .5.6 Guarantee of Improvements (A) If a guarantee of improvements is required as a condition of site plan approvaKeapplicant shall provide Orange County with a security bond/zoning escrow agreem , irrevocable letter of credit by an approved ins (B) The guarantee shall be effective for 12 montclude the st of the improvements plus 10%. (C) Pri to issuance of any site plan approval, thha e approved by the Coun ttorney. (D) If a guaran a is not submitted, the developell required improvements to the satisfac ' n of the County prior to issuaning compliance permit. 2.5.7 Additional Requirements for rlay Districts (A) Efland-Cheeks Highwa 0 Corridor O rlay District (1) Approval Requirements Within the Efland-Cheeks H' y 70 Corridor Overlay District(ECOD), no construction activity shall in no shall any conversion of existing single-family residence to a non-re ' ential land u excavation, soil removal, grading or disturbance of veg tion including trees, and disturbing activity associated with a non-residentia and use, be commenced, or any sign erected until such time as a site plan as been approved and a permi ' sued by the Planning Director in accordanc with this Section and Section 2.4 of ' Ordinance. (B) Efland Int state Overlay District (1) A roval Requirements Within the Efland Interstate Overlay District, no construction acts ' shall begin nor shall any excavation, soil removal, filling, grading or disturbanc f vegetation, including trees, be commenced, nor any sign erected for a use subject to the requirements of the overlay district until such time as a site an has been approved and a permit issued by the Planning Director in accorda 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 Article 2: Procedures 33 Section 2.6: Floodplain Development application Permit and Certificate Requirements (1) Approval Requirements Within the Efland Village Overlay District, no construction activity sha egin nor shall any excavation, soil removal, filling, grading or disturbance o egetation, including trees, be commenced, nor any sign erected for any u subject to the requirements of the overlay district until such time as a site n has been approved and a permit issued by the Planning Director i ccordance with this ction and Section 2.4 of this Ordinance. (D) Major Tr sportation Corridor Overlay District (1) Approval quirements Within the Majo ransportation Corrid istrict, no construction activity shall begin nor shall any cavation, soil moval, filling, grading or disturbance of vegetation, including t s, be c menced, nor any sign erected until such time as a site plan has been a r d and a permit issued by the Planning Director in accordance with this Secti d Section 2.4 of this Ordinance. 2.5.8 Additional Requirements for Eco mic Develop nt Districts (A) Prior to submissio f an application for site p n approval, applicants shall meet with representatives the Planning and Inspections, d Economic Development Department o identify policies, procedures, regula s, and fees applicable to develop nt proposals. (B) Any oposed subdivision in an Economic Development Dis t shall follow the royal procedures as specified in Section 2.16. (C) In addition to the submittal requirements contained in this Section, a mplete 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 an proposed grades, as well as the relationship of different site features. SECTION • •DP •PAPPLICATION 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)(B) 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 nrtiGle ,o Sections 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 Article 2: Procedures 34 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 Section 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-proofing33 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; 33 Conforming language to how it is used by FEMA. Orange County, North Carolina—Unified Development Ordinance Page 2-15 Article 2: Procedures 35 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 Co ol, Riparian Buffers, Mining, etc.); (H If the application is for placement of recreational vehicles and/or tem rary structures, documentation to ensure compliance with Section 6.2 )(5) and (7) of t ' Ordinance. (1) If a w rcourse is proposed to be altered and/or relocate , a description of the extent of tercourse alteration or relocation, an en ring report on the effects of the propose roject on the flood-carrying capacity the watercourse and the effects to properties to ted both upstream and downstr m; and a map, drawn to scale, (if not shown on plot n) showing the location the proposed watercourse alteration or relocation. 2.6.3 Data Requirement The following information shall be provided minimum on the floodplain development permit to ensure compliance with this Ordinance. (A) A complete descriptioDdf all the develop nt to be permitted under the floodplain development perms e.g. house, garage, poo , septic, bulkhead, cabana, pier, bridge, mining, d red gin filling, grading, paving, excava i n or drilling operations, or storage Of equipment materials, etc.). )Z"Zndan The SF determination for the proposed development r available data specified in Se on 1.1.3 of this Ordinance. Tegulatory flood protection elevation required for the referen level and all attet utilities. The regulatory flood protection elevation required for the protection of al ublic utilities. All certification submittal requirements with timelines. 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) (H)(1) A statement indicating that all materials below BFE and/or Regulatory Flood Protection Elevation (RFPE) must be flood resistant materials. 4 Certification Requirements An Elevation Certificate (FEMA Form 086-0-33) (1) required within 7 calendar days of establishment of the r ence level elev ' (2) It shall be the f the permit holder to s it to the Floodplain Administrator a certification of the e on of the rence level, or flood proofing elevation, whichever is applicable, in re ' to NAVD 1988. (a) Said certific all be prepar , or under the direct supervision of, a Nort arolina licensed professional Surveyor or Professional sneer and certified by them. Any work done within the 7 day calendar period and befo bmission of the certification shall be at the permit holder's risk. Orange County, North Carolina—Unified Development Ordinance Page 2-16 Article 2: Procedures 36 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 older immediately and before further work being permitted to proceed. (4) Failure to submit the certification or failure to make required corr ctions shall be cause to deny the floodplain development permit and/or issue stop-work order for the project. (5) final Finished Construction Elevation Certificate (FEM Form 086-0-33) is r uired after construction is completed and prior to C rtificate of Co liance/Occupancy issuance. (a) shall be the duty of the permit holder t submit to the Floodplain A inistrator a certification of final as uilt construction of the elevation of the eference level and all attend t utilities. (i) vation certification s II be prepared by, or under the direct sup ision of, a Nort Carolina licensed professional Land Surve or Profes 'onal Engineer and certified by the same. (b) The Floodplain Ad 'nis for shall review the certificate data submitted. Deficiencies detected such review shall be corrected by the permit holder immediately nd 'or to Certificate of Compliance/Occupancy issuance. (c) In some insta es, another cer' 'cation may be required to certify corrected a built construction. (d) Failure t submit the certification or fai re to make said corrections requir d shall be cause to withhold the is ance of a Certificate of Co liance/Occupancy. (e) a Finished Construction Elevation Certificate rtifier shall provide at least 2 photographs showing the front and rear of a building taken within 90 days from the date of certification. The pho raphs must be taken with views confirming the building description an iagram number provided within the Finished Construction Elevation Certifi te. These photographs should show the entire building, including found 'on. If the building has split-level or multi-level areas, provide at least 2 ad 'tional 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 Article 2: Procedures 37 Section 2.7: Special Use Permits (3) Determine and document whether the proposed work constitute stantial improvement or repair of substantial damage; and (4) 'f the applicant if it is determined that the wor nstitutes substantial impro ent or repair of substantial damage that compliance with the flood resistant con ction requirements of t C Building Code and this ordinance is required (F) Certification Exemptions The following structures, ' cated within Zon are exempt from the elevation/flood proofing certificatio quirements specified in item and (B) above: (1) Re tional vehicles meeting requirements of Secti .21(B)(5); (2 Temporary structures meeting requirements of Section 6.21( . and (3) Accessory Structures with any dimension that is 12 feet or greater in he' t 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(either Clops A or G! ss B) 34may be established in that district only after the use or development is authorized by a validly issued and recorded special use permit. 34 As footnoted in Article 1,staff is recommending that Special Use Permits(quasi-judicial process) be heard only 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 38 Special Use Application Permit Submittal (B) This section sets forth required review and Staff Review/ approval procedures for Analysis Begins submittal, review, and approval of applications for a special use permit. (C) A special use permit authorizes its holder to II Q B Class la SUP:-Schedule use or develop a c� ����� - Class Avo,P: Schedule_NIM, particular parcel of land NIM, DAC & Board of DAB Planning Board meeting Q in a particular way, as Adjustment quasi- #ial ing specified by the terms judicial hearing and conditions of the special use permit. Doe+Sinn O AAnil Notice+or (D) A special use permit imposes on its holder the Post Sign & Mail responsibility of ensuring Notice for Meeting (NIM) 4 Planning that the authorized use Neighborhood Board meeting or development Information continues to comply with Meeting (NIM) the terms and conditions Neighborhood of approval. i„formation AAee+inn (E) Issuance of a special use permit does not relieve Neighborhood the holder of the special Information Development use permit of the Meeting Advisory additional responsibility Committee (oar) of obtaining a building permit or any other Development permit or approval Advisory required by any other applicable law. Committee (DAC) Meeting reviewd 2.7.2 Review and Approval Flow Chart recommendation Puhlich legal Arl The review and approval process for post Sign &Mail Special Use Permits is shown in the procedure's flowchart. p Notice for PublicEvidentiary Hearing Publish legal Ad Dne� r 2.7.3 Application Requirements Sign 4 Mail AID,+ire fi Public Hearing (A) Applications for a Special Use shall be submitted BOA holds quasi- on forms provided by the judicial hearing Planning Department in judicial hearing at accordance with Section D--hlir- uenrinn 2.2 of this Ordinance. Board of (B) Applications shall Adjustment include: decision 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 2-20 Article 2: Procedures 39 Section 2.7: Special Use Permits (1) A full and accurate description of the proposed use, including its location, appearance, and operational characteristics. (2) The name(s)and address(es)of the owner(s)of the property involved. (3) Relevant information needed to show compliance with the general and specific standards governing the Special Use (See Articles 5 and 6). (4) rFn-.rr-o:uss A R-Pes+al Uses 26 GGpie f the site plan Rdd fr,r f loos R speGiol Uses 1 oTen 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 PF8Ii ;iRarySi i sinin Pla �^i'vp*c fr trhrC-r�lc'rt prepared in accordance with Section 7.14 shall he provided.— (6)(5) A list of all parcels located within 5W1, 00036 feet of the subject parcel and the name and address of each property owner, as currently listed in the Orange County tax records. M(6) Elevations of all structures proposed to be used in the development. /Q1M For Clops A SpeGiol Uses 26 GGpies Rd for Clops R epeGiol Uses 1 nTen copies of the Environmental Assessment and/or Environmental Impact Statement, if required by Section 6.16. M(8) 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. fl-% LStatement from the applicant indicating the anticipated development schedule for the build-out of the project. "110IStatement 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-SZ—CD zoning district, as detailed within Section 5.2-.337 of this Ordinance. (B) The Planning Director shall submit the analysis to the rnmmissinners and the Planning Board in the rase of Class A Special Uses, OF the Board of Adjustment, OR the Gase of Class R SpeGial Uses. 35 Subdivisions that were formerly approved through a Class A SUP will be reviewed legislatively through a conditional district process. 36 Revision to reflect notification requirements in Sections 2.7.5 and 2.7.6. 37 Correct Section reference that should have been part of amendments made in 2019. Orange County, North Carolina—Unified Development Ordinance Page 2-21 Article 2: Procedures 40 Section 2.7: Special Use Permits (C) The appropriate Board of Ac1justment_F8Vi8WiRg the appliGation shall receive and enter the analysis into evidence during the pUbliGevidentiary38 hearing. The analysis shall 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 Public 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) 14 days prior to the date of the lanning Beard meeting where the appliGatie is seheduJed fer review(Gloss A Qneeial Use Permit a nligatiens) (2) 45 days prior to the gate of Oho RUNOr Hearing (Glass R SpeGial 1 Ico Permit l�7 appliGatiGRGT (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 Class -Special Use Permits i. )The Planning DireG4tOF II give e�nf tho�oe}�� and Plano of thePl�anning Reard mooting at which the Planning Roam is snhedi sled to rovipw a Cneeial I Ico Permit appliGation. 0) I.A.10tte.n notor--e shall -hP- c-;P-.nt by first Glass mail to all adjaGent property owners no less thaR ten days befere tI Reard meeting date ndiaeent n ert" owners are the 'thin e e they sand foot of the affected property and wheoe Rarnes nd addresses a GUFF8Rtly listed in the llrange f gUnt y tax r Grds The eultsirle gf the a Velgne OF eotgord shall he marker! "Netige of Planning Beard Meeting." (2) The lanning Director shall St r�affested preperty tiGe E)f the lagging Reard meeting at least ten dais Prior to the date of said meeting (3) NetiGeSmay he enmhined gith netip-te eTthe Neighherheed Infermafen Meeting required in Seetien 2.7.5. (�J.!�LThe Planning Director shall give notice of the date, time and place of the pub4G her aEvidentiary Hearing to be held to receive evidence in the form of testimony and exhibits pertaining to the application for a Special Use. 38160D 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 2-22 Article 2: Procedures 41 Section 2.7: Special Use Permits (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 PubliEEvidentiary Hearing." (2) The Planning Director shall post on the affected property a notice of the his Evidentiary#Hearing at least ten days but not more than 25 days prior to the date of said hearing. ( ) Notice of tnf+he public hearing shall_php_�shed in a_��e_oPn newspaper f Fpe o general "circulation in Orange County once a week for two successive weeks, with the firs notice to he published not loss than ten days nor more than 25 days prior to the date of the hearing. In computing the notice period the day of publication is not to he included, h day ov of the hearing is to he included 39 2:7.7 tiGe Requirements fa- Class BSpeGlai osePerrnits 2 2.7.82.7.7 Nature of Proceedings (A) The review of Special Use Permit applications shall be conducted during an Evidentiary-publis 14Hearing by the decision_making hoorrl (B) The review of a Special Use Permit application is a quasi-judicial process, where the Board of Adjustment resnons'ble for rendering a decision 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. fE1)(C) 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.40 40 (G)LDLThe chair or presiding officer of the hearing shall swear all parties intending to present evidence or testimony during the Evidentiary hHearing. {D)LELThe 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, 39 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.. 40 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 Article 2: Procedures 42 Section 2.7: Special Use Permits (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. (€)LLWhere 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, 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)LgL_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. 2.7.92.7.8 Review and Decision (A) For-Class A SpeGiall Use Permits the following shall apple 0) All annlira+iens shall he referrer! +e the Planning Beard for reAnd rerommenda+inn after+he Neighherheed Inferrn-Atien Meeting but prier to the pblir hearing (2)Thelanning Ream! hall Lea da+ien and n d findings f far+ shall make e�eQZil"TQTn �v1TCfGC on the annliratien inGluding the findings required in Ser+inn G Q 7 of+his Qrdinanre The Planning Rna s a rd' rtion on an annliration shall he one of the m following: (aa) Rernmmend approval haled- en proposed findings ofvf avr (b) R8Gemmend denial based on rased findings of faGT /3) the Ranging Board fail +e make a reGE)M -renda+inn n r+e thepubliG hearing the a nlira+ion shall he fenMarded to the Beard of GG 1n+ f emmissinners IM...e--+ a Planning Beard FeGOMM enda+ien (4) The Reard of GO Rty f emmissinners shall review the annlira+inn during a Duhlir i g. requested by the Board of GE Rty GO s d�gyring a hearing which m ist in order to rPrP4xP the additional ewxidenre ()AfteF GIG�g thepubliGhearing, the Board of County Commissionersshall dG one of the fnl lowi ng• (aa) Defer or�non tn- as hater Rnord of County meetingi-rg date-, or (b) AGt n the a nlira+ien (7�)-Reard of('o1 infii f emmie�ner aGtiGRn the annliGatiGR shall RGIUddmakiRg apnprroonprriiaazt in�g f fa,,+ r t+o SeGtOGR 2.7.1 stating whether the heard s-0rrc(Et S{�urrc-co-v 6ArRGIudes-each of the-appliGable standards have hee met and GRe of the f0IIGWiRg: (aCa) ApprGy , Orange County, North Carolina-Unified Development Ordinance Page 2-24 Article 2: Procedures 43 Section 2.7: Special Use Permits (b) Approval am,-_bu_oortrt with specified conditions as provided On Section 2.7 12; o• nr (c) Den+a !Rl FmAr rl;;oo Q eno..ial Use Permits, the following shall apply: The following shall apply to all Special Use Permit applications: ( L-} The Board of Adjustment shall review the application during a regularly scheduled pubfiEEvidentiary#Hearing. MLQL_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. M(C) After closing the publiG Evidentiary#Hearing, the Board of Adjustment shall take action upon the application. This action shall include making appropriate findings of fact pursuant to Section 2.7.1410, stating whether the board concludes each of the applicable standards have been met and one of the following: (a)(1) Approval; M(2) Approval but with specified conditions as provided in Section 2.7.4-211; or �G4LI Denial. 2 7 142.7.9 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. 27122.7.11 Conditions of Approval (A) The Board of Adjustment, 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. Orange County, North Carolina—Unified Development Ordinance Page 2-25 Article 2: Procedures 44 Section 2.7: Special Use Permits (D) It shall be stated in the Special Use Permit that the Permit shall automatically expire within 12 months of-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 Seupty Commission Adiustment as provided in Section 2.7.13. 2.7.132.7.12 Notification of Board Action (A) The Planning Director shall send a notice of the Y, t Board's action on the application within a reasonable time by personal delivery, Gertifiedelectronic 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. ^ GGPY of the decision shall he filet in the Planning department within five business days of the relevant Board's ao+iop 41 (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 Rnard of GG-11nt" (`nmmicsinnerc or--Board of Adjustment, ap^rnpria+e, 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 Seenty G nm m i s s i n nercAdiustment, for good cause shown, may extend the expiration deadline six months Hpen the fa„erahle r n,ta+inn of the Planning Qgar.t (B) The application for an extension request shall be submitted a minimum of 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 deyelepmen+s whioh require approval of a Speoial Use Permit +heThe 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. for a period of pot Iess than two. ROr ore than five years. For VostiRg purposes, Site an -rPr8li }iRar-y Plats may also be approvedas a SpeGial Use Permit at the rest of the a nli^an+ �'ee Sseg+inn 22.5 fnr Wormatinn regarding site plans (€411) 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. 41 The existing language in this section has been a source of confusion in the past. The proposed language conforms to NCGS 160D-406(I). Orange County, North Carolina—Unified Development Ordinance Page 2-26 Article 2: Procedures 45 Section 2.7: Special Use Permits 2.7.152.7.14 Changes-Modifications to Approved Plans42 (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. (B) The Planning Director is e' therizedd +^shall approve minor GhaRg-a&modifications in the approved permit if requested by the applicant except where the Special Use Permit includes a condition explicitly prohibiting such a modification. Uses, as leng as they are in horrnE)R with aGtion of the o g Beard of a en t shall not have the n r to a e G.angesthat GORstitute-a fi�fier, of the approval. A medifGatiGR shall require appreval ef the Beard having i, 'sd'G+ie.,ef Add stici er,+ 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 2-5100-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 00 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. i. The fellewing rri+eri- shall�Tnnstifi i+e merl ifir�#ien: 42 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 2-27 Article 2: Procedures 46 Section 2.7: Special Use Permits (2) An_,__change On use or o��_e_�_largement of approved use. (3) �.n�7_,_ n o�oo� in i�rr_rric�._rr+on��i�of_u use. 4n_nn r��.r�._cro�� in i�rr_rr ic�._rrfon��iy of_u use shall be considered to he an oncrease in „cable floor area and/or an nrrease in the n„mher of dwelling er Iedging Units. (4) �sI alterations which e�;ifieantly-affests�he h�ae�size, „T&y.-e , ernamenta+ion and!/or character of the building a she,.,n en the approved Site plan er dlescrihed! in the applicant's narrative. (5) Su istant;al change On the a n+ an,+/er IGGatien of pen space, recreation f-Ac�lit;es o;-landscape SGreenir,g-. (6) ARY increase ip the 61-78 Or;,o„ber of appreved signs: (7) Any change On parking areas resulting in an increase or reductmon of 5% or more in thenumber of spares approved) (8) Substantial chapees in pedestrian apol/er yehic,liar a cUIatiep (9) Any change in a setback required by the pro-vicSin-ins P_f this 0-rd-inance er imposed as a r--ond-ition of approval. (10) ARY change OR the IGGatiGR n-.r extent A-f street and utility improvements er rights of way, OnG'ud'Rg water, sewer and sterm drainage facilities, which would previde a d-ifferent'eve., of sepvice (a) AR increase e�s#r�rertTiGal-helgh+of the s+r„ct„re by mere than: 19°�Te height of the per,r The height of 1 additional antenna rn,ith+h separation from the nearest existing antenna net to exceed- _20 feet (b) A substantlal ruhange to-the physicalul dimensions-of the M.firecless salppert stri icfi,re,.,hich alters facts er cendli+icns relied Upon by the County,when ranting the original permitIt shall be the Count ' burden o dlemonstra+e that s ch a SGenariO constitutes a ubstantial change +e the physical d irriensiens of the wireless s per+s+r,ict„re (c) T The appurtenance to he bedy A-f the�elecer�Rcation facility that pre+r, des horizontally frem the edge of the wireless supped s+rUcWre the greater ef• More th�pn 29Teete_r More than the width of the,niireleSS SUPPnrt S -iocc ­-e at tie level of the app„rte wcept where necessary to shelter the antenna from inclement,.leather or to connect the antenna to the te\.fPr via cahle /dl\ Increasing the square �eetane�of the existing equipmepmpo„nd by more than 2,500 square feet ac+ion is a MOROF change er a� i n edifica+io , review, the r �ore of the n eedinos e the�rg;aIrapplica+ien for approval of the Special Use. The deternn n�+ion shall he based , n the request of the applicant thp rPv0tQW of the r ord- of the a al of the o al request and the Planning Directer's finGin..s Under the criteria osubsection (B)above. f 43 43 No longer relevant since minor modifications are defined in (B). Orange County, North Carolina-Unified Development Ordinance Page 2-28 Article 2: Procedures 47 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (C) The Planning Director shall, Of it is determined that the proposed action is a MiRer change, state the findiRgs in writing to the applicant. The applicant shall file an amended site plaR, ep writteR statement, outlining in detail the minor GhaRg8(s) prepesed. The Planning DireGtGF shall file the amended site plan er written statement with the approved site plan 44 !Il\!C\ If it Or., rlo+or.,,i.,or!that the proposed oG+'E,., is A- .r,.,.lifiro+i.,., the Dlo.,.,i.,g rliroG+.,. shall r o+1 or,r,lir•or,+to submit o request for rnedifir•o+ir,r, r,f the o rod speGial use permit. The For major modifications, the applicant shall adhere to the following procedures shall be adhered to On theGase r,f o r„r,r+ifiGatieR: (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 original-appl+cati m4of,Adjustment. (3) The Board shall set an p61b"GEvidentiary#Hearing to receive testimony concerning the modification request. Any publiGEvidentiary#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. SECTION • •P 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, downz�onin s� applied for by a third party require the written consent of the property owner; tor (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. 44 Moved to(C)above. 45 Third party downzonings are prohibited by SL2019-111. Although Orange County has always required the consent of the property owner on a rezoning application files by a third-party,the County Attorneys 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 Article 2: Procedures 48 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments 2.8.3 Contents of Application Zoning Atlas and Application Applications shall contain the UDO Amendments Submittal following: (A) For amendments to the Zoning Atlas: Zoning Atlas: Zoning Atlas: Text Amendments (1) A map at a Conditional General legible scale Districts J3seConventional showing the Zoning Districts land which would be covered by Post Sign /Mail Notice for the proposed Neighborhood Info. Meeting amendment, (NIM) and Planning Board and Meeting (2) A legal description of Post Sign /Mail Notice the land. Neighborhood for Planning Board (B) For amendments Information Meeting Meeting to the Unified Development Ordinance text: Development Advisory (1) A copy of the Committee Meeting existing text provision(s) which the applicant Staff Recommendation to proposes for Planning Board amendment, and (2) A written Planning Board Review statement and Recommendation which describes in detail the Atlas Amendments: Text changes the Publish Legal Ad Amendments: applicant Post Sign Publish Legal Ad proposes to Mail Notice make. (C) The alleged error Staff and PB Recommendation in the Zoning to BOCC Atlas and/or Unified Development Public Hearing Ordinance text that would be corrected by the BOCC Decision proposed amendment with a detailed explanation of Note: This chart is meant as a graphical representation of the such error in the 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 Article 2: Procedures 49 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments Development text and detailed reasons how the proposed amendment will cor ct the alleged error; (D The changed or changing conditions, if any, in the area or in the Cou generally, hich makes the proposed Zoning Atlas and/or Unified Developm Ordinance text a ndment reasonably necessary to promote the public healt , safety and general welfa (E) The manne in which the proposed Zoning Atlas and/ nified Development Ordinance tex endment will carry out the inten nd purpose of the adopted Comprehensive P or part thereof; and (F) A traffic impact study as quired by Sect' 6.17. (G) All other circumstances, facto and asons that the applicant offers in support of the proposed Zoning Atlas and/or U d Development Ordinance text amendment. 2.8.4 Applications for Amendment-Joi lanning Are Applications for amendments to a Orange County Unifie evelopment Ordinance and Zoning Atlas for the purpose of inco orating the provisions of the Cha I Hill Land Development Ordinance (and Zoning ps) and/or the Carrboro Land Use Ordi ce (and Zoning Maps)shall be processed as�spe ed herein and as specified in the Joint Plannin greement adopted November 2, 198and as amended from time to time. Xtextments adopted by Orange County shall be adopted by reference as ough fully. Any map amendments adopted by Orange County shall be officially oted on ing Atlas. Where there is inconsistency between the amendment procein and those contained in the Joint Planning Agreement, the provisions of thet ment 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 ASE-GZ-CD zoning district, as detailed within Section 5.2-.346 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. 46 Correct reference that should have been part of amendments made in 2019. Orange County, North Carolina-Unified Development Ordinance Page 2-31 Article 2: Procedures 50 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments 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." (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 week47 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 adjaGentabutting property owners and all property owners whose property lies within 1,000 feet of the affected property at least ten_days, but not more than 25 days, before the public hearing date. °r1i FProperty owners are these whose names and addresses shall be obtained from the current listing ore ni 1YYen+I" Ims+er+ in the Orange County tax records and whose property lies within one the- he affer+ed groperty49. 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. MflLE The Planning Director shall certify the mailing of all notices to the Board of County Commissioners. 47 Clarify publication frequency. 48 Conform County's regulations to statutory requirements. 49 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. so 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 Article 2: Procedures 51 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments 2. . Planning Board Review The Planning Board shall allow public comments at its meeting a hose comments shall be taken into consideration by the Planning Board in m ng its mmendation. (B) The Pla ' g Board's action on an application s be one of the following: (1) Recommen proval, (2) Recommend denia , (3) Recommend approval specified changes, or (4) Recommend t lanning Board b .ven extended time to consider the matter. (C) In making it commendation, the Planning B d shall also approve a statement describ' whether its action is consistent with an a ted comprehensive plan or an her officially adopted plan that is applicable, and b explain why the board onsiders the action taken to be reasonable and in the public i rest. Should the Planning Board fail to make a recommendation prior to the blic Hearing, the application shall be forwarded to the Board of County Commi . ners 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, theThe 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. 10 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisio The Erosion Control Officer shall review all of the North Carolin edimentation Control Commission's revisions to the State's Model Soil sions and Sedimentation C of Ordinance and, within 90 days of receipt ofiLlereconnmended revisions, submit amendments to the North Carolin dimentation Control Commission for its conside ' n and comments. (B) Within 150 days after r ' t of t orth Carolina Sedimentation Control Commission's comments, e County shall formally consider proposed amendments and, to t extent de e d necessary by the Board of County Commissioners, . orporate the amendm s into this Ordinance. (C) Text am ments to this Ordinance for soil erosio d sedimentation control pro . ions shall comply with the requirements in effect other text amendment. 2.8.11 Tex evisions Pertaining to Stormwater Provisions (A) The Erosion Control Officer shall review all of the State Environmental Ma nag nt Commission's revisions to the State's Model Stormwater Ordinance and, within 90 Orange County, North Carolina—Unified Development Ordinance Page 2-33 Article 2: Procedures 52 Section 2.9: Conditional Districts of receipt of the recommended revisions, submit draft amendme e State Environ Management Commission for its consid erate comments. (B) Within 150 days after rec the State E mental Management Commission's comments, Orange County shall f onsider proposed amendments and, to the extent deemed necess e Board of Cou mmissioners, incorporate the amendments ' is Ordinance. (C) amendments to this Ordinance for stormwater provisions shall comp the requirements in effect for any other text amendment. 19. Condotmenad Use DmstrmGt(C m)sl (A) Generaffy / \ Any use permitter) under the CUD process shall conform to all applicable (I-) as „ifiG development standards outlined within +hie QrdinARG8 (2) The Roarr of County femmisoiene�ro�rrrcv�ew o f D o pliGatinp�Y impose s Uch r ande cenrditiops UPGR al of a CUD D request as .will afford + f the hli health, f d I e that ��est+c�,--�-�r<�nc�ea,z,-rsaret�-i�.a-gefaer�,-=PPeI#are e �h,,+,., +ial s rdope d equitable+rea+mep+ v�rtGii-crurJ'cr'�t+F.e�svvrr�ancrcn s�"rr�eq�arcam�crcarrrrcnr. (3) Only those coprdi+iops mutually agreed to by the applicap+ and the Board of /A'�� the Fwr-nnnvrrvmrn'r- Development DiStrws (EDDss), there are-G peGifimrases that re ThQqp c;p$ Rre nntptlnn +he Tahle of D z� Ccnnnmic development Districts (Section 5.2) (B) Appl16ations AppliGatiGRS tG establish. A— Q—Q s;haII be submitted tG the Planning DiFeGtor and shall be processed in aGGor.dance with the p cerd6 ire(s)for• �''0)ZE);'RgAtlas ameRdmen+r(Sestioprrz.o), (2) Class SP86a� I Q + /C +ien 7 7\ d �p se�er�+;T-�oes�z—,�a„a (3) PFGViSiGRS of this Cecfiop (0)Submi1:fal Requirements /')in ad-dition to the CUD application form an applicant shall also s bmmi+i following infnrmatinn• ) A site 1prepared in accordance with the�Tsiens of SeGtien 2.5 inG'Y ding the fnllewinn• Y�"� ! A detailed deGGription of the proposed use of property ncli ng an out-line of the proposed operational r--harar--teristir--s of the prepeserd development A detailed +raffia survey, estimatedardless of the estimate p mher of trips p day ,ays prepared in aGGorrdance with all applicable nler+h f arelina Department of Transper+a+ion (ING DOT) requirements or standards a ioveell as Sec+inn 6.17 of+his Qrrdinanoe 51 One of the primary outcomes of"1601)" 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 Article 2: Procedures 53 Section 2.9: Conditional Districts The appropriate environmental document prepared o C. accordance with Section 16; and "Y 1 A landscape plan showing the location of on site signifi�.�.iGaR trees; n ed SGFe8RORg, buffers, and Iandscanino• and a n+nrenesed trey+me of a is+inn natural features /h\ A summary of Utility sver�Eee���dine eess f waster. �� TTTc� umg--pro �g-orvra /6 4 sehed,de of =of-A..IrIe er�enS- fr the proposal; ;cd�(r!d) ARY A-tham-inform o+ion irdeRt'med dLIFi R'r' og the-pre-appliGatien Genfe♦-enGe deemed essential to demonstrate the n ect's c nliance with the ren,,Iatkgr s rcgcrtucrvrrr. (2) 26 copies of the application package required On (1) above shall be submitted by the enTT�.-c`pp iGaRt: (3) The P!annin,. Reard andler Beard of ro„n+„G„mmiE;$ neFG may eglest for a CUD. (D) Nenghherheed Information Meeting /4\ Befere a-Pu h + li +ien for a CUD, the �� c�ea;�,g„Ta�ae#end-e„-an�esep�edippea , api�l ea;T'�s-re�ed�ass�edu,le, with the ass+s+ante f th�e Dlonnip g DepaFtMent a minimum of ene neighberheed informa+ion meetiRg The pose of this Mee+inn is to eb+ain s ndine n erty o i it and c nts o then ed deVelonMen+ n ec+ (2) The applicant shall obtain property owner mailing address information from the \\��// Orange County Planning Department and shell moil netirec of the meeting mete and time via first class moil to each nreperty owner within one thn,isand feet of the nronerty fnr,n,hich a Q Ir1 has been requested (') The ne iceS, q-.haII he mailer! a minimum of 'lit days prior t the date o /A\ the + a ��Thc�piIimea„+rshall,r-post�e��T�-p�per#y=aadyer#�s+r�the date pl,uee, aRad time of the Meeting a of 10 days prier to the date of the Meeting (5) The meetiRg-shalull be he of 14 days prier to the date of the Paarrn rnrr'ng Beard meeting where the annliGap+ion is SGhed led for re (9) Revie-.�dEY tW nnI•Ga Lion f')All CUD annlinatienseh;;Ill hhe_re�Ttawed and aGted Upon in annnrdanne with the review nreced,Tres for Glass A Qneoial Use Permits (Section 2.7). (2) The fell winngshall ,nihen evaluating an appkatinn for a rl In: (a) The PGIiGieS and nhiertiveseff the Orange County Gemnrehensiye Plan nartici ilarly in relation t8 the use, nronoeed site and surrounding area• pcn�rv-a-�ry��-rrc-ra-c�vrr �a �-vpv .�rc�., a-r�cr.�a,rvarrcrmg-crrcm, /h\ The nnlioie eGtiveG of any adopted Small Area Dlan/s\ relatingo C�� �v crrc '-cn�y-�ac,Pc vm�r�m �--rarrC`TT athe area; and (G) The potentialaaGtS to the SUFFOURdingare��G'udinr. hi,+ no+ limited, te• +raffia storm ter go, natihili+v of land use�aetivitieS, aandd tv�ram.�, o-c��rrn-=vcaa-c IanT /4\ The Reard of f eU Rty f eMMissioners M a++aGh r able and a ia+e e8ndi,�,t;�C to the IOGa+i„n nature, and extent of the proposed UGe. Su�h conditions may address the fellowing: (a) The oharaoteristiCss of the proposed- i use a�td its reelaatenehpo surrounding ending property and existing land uses, Orange County, North Carolina-Unified Development Ordinance Page 2-35 Article 2: Procedures 54 Section 2.9: Conditional Districts (h)The_proposed support facilities, such as parki..,,' inn and buffo iGThe timing of the_ riled development, (d) AFGhitestUral review and een#e16-, d ep Uses allowed under the existing z to ++The pes+al l l,� ��� g classifica#inn and, (ff) Other matters that the RflGG may fond appropriate or the applieeRt may propose. /_F) Approval and Conditions\\ �� /I_\ The Board of County Commissioners shall take action on the application in the following manner: (a) Approve or deny the application to change the zening designation o�the +he parcel to the appropriate CUD designation , /h�\)Approve or deny the Sperialrlllee PerMit app�aatien, and (G) Approve or den the CUD permit ia.pplieaaten. (2\ esi#i Genrdi�n he by the p li n+ er the f n Rty nr its r ��p � s-r�a�a�osed�,-�-apnea ageRGies , but onh,those cnnr+i#ions mutually agreerd U f n h"the nU Rty anrd the petitioner may he in ra#edd into the SUP andwer CUD D permit r onto (33) The applieernt shall Tea�nahle opportunity G Gen�er and respond to any re 6io n+o/cnnrli+inns requested by the f of Rty p r to final ac#ion by the —ReGarrd of f oI Rty f`ommieSOGner` n�drSpvSltlo of the f I Ill a pliee+liOR. The appliGation. (G) isstlz.nGe of Perms If an applica#inn for a CUD is approver! the Planning director sha issiie a CUD permit aid#zhovrizing the pmen f the approved ll roved use. The CUD permit, inch ding any, cenddi#ions shall hed•ome efFec#ive o re orddedd by the applicant in the orange G n , Pegister of Deeds Failure by the applicant#n r nrd the CUD permit within 180 days from the date oapprof ,al shall cause the permit to he deemed nUll and void. (H) E feG# of Approval llnce approved, the Gl D that is established, aprd aRy nprdi+ions attached +e+he appreval is binding en the property. All subsequent development and of the prepert rhadLhe i'n accnrr+ance with the approved plan and cnnrditiens f )Zoning Atlas Designation Fe-HoiNing approval of a GLJD appliGation/permit by the Board of County Corn Fn issioners, the property shall be id-entified en the zoning atlas by the appropriate parallel GLJD designatio.n. This designation is the general zoning diStriGt designation plus the letters i ) Tame-line for Dp%relopment of Approved Uses f''0) GenStFUGtOGR of the appreved pFGjestmust begin withiR 12 menths of the a ,al theE)f Str GtieThas started within the Stated tome the � �er�+� ^ een � , ,,ca started�cnrrtrr-crt� r T rraramrno--crrc permit becomes null andd of n effect (2) The�pnertj�per may request only one &month extepsien from the Board of (`ounh'#��`i'h(''omlm"�i�s�sioners i ip"n-ln`"tthe favnrohle recommendation of the Planning Rnard if the regi lest is receiver! hefnre the permit expires Orange County, North Carolina-Unified Development Ordinance Page 2-36 Article 2: Procedures 55 Section 2.9: Conditional Districts (3) The application for an extension request shall be submitted a minimum of six months prior to the expiration of the permit (K)Alte +rations tom�a Approved CLW 0) Changes rtt7-approved plans and-Gendi�n f development shah be treated as changes to the ZORingatlas and shall hen edJ a aR amendment to s Uch a centained! in Sentien 2.8. (2 The Planning nireE ove minGF Gh they�t g throe�gh�thre T vrr 'aTa9cs�'T^varSooTTTgzTrrvu9^ amendmentr^Prrooess The Planning director, at his/her dliscretien may elect not to allow aRY al a a minGFchange and! I..411 for and the detailed a plicatien for changes to the Planning Board and Board of County Commissioners for consideration in accordance with the procedures outlined hereon (3) A minor change is one that will not: \\`"'// (a) Alter the �relationship of the_proposed rY"serl development to adjacent Pi9P�7' (b) Alter the approved land uses (G) IRGrease the density er intensity Gf development, and/or (d) sethee ff_street parking r ado-orTedUee�the buffer yards-provided ate bGundary of the tea. 2�22.9.1 Conditional Zoning Districts(GZD) (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 GZD 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 GZD ConditionalDistrict 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)-GZD 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. Orange County, North Carolina—Unified Development Ordinance Page 2-37 Article 2: Procedures 56 Section 2.9: Conditional Districts (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)SZDCD, 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. (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)CZD CD shall include the requirements in Section 6.7. The requirements of(1)(b)through (1)(h)above are applicable for MPD-CZ-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 SZDConditional District. (D) Neighborhood Information Meeting (1) Before a Public Hearing may be held on an accepted application for a SZDConditional 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 GZD-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 GZID Conditional District application is a legislative process subject to judicial review using the same procedures and standards of review that apply to geRera; unconventional 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. Orange County, North Carolina—Unified Development Ordinance Page 2-38 Article 2: Procedures 57 Section 2.9: Conditional Districts Conditions and site-specific standards shall be limited to those that addr s the conformance of the development to County ordinances, the adopted mprehensive Plan, or any other relevant plans that address th mpacts rea nably expected to be generated by the proposed devel ent. Any such conditi s may address: (a) The mpatibility of the proposed develop nt with surrounding propert , (b) Proposed sup rt facilities (i.e. ro ways and access points, parking areas and drivew s, pedestri and vehicular circulation systems, screening and buffer a , the timing of development, street and right- of-way improvements water drainage, the provision of open space, etc), and/o (c) All other ma rs the County may i d appropriate or the petitioner may propose (4) Conditions approval may include dedication to th County or State, as appro i te, of any rights-of-way or easements for stre , water, sewer, or other pu utilities necessary to serve the proposed developme (5) The applicant shall have a reasonable opportunity to consider a respond to any requirements/conditions requested by the County prior to final a .on by the Board of County Commissioners on the disposition of the application. applicant shall agree in writing to any conditions prior to a final decision on e application. (G) Effect of Approval (1) Approval of a GZD 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 GZD Conditional District dOE;tF'Gt and all approved conditions. (2) The applicant shall comply with all requirements established in the GZD Conditional District approval Ordinance. Only those uses and structures included in the GZD Conditional District approval Ordinance and approved site plan shall be allowed on the subject property. (H) Zoning Atlas Designation Following approval of the GZD distriG 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 GZDConditional District (1) Except as provided in Section 6.7.2 for MPD-GZ-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, Orange County, North Carolina—Unified Development Ordinance Page 2-39 Article 2: Procedures 58 Section 2.10:Variances (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 and ran 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. SECTION 2.10. Purpose e procedures of this section authorize the Board of Adjustment to modify or vary reg ations of thi Ordinance when strict compliance with the regulation or standard would result in nnecessary hard ips upon the subject property. 2.10.2 Applicati Requirements (A) A lications for a Variance shall be submitted on forms provid d by the Planning De rtment in accordance with Section 2.2 of this Ordinanc . Ten copies of the applic tion and supporting documentation shall be submit d. (B) Applicati s shall include: (1) The sec ' n reference, and copy of the existing egulatory language, that is the subject of e application, (2) A description the specific modification ught by the applicant. For example, if the request is fo modification of a co er lot setback requirement, the applicant shall provide the a ct reduction of th established corner lot setback requested as part of the applica on, (3) A plot plan, site plan, or ther si ilar document(s) denoting the physical impact of the proposed request o th parcel, (4) A narrative outlining the a w s to the five required findings detailed within Section 2.10.4 of the Or nance ' stifying the issuance of the variance, and (5) Copies of any additio al informatio deemed essential by the applicant justifying the approval of the equest. 2.10.3 Burden of Proof Applicants shall hen of establishing by competent aterial and substantial evidence, in the form of testits, documents, models, plans, an other materials, that the application meets,/ ents for approval of a Variance 2.10.4 Authorized Vari A variance ma e approved by the Board of Adjustment in cases where\circumstances, ary hardships would result om carrying out the strict letter of the Ordinance, when subvidence in the official rec d of the application supports all of the following findings: (A Unnecessary hardship would result from the strict applicationr 'nance. It shall not be necessary to demonstrate that, in the absence ofnc no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the such as location, size, or topography. Hardships resulting from persostances,well as hardships resulting from conditions that are common ighborhood o general public, may not be the basis for granting a variance. Orange County, North Carolina—Unified Development Ordinance Page 2-40 Article 2: Procedures 59 Section 2.11: Interpretations (B) The Board of Adjustment is not authorized to grant a variance that would per it a use in a district where that use is neither a Permitted Use nor a Special Us . 2.10. Review Procedures (A) Applications for a Variance shall be reviewed and acted upon by th oard of Adjustment in accordance with the procedures contained in Secti 2.12 of this Ordinance. (B) The Planning Director shall complete an assessment of the plication and provide a commendation on the disposition of the application. (C) Th assessment shall be introduced at the hearing and ecome part of the record. 2.10.10 Findings of Fact (A) Required fi ings of fact, as listed in Section 2. .4, shall be made in the indicated order by the and of Adjustment. (B) The Board of Adj tment is not empowere to grant a variance without an affirmative finding of fact supp ted by substantial idence in the record of proceedings before the Board. 2.10.11 Conditions of Approval The Board of Adjustment may impoX onditions provided that such conditions are reasonably related to the variance. 2.10.12 Notice Requirements Notice of matters before the Boar of Adjustment sha follow the procedures in Section 2.12.6. SECTIONINTERPRETATIONS 2.11.1 Generally An appeal from an or r, requirement, decision or determination o the Planning Director shall be decided by the Boar of Adjustment based upon its findings of fact a d to achieve the intent of this Ordinance. I exercising this power, the Board of Adjustment sha ct in a prudent manner so that the pure ses of this Ordinance shall be served. The effect of the ecision shall not be to vary the term of this Ordinance nor add to the list of Permitted Uses in the istricts. 2.11.2 Applicati n Requirements /(B) Applications for an appeal of an interpretation of a decision, file deter\th directive, Notice of Violation, or other similar determination shall be sforms provided by the Planning Department in accordance with SectiOrdinance. Ten copies of the application and supporting documentatsubmitted. Applications must be received by the Planning Director no later than decision, file determination, directive, Notice of Violation, or other sim 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 Varianappeal gffrom an order, requirement, decision, or determination of the Planninq Director. 1^+8rpretat1GR — 52 Correct existing error in the text. Orange County, North Carolina—Unified Development Ordinance Page 2-45 Article 2: Procedures 60 Section 2.12: Board of Adjustment B) The Board shall act on any appeal of a Stop Work Order issued by the P Wing Director at its next regularly scheduled meeting or at a special mee called for that rpose. 2.12.2 Quasi-Judicial Proce 'ngs (A) The Board of Adju ent acts in a quasi-jud' ' capacity. However, it is not intended that its proceedings be c ducted as fo ally as those before courts. (B) The rules of procedure and evi a set forth in this Ordinance shall be followed to protect the interests of all ies an ublic. (C) The presiding office all administer oaths to witnesses and shall make rulings necessary to erve fairness, order, or proper de um in any matter before the Board of ' stment. Any person who, while under oath ing a proceeding before the B rd, willfully swears falsely is guilty of a Class I misdem or. (D) ny member of the Board of Adjustment or any interested party may o ' ct to, and the presiding officer may exclude, any evidence, testimony, or statement th deemed incompetent, irrelevant, immaterial, or unduly repetitious and therefore 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 naafishall be permitted to53 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 testimony 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 form.5 (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. (3)(5) Objections 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. 3 (B) Subpoenas (1) The Board of Adjustment may subpoena witnesses and compel the production of evidence. 53 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). 54 Conform language to NCGS 160D-406(c). ss New provision in NCGS 160D-406(d). Orange County, North Carolina—Unified Development Ordinance Page 2-47 Article 2: Procedures 61 Section 2.12: Board of Adjustment (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 160A ), 160D-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. The chair shall rule on any motion to quash or modify a subpoena. sions egarding subpoenas made by the chair may be appealed to t II Board. (4) If a pe n fails or refuses to obey a subpoena issue rsuant to this subsection, Board of Adjustment, or the p seeking the subpoena, may apply to the Gene Court of Justice for order requiring that its order be obeyed, and the Court have ' action to issue those orders after notice to all proper parties. (5) No testimony of fitness before t oard of Adjustment, pursuant to a subpoena i ed in exercise of the power c erred by this subsection, may be used ainst the witness in any civil or criminal a n, other than a prosecution false swearing committed on the examination. Anyone who, while under oath during a proceeding before the d of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemean 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 Glass B Special Use Permit or an appeal application. 2.1 tification of Board Action (A) 've working days after Board action, the P ng Director shall have available in the Planni artment's office a n ' o decision of the Board's action. (B) The Planning Directors a parties to an application or appeal of the Board's dispos' ' . his includes the ' nt, the property owner if different from the a ' nt, or any individual who has submitte 'ten request for a copy prior to e date the decision becomes effective. This notice shall 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 Boar06 (A) The Beard shall give ers-c��before it byGaUs+Rg„o�ee toe placed Ora new:spaperGfgGReral GiFGUlati n in Orange G06IRty-he Ret'Ge shall week for tWE) G G tiVG weeks, the first in er+ieR to he RE)t loos teR days thandays�} r'TT9 date. r^pputing the +ine r��e-R,�r2-6 e�eefi^ I+� ee ,T�,on� peried the day of p blino+ieR io RGt to he finny ded but the day of the heoriRg is to he EnGluded (B)(A) Notice for Special Use Permit or Variance applications shall follow the process in Section 2.7.6. In the rose of onnliro+inn for o Class B Cneriol Use permit or vorionre the Planning Dirpr_tnr c;'h';;lI give writteR nGtiGe by fiFSt Gla;SS mail te adjaGeRt property owners. This nefirue sha;I1 -bp- Mailed at least ten days but not rnere thaR 25 days . i 56 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 Article 2: Procedures 62 Section 2.13: Exempt Subdivisions to the meeting date. Adjacent property owners are these whose property lies within one thousand feet of the affected property and whorn are currently listed as property owners the Orange County tax reGE)rds. T—_rihe_nvatside�of-_arr+he enyelnn�.�._rvp—or postF.cr crrl shall he marked gf D--hlir• Nearing " T—I�Y/ PO St The Planning DireGtGr shall ns+OR the affeGted propertyr,a n +iGe of the Beard meeting at least ten days but not mere than 25 days prier to the meeting date {B}LCLln 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. • 2.13: EXEMPT SUBDIVISIONS 2.13. Generally (A) Persons proposing divisions of land that do not constitute a subdivision must re est a determination of an exempt subdivision status with the Planning Director. ivities 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 a submitted ith the request for a determination for an exempt subdivision. (C) Ex pt subdivisions shall comply with all applicable non-plat req i ements of this Ordi nce. 2.13.2 Review and Action (A) Following rec \includethe est for a determination of an xempt subdivision status, the Planning Dmake a determination of eland division's exempt or nonexempt sta (B) If the Planningermines that the pro osed land division does not constitute a sua Vcessarystat shall certify the proposed land division as exempt andnt on the plat certifying same. (C) If the Planning Director deteroposed land division constitutes a subdivision, the applicant sh such in writing and shall be required to submit the appropriate Subdivision application. 'nor SECTION • Subdi ' ions SUBDIVISIONS (Traditio 1 Pre-application Meeting submittal of Concept Plan Application 2.14.1 Review and Decision Process and Review) Flow Charts Review a/ent al of M' or Review of Con c t Plan Application by Orange Subdivisitions hall adhere to County Develo ent Advisory Committee the proce rein. The applicant of compliance with the dnt standards Neighborhood Inf ation Meeting contained7 of this Ordinance. (Flexible Development wi more than 5 lots) 2.14.2 Types of /Orange Traditional Review Initiation of Final Plat Applicati Process inor subdivisions that do not ualify for Expedited Reviewnder Section 7.2.2 of this Issuance of Completion of Comp tion ofrdinance, shall adhere to the Septic&well Required Final tImprovement Improvements Applicatio &Permits (road,drainage, Surveyorth Carolina—Unified Developm etc.) Installation of Issuance of Article 2: Procedures 63 Section 2.14: Minor Subdivisions 'tional review process comprised of a Concept Plan and Final Pla ication. (Ell) Expedi eview Subdivisions qualifying o edited Review er Section 7.2.2 of this Ordinance shall require only an application and p a ordation. 2.14.3 Expedited Review (A) Rev' and Action The Planning Director shall determine if the plat and applic�confor 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 Minor Subdivisions applicant. (Expedited Review) (5) If the application is denied, the Planning Director shall issue a letter to the applicant detailing the Submittal of Expedited Review reasons for denial and identifying Application & Plat modifications necessary for potential approval. (B) Action Subsequent to Approval Review of Plat by Orange County (1) The Planning Director shall sign Development Advisory Committee the plat and accompany the applicant to the Office of the Register of Deeds for recording. Recordation of Plat at Orange 4 Concept Plan County Register of Deeds e applicant shall prepare a sketch plan of the prop ed subdivision and schedule an appointment with the nning Department for initial review and consultation. uring this initial meeting the Planning Department shall advise the subdivider or his/her authorize ent of the regulations pertaining to the proposed subdivision, of any�uresto changes required in o er to comply with the provisions of this Ordinance, and the pro be followed in the prepara ' n and submission of the Concept Plan. (A) Application Requi ents (1) Applications shall be s mitted on forms provided the Planning Department in accordance with Section 2. of this Ordinanc . (2) Applications shall include: (a) Two copies of the sc Conc Plan, drawn to the specifications outlined in Secti .14.1. (b) A vicinit p showing the location of the division in relation to the exis ' 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 prope i.e. streams, wetlands, special flood hazard areas, zoning overlay districts, conservation easements, etc.). Orange County, North Carolina—Unified Development Ordinance Page 2-50 Article 2: Procedures 64 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 Neiqhborhood Information Meeting if it proposes more than five lots, excluding open space.— ML} 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. M(3) Notices of the NIM shall be mailed by first class mail at least ten days prior to the date of the meeting. (-3-}(4) 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 The Planning Department shall review the Concept Plan for gener compliance with the requirements of this Ordinance. (2) A pleted Concept Plan application shall be entered ' o the permit record and placed the agenda of the next available meeting he Development Advisory Committee C). (3) The DAC shall revs the Concept Plan f eneral compliance with established Subdivision developme tandards d iled in Article 7 of this Ordinance as well as compliance with other ap ' ab ocal and State regulations. (a) The review shall in de de ining the presence of any sites identified in "An Inventor Sites of Cult Historic, Recreational, Biological and Geological i nificance in the Uninc orated Portions of Orange County" nd "Inventory of the Natural Are and Wildlife Habitats of Or e County, North Carolina". (4) The shall make a recommendation to the Planning Dire regarding the a ication no later than five business days after the DAC meetin . (5) The Planning Director shall make a final determination on the approval o nial of the application within five business days from the submittal of the DAC recommendation. 57 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 There are no changes on this page - it's 65 included to give context to the deletion Article 2: Procedures g Section 2.14: Minor Subdivisions of the next page. (d) County Attorney, (e) Orange County Environmental Health, (f) Orange County Erosion Control, (g) Orange County Engineering, (h) Public Utility Companies, and (i) Orange County Department of Environment, Agricult e, Parks and Recreation (DEAPR). (4) Reviewers shall provide a certification to the Planning Dir ctor of the suitability, provisional suitability, or unsuitability of the proposal. commendations of the eviewers may be incorporated as conditions of appro al of the subdivision. (5) T Planning Director shall take action on an appli tion solely on his/her find gs as to compliance with applicable regulati s and conditions and shall either. (a) prove the application; or (b) Ap ove the application with condi ons; or (c) Deny a application. (6) The Planning Di ctor shall notify the pplicant of the action in writing. (C) Action Subsequent to pproval (1) The applicant shall su it a rep ducible mylar original of the Final Plat to the Planning Director for en rse ent within one year of Final Plat approval. (2) The Planning Director may rant an extension of this time limit to one-year from the original date of expira ' f the applicant files an extension application in accordance with Sectio .2. (3) The Planning Director hall obtai all required certification signatures and shall endorse approval of he approved nal Plat on a reproducible mylar original after all other certificati signatures have een obtained. The Planning Director shall prepare the Dec ration of Restrictions. (4) The Planning irector shall notify the app i ant when all required certification signatures ve been obtained and County ttorney review is complete. The applicant all then make an appointment wit the Planning Director to have the approve plat and any associated documents cessary to assure conformance with re ulations recorded in the Officer of the Re 'ster of Deeds. The approved plat d any associated documents must be recor d within 90 days after the Pla ping Director's endorsement of approval. (5) a Planning Director shall accompany the applicant to he Register of Deeds ffice to ensure the approved plat and any required docu ents are recorded in the correct order and to fill in the book and page reference where applicable. Documents shall be numbered in the order they are to be re c rded. 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 require (6) If the approved plat is not recorded within the specified time period, the plat i void. Orange County, North Carolina—Unified Development Ordinance Page 2-53 Article 2: Procedures 66 Section 2.14: Minor Subdivisions (7) Any plat or portion thereof not receiving final plat approval within the time pernd set forth in (5) abode shall he null and void except under the following conditions: La\ he subdivision its built_O.�_r�n sections or phased and a phasing plan was appreved a art of the Preliminary Plat-, (b) The period between the a al date .,-f the PF y Plat e approgal date of the Final Plat for the first phase does not exceed o ne (6) The pperie between the a gal d-atevrthe Final Plat of the first phase and the a al date(s) of the Final Plat(s)of any subsequent phases\ `•Ines not exceed the tome limits specifier) in the phasing plan of the Preliminary Plat If no phasing plan is indcated' then the period between Final Plat approvals shall not exceed sox months (8) if a phasing plan for construction of the subdivision is appreved, the expiFatieR date of the Preliminary Plat shall he governed by the time p ied(s) a red a part of the phas'n plan 58 MM 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. {1-A}j�)_AII final plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section 7.14.3 of this Ordinance. "IaLRecordation of the approved final plat, and any required auxiliary documentation shall be with the advice and consent of the Planning Director. 58 The requirements of(7)and (8)are long-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 Article 2: Procedures 67 Section 2.15: Major Subdivisions SECTION • ' SUBDIVISIONS 2.15.1 Review and Decision Process Flow Chart59 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"Special Use P-ermet, r,,ndeta, nal Use Distrk Conditional District, or a standard Major Subdivision Finding of Concept Plan Application Completeness and issuance of a letter to the applicant -*F 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 59 See 5ection 7.2.3 for revisions to ma'or subdivision review/approval processes. Orange County, North Carolina—Unified Development Ordinance Page 2-55 Article 2: Procedures 68 Section 2.15: Major Subdivisions (6) Number 10 (business)sized envelopes with first class postage affixed addressed to each owner of property within -5001,00060 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 hall schedule a Neighborhood Information Meeting (NIM) and mail notic of the meeting to each owner of property within one thousand feet of the roperty proposed to be subdivided. ( Notices of the NIM shall be mailed by first class mail at least t days prior to the date of the meeting. (3) The Planning Director shall place a sign on the affected p perty indicating the tal number of lots proposed, the date, time, and locati of the NIM; and the PI ning Department telephone number. The sign sh I be posted on the affe ed property at least seven days prior to the NI . The NIM shall be held a minim of 14 days prior to the Planning Board eting at which the concept plan is s eduled to be reviewed. (4) At the NIM, he applicant shall be available to nswer questions about the proposed su ivision, and to receive comm is from neighboring property owners for the rpose of improving the p posed subdivision design. (5) The Planning Dire for shall explain the ubdivision approval process and shall identify meeting dat of the Plannin oard and Board of Commissioners at which neighboring pro erty owners ay speak with regard to specific concerns and/or issues. (E) Planning Director Review Pr a res (1) The Planning Director shall are and submit a recommendation to the Planning Board which shal ncl a the following: (a) A written analyst of the C cept Plan; (b) The Concept Ian's general c mpliance with the requirements of this Ordinance, e Comprehensive Ian, and other applicable codes and ordinanc ; and (c) The co ments of neighboring prope owners expressed at the Neig orhood Information Meeting. (d) W ich Development Option Plan is reco ended for eventual eliminary Plat processing. (2) The P nning Director shall be permitted to defer the\or n and reco mendation for one meeting beyond the Plannieeting at which th application is scheduled to be heard. (F) Pla ing Board Review and Approval Procedures (1) After receiving the Planning Director's report and recti the Planning Board shall consider the Concept Plans and take acpro osals. The Planning Board shall base its action on its findine con mity of the proposals with all applicable regulations and sha (a) Approve one Development Option; (b) Approve one Development Option subject to ; or (c) Deny the Development Options. 60 Correct distance requirement. See (D)(1) below. Orange County, North Carolina—Unified Development Ordinance Page 2-57 Article 2: Procedures 69 Section 2.15: Major Subdivisions (3) lanning Board shall vote on whether the development shoul ceed as a Conven ' I Development Option or as a Flexible Develo nt Option. (a) If that vote oves the Development on recommended by the Planning Director, vote by t anning Board is the final decision on whether the develop%, eeds as a Conventional Development Option or as a F i e Develop Option. (b) If the ning Board vote is other than one oving the Development an Option recommended by the Planning Director, application shall be forwarded to the Board of County Commissioners for a . ion on whether the development shall proceed as a Conventional Develo t 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 insure ensure 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 me ngs, or extension thereof to a date certain, if such extension is agreed to by t applicant, the application shall be forwarded to the Board of County Commissioners with the Planning Board minutes and the Plannin irector's recommendation. (G) Actio Subsequent to Approval (1) If a C cept Plan Development Option is approved or proved with conditions, the Plan ' g Board Chair shall endorse the approv on three copies of the approved D elopment Option. Two copies of t approved Development Option shall be tained by the Planning Dep ment, and one copy shall be returned to the su ivider or his/her autho i ed agent. One copy of the unapproved Develop ent Option shall retained by the Planning Department for its files. The unappr ed Develo ent Option shall be stamped "NOT APPROVED". (2) Upon approval of a Concept Development Option by the Planning Board, the subdivider may then p ceed i h the preparation of a Preliminary Plat that is consistent with the app ved Concep Ian. (3) The applicant shal ave two years from th date of approval of the Concept Plan Development O ion by the Planning Board t repare and file an application for Preliminary P t approval. If a Preliminary Plat f subdivision has not been submitted ithin the specified time limit, the Conce Plan Development Option shall b ome null and void. 2.15.3 Preliminary Plat (A) enerally Application and approval procedures specified in this sub-section app to all Preliminary Plats except and to the extent that applicable Unified Develo ent Ordinance application and approval procedures pertain. Orange County, North Carolina—Unified Development Ordinance Page 2-58 Article 2: Procedures 70 Section 2.15: Major Subdivisions (2) The applicant of a major subdivision not ethe-R.yioe .-Iaooified- a a Major Major Subdivision, Conditional Use (Rural Designated or Urban 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 required fer Class A Sp8G'al Uses shall apply as spes�mi C tine 7 F f this Qrdinanr•e fer a Site Rlan CneGial use-in �es�,,-��Rn� ��,��,-- Section 2.5.5 shall apply. (3, ) These suh T f land whi Class Cn II ply with all s+ens�-�rRc�-i-are-a-o.�ss�pes+a�se s�-rr-� � applicable requirements of this Qrdinanne (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 revie d by the Planning Board and approved by the Board of Commissioners before any sit disturbance, construction or installation of improvements may begin. Applications shall be submitted on forms provided by the Plann' g Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a Major subdivision checklist form as prescribed y the Planning Department; (b) 5 copies of the Preliminary Plat of the pr posed subdivision prepared in a ordance with Section 7.14.2(B) of t ' Ordinance; (c) An O nge County Tax Map showin the location of the parcel to be subdivi d; (d) A copy of t Preliminary Plat ' dicating the Health Department's soils analysis appr val/denial for ach lot shown thereon; (e) A written statem t by th applicant or his/her authorized representative which sets forth th 'us i ication for a private road, if applicable; (f) Auxiliary document , i draft form, prepared in accordance with Article 7 of this Ordinance hich sure completion and/or maintenance of improvements r quired by is Ordinance, including, but not limited to: private road aintenance ag ement, homeowner's association articles of incorpor Ion, and homeown 's association restrictive covenants; (g) A state ent describing the metho roposed to protect environmental resou es identified in "An Inventory Sites of Cultural, Historic, Re eational, Biological and Geological ignificance in the U Incorporated Portions of Orange Count " and "Inventory of the Natural reas and Wildlife Habitats of Orange Coun North Carolina"; and (h) An Orange County Floodplain Development Pe it, if applicable. (C) Plan ng Director Review Procedures (1) Upon acceptance of a preliminary plat application, the Plannin irector shall determine if the plat and application conform with all applicable re ulations, including any applicable conditions of an approved Special Use Per it. (2) Any required auxiliary documents shall be submitted by the Planning i ector to the County Attorney for review and recommendation. (3) Upon receipt of a complete Preliminary Plat application, the Planning Direct shall submit copies of the Preliminary Plat and any accompanying material to t following officials and agencies for review and comment: Orange County, North Carolina—Unified Development Ordinance Page 2-59 Article 2: Procedures 71 Section 2.15: Major Subdivisions (2) rested persons shall be given the opportunity to speak a �questicns regarding plication at the meeting. The Plannin may place reasonable and fai tations on comments, ar nts and questions to avoid undue delay. (3) The Planning Board shall to ion on plication solely on its findings of compliance with ap ' e regulations and con i ' and shall recommend: (a) oval of the application; 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 to insure ensure 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 SGheduled business61 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 SGhed6 i!ed 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. 61 Necessary to clarification on BOCC meeting s which were modified in recent years. Orange County, North Carolina—Unified Development Ordinance Page 2-61 Article 2: Procedures 72 Section 2.15: Major Subdivisions (3) All interested persons shall be given the opportunity to speak and ask questions regarding the application at a business 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 insure 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 con ' 'ons or denies the application, the reasons for such decision shall be sta in writing to the applicant and entered into the minutes of the meeting at ich such action taken. (6) The Boar f County Commissioners shall also to ction on the Resolution of Approval. (F) Actions Subsequent to roval (1) Upon approval of the Prelimin lat by the Board of County Commissioners, the subdivider may proce with th eparation of the Final Plat, and the installation of or arra ment for require rovements in accordance with the approved Preli ' ry Plat and the requiremen f this Ordinance. (2) If the ap ' ation is approved or approved with conditi the Planning Director ma ' sue applicable development permits required to cons ct, install, and use provements approved as part of the Preliminary Plat approva . No building permits shall be issued to develop any lot or parcel shown o e 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 Article 2: Procedures 73 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 ire 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 assureensure 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 Article 2: Procedures 74 Section 2.16: Subdivisions in the Economic Development, Commercial, and/or commercial-Industrial Nodes (6) The Planning Director may extend the deadline for recorZne e applicant can demonstrate a good faith effort to comply ut for reasons beyond his/her control, fails to meet the requireon within the specified period. (7) All Final Plats shall conform to drawing specifications an quirements for Final Plats contained in Section 7.1 of this Ordinance. (8) Reco ation of the approved final plat, and any r uired auxiliary documentation shall be 'th the advice and consent of the P ning Director. 2.15.5 Certificate of Adequacy of Pu 'c School Facilities No approval of a major subdivision pr ' inary p or a minor subdivision final plat for a residential development shall become of ti unless and until a Certificate of Adequacy of Public School Facilities (CAPS)for the pr ' c as been issued by the relevant School District. See Section 6.19 for standards relat to CAPS. SECTION .: SUBDIVISIONS iN THE ECONOMICDEVELOPMENT, • • ' • NODES (A) All subd' 'sions in the Economic Development, Comme ial and/or Commercial- ] ial Nodes, as identified in the Comprehensive Plan, all submit an application Z(CB cordance with the requirements specified in Section 2.15. ). l review of all subdivisions in the Economic Development, Com ercial and/or mercial-Industrial Nodes shall be performed by the Planning Depa ent. wing review by the Planning Department all subdivisions shall follow the ajor ivision preliminary plat approval procedures specified in Section 2.15.3. ads 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:92 (1) When a nno�_r7Conditional 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 MIRD GZ and Special Use Permit Glass A(as annlirahle) that is approved aleng with the rezeningConditional District petition. (c) If the Master Plan and Special Use Permit Class 0 (as annlirahle)that is approved alenn with the nnon_r'approved 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 Master Plan and IVIPID GZConditional District rezoning approval. 62 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 Article 2: Procedures 75 Section 2.17: Vacation of Recorded Plats and Road Abandonment (i) For example, if the Master Plan or Site Plan associated with a nn�Z=Conditional 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. ABANDONMENTiSECTION 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 m/annebed plat at y time before ny lot in the plat is sold. The plat is vacated when aowled ed instrument d taring the plat vacated is approved and recorded r pr cribed for the orig al plat. (B) Lo Sold If lots in th plat have been sold or built upon, the pla of the plat, may be vacated on t application of all the owners of lots inapproval obtained in the manner pr cribed for the original plat. 2.17.2 Initiation The owner or owners of lots in y approved subdivision ust initiate a plat vacation by filing an application with the Planning Dire tor. 2.17.3 Application Requirements (A) Applications shall be submitt on f ms provided by the Planning Department in accordance with Section 2.2 of i Ordinance. (B) Applications shall include: (1) Copy of the approved/r orded pi (2) A narrative outlining a reason(s)fo he request, (3) A legal descriptio of the total area soug t to be altered or vacated, (4) A legal descri ion of any easements or oth similar restrictions affecting the property, (5) A list of t se individuals, corporations, or other a tities holding an ownership interes n the property, (6) Do mentation denoting all encumbrances, includin\en quent taxes or a essments, on the property at the time of applicatmittal, (7) f there is a street that has been dedicated to NC D 'ntenance, the application shall contain a copy of a petition for abaent the street, ( The legal documentation, including a revised develo agree ent and deed(s), necessary to complete the vacation proces (9) If the subdivision is subject to restrictive covenants, licant(s)wil eed tosubmit either revised covenants, including signed stts from propeowner's agreeing to the change, denoting the lots) acated or legaldocuments extinguishing the existing covenants in tnt the developmen sa whole is being abandoned, (10) Five copies of a plat denoting the Iot(s) intended to ted, and Orange County, North Carolina—Unified Development Ordinance Page 2-67 Article 2: Procedures 76 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 Class Special 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 def iencies in meeting specific Ordinance requirem/premises; they may address specifi ' pacts which result from the operation of the hcupation. If conditions address specific impacts ult from the operat' n of the home occupation, the conditions may includet be limited to th ollowing limitations: (1) Hours of operation; (2) umber of vehicles to be parked omises;(3) The cation of an accessory buildige ea or parking on the property. (C) The Plannin irector may require gre ks and/or additional landscaping or screening to a uately screen the hopation from adjoining properties. 2.22.3 Application Approval (A) If the application is appro d, eithe ith or without conditions, the Planning Director shall send the applicant a pe i tter informing him/her of the approval and of the requirements of the Ordinanc t apply to the home occupation. A The permit letter must be gned by e applicant to indicate his/her willingness to operate the home occu tion in confor ance with the requirements and conditions set forth in the permi etter. (C) Each permit lett shall be kept on file by the nning Director and shall constitute the Home Oc pation Permit for the particular us in question. (D) The home ccupation may be operated by the applic t as long as it is operated in confor nce with the requirements and conditions set th in the permit letter. 2.22.4 Application D nial If the appl' ation is denied, the Planning Director shall notify the applicant of th denial and shall state th reasons for denial in writing. 2.22.5 A eals The applicant may appeal the decision of the Planning Director to the Board of Adjustment a set forth in Section 2.27. Orange County, North Carolina—Unified Development Ordinance Page 2-75 Article 2: Procedures 77 Section 2.26:Appeals (1) The decision of the Planning Director regarding a Major Subdivisio anal Plat application may be appealed to the Board of Commissioners. The Board of Commissioners shall have final approval auth ity, and where applicable, all Final Plats shall contain information and/o onditions approved by he Board of Commissioners. (3) The oard of Commissioners in all such appeal all make findings of fact in sup its decision. (4) The applican hall be notified, in writin f the Board of Commissioners' decision. 2.26.3 Planning Board Decisions (A) Major Subdivisions—Conc t n (1) The decision of the anning Board arding Concept Plan Development Options may be pealed to the Board Commissioners. (2) Any notice appeal shall be filed, in writing, th the Planning Director within 15 days aft he date of the Planning Board's decis (3) If t appeal involves a plan/map approval, 16 copies the plan/map shall be mitted along with the written appeal. ZX(4) he Board of Commissioners shall have final approval authority, nd, where pplicable, all Concept Plan Development Options shall contain inf ation nd/or conditions approved by the Board of Commissioners. he Board of Commissioners in all such appeals shall make findings of fact i 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)160A-393(d) 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 (A) Quasi_ udin a1 DeGmsmons63 0) Quasi U diGial n r,��he Beard of County Commissioners pursuo�n+ te the (1rrJinanro Shall be s uhion++n review of the request of any Parson who has nrOGeedings in the n-tI iro of nortiorari / \ I +o the S perior f e �r+ m +ho filorJ yVi+hin 30 days f the filing f the r2�T�-�e•ar-cv�rtcvaperivrvvam�rrcr�cvc�Trca TiT--nTc�Trtrrg-iT--n-rc denioion of the Board of GG Rty('ommiooioners by the Planning Diren+or or the delivery of the no+ino of the d8Gioion +o the annlinan+ whinhover is la+or (B)(A) Legislative 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. 63 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 Article 2: Procedures 78 Section 2.26:Appeals (2) The appeal to the Superior Court must be filed from the date of adoption of said Ordinance within the prescribed period below: (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 ameRdmeRt 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. 26.6 Water Supply Watershed Critical Area Boundary Line \Regulations ations disputing the Planning Director's decision regarding the location of a ater shed Critical Area boundary line shall be accompanied by: survey prepared by a North Carolina registered land surveyor or profe ional ngineer depicting the differences between: The locational criteria in Section 4.2, The official Watershed map on file in the Planning Departm t, andThe boundary line the applicant asserts is correct.de iled explanation describing the differences in the th e boundary linesontai d in (A)above. 2. tions (A) Any property o ner who has received an order take corrective action in accordance with ection 9.7 may appeal the der to the local elected governing body by giving noti of appeal in writing to a Floodplain Administrator and the clerk within ten business d s following issuan a of the final order. (B) The local governing bod hall hear a appeal within a reasonable time and may affirm, modify and affirm, o evoke a order. 2.26.8 Soil Erosion and Sedimentation Control (A) Appeal of Erosion Control Ian Except as provided in subse on (D) belo the appeal of a disapproval, approval with modifications, or approval ith conditions of Erosion Control Plan shall be governed by the following provisio : (1) The disappro I of, modification of, or con 'tions of approval attached to any proposed sion Control Plan by the Erosio Control Officer shall entitle the person s mitting the plan to an appeal of the cision to the Orange County Planni Director. (2) If th Planning Director upholds the decision, the pe on shall be entitled to a p lic hearing if such person submits written demand r a hearing within 15 ays after receipt of written notice of disapproval, modific tion, or conditions of approval. (B) Hearings 1) Orange County (a) This sub-subsection pertains to appeals for land-disturbing a ivities occurring outside the corporate limits of the Towns of Chapel Carrboro, and Hillsborough, and the City of Mebane. Orange County, North Carolina-Unified Development Ordinance Page 2-82 Article 2: Procedures 79 Section 2.26:Appeals (b) Hearings held pursuant to this sub-subsection shall be conducted the Orange County Planning Board within 30 days after receipt of w ten demand, as provided for in (A)(2) above. (c) The Orange County Planning Board shall make recomm dations to the Board of County Commissioners within 30 days after t date of the hearing on such Erosion Control Plan. The Board of County Commissioners will rende s final decision on any Erosion Control Plan appeal within 30 days o eceipt of the Planning Board recommendation. (2) Other tha Orange County (a) This s -subsection pertains to ap eals for land-disturbing activities occurrin ithin the corporate li its of the Towns of Chapel Hill, Carrboro, a Hillsborough, d the City of Mebane. (b) Hearings held p rsuant t his sub-subsection shall be conducted by a designated agenc of a appropriate town or city board within 30 days after receipt of writt demand, as provided for in (A)(2)above. (c) The said desig ed age y shall make recommendations to the appropriate t nor city bo within 30 days after the date of the hearing o uch Erosion Cont I Plan. (d) The s i appropriate town or city and will render its final decision on any rosion Control Plan appeal wit 30 days of the receipt of the r ommendations from the said design d agency conducting the earing. (C) Appea rom Local Government's Decision If the I al governing body upholds the disapproval, modification, o conditions of appr al of a proposed Erosion Control Plan following the public hea " g, the applicant s II be entitled to appeal the local government's action to the North Ca lina edimentation Control Commission as provided in Section 113A-61(c) of t General Statutes and Title 15A NCAC 4B.0118. (D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Pas Performance The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 o 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 regular business64 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. 64 Conforming to updated term for BOCC meetings. Orange County, North Carolina—Unified Development Ordinance Page 2-83 Article 2: Procedures 80 Section 2.26:Appeals 2.26. tormwater Management Plan (A) Appeals of the Erosion Control Officer's decision on a Stormwate nagement Plan sh e made to the Orange County Planning Director. (B) If the Planni irector upholds the decision, th plicant shall be entitled to a public hearing if the Iicant submits wri demand for a hearing within 15 days after receipt of written no of dis oval, modification, or conditions of approval. (C) The hearing shall be co ed by Orange County Planning Board within 30 days after receipt of wri demand for a hears (D) The Or County Planning Board shall make rec endations to the Board of ty Commissioners within 30 days after the date of the ring. The Board of County Commissioners shall render its final decision o stormwater management plan upon which a hearing is requested within 30 days of red i 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 regular business65 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. eals from Final Decisions Regarding Soil Erosion and Sedimentation Control Penaltie (A) Appeal from of County Commissioners er Governing Body Decisions Appeal from the final decisi e governing e arding civil penalties assessed for violations of th erosion and sedimentation contro ons of this Ordinance shall be uperior Court of the county where the violation occurr in the county re the violator's residence or principal place of business is located. 65 Conforming to updated term for BOCC meetings. Orange County, North Carolina—Unified Development Ordinance Page 2-84 81 ARTICLE 3: BASE ZONING DISTRICTS Division of la under Orange County planning jurisdiction is intended to impleme e policies contained in the e County 2030 Comprehensive Plan, adopted on Nove er 18, 2008, and amended from time to . The previous Orange County Comprehensi Ian was adopted on September 2, 1981, and am ed from time to time. The Land Use Element of the 2030 Co ehensive Plan ' ntifies land use categories in which specific types of development are encouraged and a d 'cting the geographic locations of the various land use categories. The 2030 Comprehensive PI ins a matrix identifying which zoning districts are com atible with each land use cate or . • 0 • • - • • - • - • 1 111111CATA • - 3.2.1 Require �onformance to District Regulations ept as otherwise provided in this Ordinance, no structure or land shall h>the used or occupied, and no structure, or part thereof, shall be altered, moved, erected ept in conformity with the regulations herein specified for the Zoning District in whiuctur r 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 Article 3: Base Zoning Districts 82 Section 3.3: Residential Districts SECTION DIMENSIONALRB • RATIO STANDARDS RURAL BUFFER MM (square feet) MM • 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] res ectivel (feet) 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, NR 4 .088 5 [1]Accessory structures shall not be erected in any required front max.666 open space and shall also conform to all other regulations. [2]Any corner lot having an abutting interior lot on its side street Required Open RGU 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 L ivabi4 Y RGU Section 6.2.7). a5 [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, GU - Recreation Space [5] Permitted non-residential uses existing as of 5/6/98 shall be Ratio, min. # GU limited to a maximum floor area ratio of.141 in the RB, AR, R-1, rY^c� ,„� oYo, U R-2, R-3, and R-4 zoning districts. .174 min (square fool NR-GU �n n 66 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 UDO. 67 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 Article 3: Base Zoning Districts 83 Section 3.3: Residential Districts Required Pedestrian/ NR 21 Landscape Ratio, falR CU min. DEVELOPMENTRB DISTRICT SPECIFIC . - . 1. Uses shall be restricted to those indicated for the RB District in Section 5.2, unless a Conditional Use (GU) r nnoGn_rZ-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 geReral 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 speGiai Use Permit(SUP) rGGess r as -A rendi+ional boo (G )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 of junked 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 Article 3: Base Zoning Districts 84 Section 3.3: Residential Districts 1 •10 V-11 W-11�112 MA I 01F.1 Ell Z I. V Conventional Subdivision 40,000 Process Article 7 Proposed Open Allowable Space Lot Size Lot Size, min. within (sq.ft.) (square feet) Flexible 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 150 Lot Width, min. (Article 7) (feet) Flexible Development 100 Process(Section 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: 059 [1]Accessory structures shall not be erected in any Floor Area Ratio, NR41 .088[5] required front open space and shall also conform to all max. other regulations. ni _rU [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-OU the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Required [3]Two feet of additional height shall be allowed for one Livability Spare R-GU -.7-5 foot increase of the required front and side setbacks. Ratio, min. [4] R= residential, NR= non-residential; - Required R .028 use Recreation [5] Permitted non-residential uses existing as of 5/6/98 Space Ratio, R OU shall be limited to a maximum floor area ratio of.141 in min. Orange County, North Carolina-Unified Development Ordinance Page 3-4 Article 3: Base Zoning Districts 85 Section 3.3: Residential Districts the RB,AR, R-1, R-2, R-3,and R-4 zoning districts. Grnss I onrJ�^�' [6] Required setbacks for lots created through the Flexible Area,MMiR n D 90,000 Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25%with the Required preservation of more than 33%open space for the Pedestrian/ NR 21 project. Under no circumstances shall any required Landscape Ratio, NJR-Gl-1 setback be less than 10 feet. min. DEVELOPMENTAR DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the AR District in Section 5.2, unless a Conditional Use-(CU)er nnoo„p_o_rZ 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 SpeGiai Use o8FMi+(SUP).,,-OGeSS er as Ge.nditmenai Use 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 of junked 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 Article 3: Base Zoning Districts 86 Section 3.3: Residential Districts • . Conventional Subdivision 40,000 Process Article 7 Proposed Allowable Lot Size, min. Flexible Open Minimum (square feet) Development Space Lot Size Subdivisi /0 on 33-39 40,000 Process 40-44% 30,000 (Section 45-49% 20,000 (Se 7 cti 50-59% 15,000 60%and 10,000 over Conventional •• Subdivision 130 Process Article 7 Lot Width, min. Flexible (feet) Development The purpose of the Rural Residential (R-1) District is to Subdivision 100 provide locations for rural non-farm residential Process(Section 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) APPLICABILITY 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 years. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, NRL4] .088 [5] [1]Accessory structures shall not be erected in any max. required front open space and shall also conform to all ni _rD other regulations. R-GU [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 GU streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to Required Livab it less than 25 feet. (See graphic in Section 6.2.7). c aGe Rati ., D [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;CI Recreation Space ,nd-it .a.1 ..Se Ratio, min. RBI I 031 [5] Permitted non-residential uses existing as of 5/6/98 Gross Land ore shall be limited to a maximum floor area ratio of.141 in min (square foot) ni�t 89,000 the RB,AR, R-1, R-2, R-3,and R-4 zoning districts. [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, AJR-0 .21 with the preservation of more than 33%open space for min. Orange County, North Carolina—Unified Development Ordinance Page 3-6 Article 3: Base Zoning Districts 87 Section 3.3: Residential Districts the project. Under no circumstances shall any required setback be less than 10 feet. DEVELOPMENTR-1 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the R-1 District in Section 5.2, unless a Conditional (GU)er MPD G=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 of junked 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 Article 3: Base Zoning Districts 88 Section 3.3: Residential Districts 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 Conventional •• Subdivision Process 100 Lot Width, min. Article 7 (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 APPLICABILITY 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, [1]Accessory structures shall not be erected in any required max. NRL4] .088[5] front open space and shall also conform to all other regulations. D [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets Required Open ni _rD .92 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). Required , ivabi ity [3]Two feet of additional height shall be allowed for one foot epaGe o,+; increase of the required front and side setbacks. [4] R= residential, NR= non-residential; - Required R .056 61se. Recreation Space [5] Permitted non-residential uses existing as of 5/6/98 shall Ratio, min. 9 be limited to a maximum floor area ratio of.141 in the RB, r-r ss ' ;;Rd Area AR, R-1, R-2, R-3, and R-4 zoning districts. ;n (square foot) �D 45,999 [6] Required setbacks for lots created through the Flexible Orange County, North Carolina-Unified Development Ordinance Page 3-8 Article 3: Base Zoning Districts 89 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 GW —195 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 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 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 of junked 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 Article 3: Base Zoning Districts 90 Section 3.3: Residential Districts WJIM • . IM Lex;lf-11W��N 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 100 Lot Width, min. Article 7 (feet) Flexible Development The purpose of the Medium Intensity Residential (R-3) Subdivision Process 70section 7.12 District is to provide locations for moderate intensity Front Setback residential development and supporting recreational, from ROW, 30 [1] [6] community service and educational uses in areas where min. (feet) urban services are available or are to be provided as part of the development 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, 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: R GIJ [4] 4-90 [1]Accessory structures shall not be erected in any Floor Area NRJ441 .088[5] required front open space and shall also conform to all Ratio, max. other regulations. INIR-0D [51 [2]Any corner lot having an abutting interior lot on its side Cil street shall observe a front yard setback from both streets Required Open ", U $g 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). Required [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. � #-GIJ -.&5 [4] R= residential, NR= non-residential;G u Required [5] Permitted non-residential uses existing as of 5/6/98 R .074 shall be limited to a maximum floor area ratio of.141 in the Recreation Space Ratio, RB,AR, R-1, R-2, R-3, and R-4 zoning districts. F -CU -077 [6] Required setbacks for lots created through the Flexible min. Development design process as detailed in Section 7.12 of Gress I and this Ordinance may be reduced by 25%with the Area,^,O^ n 30,000 preservation of more than 33%open space for the project. (square feez) Orange County, North Carolina—Unified Development Ordinance Page 3-10 Article 3: Base Zoning Districts 91 Section 3.3: Residential Districts Under no circumstances shall any required setback be less Required NR .203 than 10 feet. Pedestrian/ Landscape NR U -.2-0 Ratio, min. DEVELOPMENTR-3 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the R-3 District in Section 5.2, unless a Conditional Use (GU)er MPD G7 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 of junked 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 Article 3: Base Zoning Districts 92 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 or are to be provided as part of the development process. Corner Side Setback, 25 [2] min. (feet) Side Setback, min. 10 [1] (feet) APPLICABILITY 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. RGU [41 4-44 Floor Area Ratio, max. NR[44] .123[5] DIMENSIONAL STANDARDS NOTES: [1]Accessory structures shall not be erected in any requiredD front open space and shall also conform to all other regulations. R GIJ [2]Any corner lot having an abutting interior lot on its side street Required Open Space NR GU 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 Required L ivab ity graphic in Section 6.2.7). Space Ratio ., U �4 [3]Two feet of additional height shall be allowed for one foot R .111 increase of the required front and side setbacks. Required Recreation Space Ratio, min. [4] R= residential, NR= non-residential; - GU -.4 4 [5] Permitted non-residential uses existing as of 5/6/98 shall be RR-CI I NIR- limited to a maximum floor area ratio of.141 in the RB, AR, R-1, o GU R-2, R-3, and R-4 zoning districts. NR .198 Required Pedestrian/ Landscape Ratio, min. ni� 1 4-95 R-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-4 District in Section 5.2, unless a Conditional Use (GU) r MPQ- 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 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 Article 3: Base Zoning Districts 93 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 of junked 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 Article 3: Base Zoning Districts 94 Section 3.3: Residential Districts DIMENSIONAL . RATIO 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 in areas where the full range urban services are available. ROW, min. (feet) 20 [1] 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 T 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. R[4] Floor Area Ratio, max. NR R Old ISIR -Cl I 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-Q a6 [2]Any corner lot having an abutting interior lot on its side street NR-GU shall observe a front yard setback from both streets provided, Required Livability R however, that this requirement does not reduce the width Space Ratio, min. I D f1i 1 .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-0 _290 increase of the required front and side setbacks. [4] R= residential, NR= non-residential; - s L andd o.P N a 0,000 feet) Required Pedestrian/ NR .195 Landscape Ratio, min. �_4�-Sl3 49 R-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-5 District in Section 5.2, unless a Conditional Use (CH)nr MPID Orange County, North Carolina-Unified Development Ordinance Page 3-14 Article 3: Base Zoning Districts 95 Section 3.3: Residential Districts 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 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 of junked 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 Article 3: Base Zoning Districts 96 Section 3.3: Residential Districts DIMENSIONAL • 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 in areas where the full range urban services are available. ROW, min. (feet) 20[1] 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. jN[4] A Floor Area Ratio, max. R-Gl�DIMENSIONAL STANDARDS NOTES:[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. #-GU �4 [2]Any corner lot having an abutting interior lot on its side street NR-GU shall observe a front yard setback from both streets provided, Required Livability R however, that this requirement does not reduce the width Space Ratio, min. �jm 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. #-GU egg increase of the required front and side setbacks. Gr Rs , ;;nd oro ,„ [4] R= residential, NR= non-residential;G1 1 -sei i:se. Ti NdR-GU 71000 (square fee Required Pedestrian/ NR .088 Landscape Ratio, min. NJR-GU 4&5 DEVELOPMENTR-8 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the R-8 District in Section 5.2, unless a Conditional 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 Article 3: Base Zoning Districts 97 Section 3.3: Residential Districts applicable development standards detailed in Article 6 of this Ordinance. 3. While the Minimum Lot Size may be 5,000 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 of junked 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 3-17 Article 3: Base Zoning Districts 98 Section 3.3: Residential Districts DIMENSIONAL.13 . RATIO 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-13) 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. R[4] .348 Floor Area Ratio, max. R-GU DIMENSIONAL STANDARDS NOTES: Attu---GU [1]Accessory structures shall not be erected in any required Required Open Space R front open space and shall also conform to all other regulations. Ratio, min. R�rU .72 [2]Any corner lot having an abutting interior lot on its side street NR GU shall observe a front yard setback from both streets provided, Required Livability R .45 however, that this requirement does not reduce the width Space Ratio, min. R rl. 44 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. #-GU increase of the required front and side setbacks. Gr gs Land.Area, ., [4] R= residential, NR= non-residential; - use. T) nI U a GW Required Pedes+r';4n I onrlcn�ro R�+i., w. 4IR-G-1-1 49 R-13 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-13 District in Section 5.2, unless a Conditional Use (GU)orMPD- GZ District is approved see Section 3.8). Orange County, North Carolina-Unified Development Ordinance Page 3-18 Article 3: Base Zoning Districts 99 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). �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. 6 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 of junked 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 Article 3: Base Zoning Districts 100 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] Rear Setback, min. (feet) 15 [2] Height, max. (feet), if located 25 [3] This district will usually be applied where the following outside of a CTAN 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 .100 Activity Node (CITAN), a Rural Community Activity Node Floor Area Ratio, max., if NRL4] or a Rural Neighborhood Activity Node. located outside of a CTAN or CITAN n1�_r 1 -.14-5 2. Uses would serve a market area population confined to the immediate area and would generally not serve RBI II commuters or persons outside the surrounding Floor Area Ratio, max., if NR .40 neighborhood. located within a CTAN or CITAN NIR-C' -.45 Required Open Space Ratio, RGU 80 min., if located outside of a NR CTAN or CITAN NR-GD .7-9 Required Open Space Ratio, min., if located within a CTAN .55 or CITAN DIMENSIONAL STANDARDS NOTES: Required Livability Space RBI II [1] Lot size for individual uses shall be appropriate to the Ratio, min. Eig method of water supply and sewage disposal. Required Recreation Space R .074 [2] Required side and rear setbacks adjacent to Ratio, min. R-GI 1 n�7 residentially zoned land shall be equal to the required side or rear setback of the adjacent residential district. Gress Land Area, n,;n �.. [3]Two feet of additional height shall be allowed for onee foot increase of the required front and side setbacks. (square feet) pI-OD ^ PAP Cam[4] R= residential, NR= non-residential; = Required Pedestrian/ NR .20 Landscape Ratio, min. , if located outside of a CTAN or NR Ott 499 CITAN Required Pedestrian/ Landscape Ratio, min. , if NR located within a CTAN or PfR-S14 CITAN 17! Orange County, North Carolina-Unified Development Ordinance Page 3-20 Article 3: Base Zoning Districts 101 Section 3.4: General Conventional Commercial Districts DEVELOPMENTLC-1 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the LC-1 District in Section 5.2, unless a Conditional Use-(OU) or nno_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. 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 District in accordance with the provisions of this Ordinance. Acreage limitations shall not apply to property zoned Existing Commercial-5 (EC-5);r,,nditienaI Use (GI ) or nnon_r7or 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 Article 3: Base Zoning Districts 102 Section 3.4: General Conventional Commercial Districts DIMENSIONALNC-2 . RATIO STANDARDS NEIGHBORHOOD COMMERCIAL Lot Size, min. (square feet) 2,000 [1] 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 R GU [4] .200 the immediate area and would generally not serve located outside of a CTAN NRL4] commuters or persons outside the surrounding or CITAN pIR GU —.Q-30 neighborhood. Floor Area Ratio, max., if RD .40 located within a CTAN or CITAN N#R-01 Required Open Space R CU 76 Ratio, min ., if located NR outside of a CTAN or NR CU -.7-5 CITAN 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. 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 444 increase of the required front and side setbacks. 5-99( [4] R= residential, NR= non-residential; - r--r ss ' ond Area, u� e T) NR-GIJ Fl6Fle/ n24 znn Required Pedestrian/ NR 19 Landscape Ratio, min., if located outside of a CTAN N -0 1 433 or CITAN Required Pedestrian/ Landscape Ratio, min., if NR 05 located within a CTAN or CITAN Orange County, North Carolina-Unified Development Ordinance Page 3-22 Article 3: Base Zoning Districts 103 Section 3.4: General Conventional Commercial Districts DEVELOPMENTNC-2 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the NC-2 District in Section 5.2, unless a Conditional Use-(OU) or nno_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 4.2.3for 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 U-se District in accordance with the provisions of this Ordinance. Acreage limitations shall not apply to property zoned Existing Commercial-5 (EC-5), r,,nditional Use (GI ) or MPD-C-7or 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 Article 3: Base Zoning Districts 104 Section 3.4: General Conventional Commercial Districts DIMENSIONAL[I CC-3 . RATIO STANDARDS OMMUNITY CCOMMERCIAL Lot Size, min. (square 2,000 [1] feet) 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 N � 400 developments of a CC-3 nature should be Eentrelled by located outside of a CTAN or CITAN t#eapproved as an appropriate Conditional Use deli,natiei4 NR-SD n5o District. R-C' Floor Area Ratio, max., if .60 3. Use would serve a market area population extending to located within a CTAN or NRCITAN NR-Gl� �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 or pD 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 Spa Ratme R- T Required Recreation R .197 DIMENSIONAL STANDARDS NOTES: Space Ratio, min. R-Cl 1 —.209 [1] Lot size for individual uses shall be appropriate to the R-Gli 5;99() method of water supply and sewage disposal. Gross I and- Area pope [2] Required side and rear setbacks adjacent to residentially min ImAx q�g0/� l�R-GD 1,273,54 � �^ zoned land shall be equal to the required side or rear setback of , 4 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 [4] R= residential, NR= non-residential, rl I - �'iseii:se Ratio, min., if located .18 outside of a CTAN or CITAN Required Pedestrian/Landscape NR .05 Ratio, min., if located NR-GIJ within a CTAN or CITAN Orange County, North Carolina-Unified Development Ordinance Page 3-24 Article 3: Base Zoning Districts 105 Section 3.4: General Conventional Commercial Districts DEVELOPMENTCC-3 DISTRICT SPECIFIC • -D 1. Uses shall be restricted to those indicated for the CC-3 District in Section 5.2, unless a Conditional Use-(OU) or nno_o„p__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. 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), (C ) r naPD 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 Article 3: Base Zoning Districts 106 Section 3.4: General Conventional Commercial Districts GC-4 DIMENSIONALGENERAL • RATIO STANDARDS COMMERCIAL Al� 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 Height, max. (feet) ., if located 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 pU 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 or rear setback of the adjacent residential district. Gross Land Area, m;n. max. NR GU 425,600 [3]Two feet of additional height shall be allowed for one Tie foot increase of the required front and side setbacks. Required [4] R= residential, NR= non-residential;G Pedestrian/Landscape Ratio, 61se. min., if located outside of a .178 CTAN or CITAN Required Pedestrian/Landscape Ratio, .05 min., if located within a CTAN or CITAN JM DEVELOPMENTGC-4 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the GC-4 District in Section 5.2, unless a Conditional „r nnon_r� 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 Article 3: Base Zoning Districts 107 Section 3.4: General Conventional Commercial Districts r • • . • STANDARDS Lot Size, min. (square 40,000 [1] A feet) PURPOSE Lot Width, min. (feet) R[1] 180 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 R 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 zoned land shall be equal to the required side or rear setback of Ratio, min. NR .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 . • - . 1. Uses shall be restricted to those indicated for the EC-5 District in Section 5.2, unless a Conditional r MPID 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. 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 Article 3: Base Zoning Districts 108 Section 3.4: General Conventional Commercial Districts R[1] None Lot Size, min. (square feet) NR NR GW 5,000 -•• ���U 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 Front Setback from R None office, service, research, and light manufacturing land uses in NR CU 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 R None routes. iiiiiiin.-P—m- M NR 10 [2] APPLICABILITY This district will usually be applied where the following conditions R one exist: Rear Setback, min. NR 10 [2] 1. Site is located in areas designated by the adopted (feet) NR U NGRe j 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. -- Floor Area Ratio, max. N .40 : E -.45 Required Open Space .55 DIMENSIONAL STANDARDS NOTES: Ratio, min. Ren red Livability Cnano Ratme m ` [1] R= residential, NR= non-residential�'�s �'ier�,.t;��' use. [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. R GU 444 the adjacent residential district. 5,000 [3]Two feet of additional height shall be allowed for one foot Gress I a'n.d nroa nee increase of the required front and side setbacks. feet) N� 29A 0AA/ ee+ae Required Pedestrian/Landscape nlp R U .05 Ratio, min. OIRM DISTRICT SPECIFIC DEVELOPMENTSTANDARDS 1. Uses shall be restricted to those indicated for the O/RM District in Section 5.2, unless a Conditional U-se (GU)„r n PD 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 Orange County, North Carolina-Unified Development Ordinance Page 3-30 Article 3: Base Zoning Districts 109 Section 3.4: General Conventional Commercial Districts DIMENSIONAL . RATIO STANDARDS JAG RICU LTU RAIL ERVICE 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. DEVELOPMENTAS DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the AS District in Section 5.2, unless a Conditional Use (GIJ) or 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 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 Article 3: Base Zoning Districts 110 Section 3.5: Industrial Districts SECTION [IGHT DIMENSIONAL AND RATIO STANDARDS 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 PURPOSE Rotli=dth, min. Weetim= The purpose of the Light Industrial-1 (1-1) District is to provide Alm-G14 NGRe 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 GU NGRe will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. NR 50 11 Side Setback, min. APPLICABILITY (feet) U ] This district will usually be applied where the following conditions Rear Setback, min. NR 50 exist: (feet) ] 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. Height, max. (feet) 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 a5 [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; - usea. Ratio, min. , if located .45 [3] Required- side and Fear etbaGks ad-ianont to r sid en+ia4y within a CITAN ZZA-Red- land-shall be equal to the required side A_.r rear etbaGk of (`-rnss Land Area, the ad-iason+r sid-on+ia-1 dist Mon xrn;;x N R G U [43]Two feet of additional height shall be allowed for one foote increase of the required front and side setbacks. Required NR .20 Pedestrian/Landscape Ratio, min. , if located NIRU 497 outside of a CITAN Required Pedestrian/Landscape .05 Ratio, min. , if located within a CITAN DEVELOPMENT1-1 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the 1-1 District in Section 5.2, unless a Conditional (GU)er MPID 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 Orange County, North Carolina-Unified Development Ordinance Page 3-34 Article 3: Base Zoning Districts Section 3.5: Industrial Districts DIMENSIONAL . RATio STANDARDS Lot Size, min., per use 20,000 (square feet) PURPOSENR[1] 100 Lot Width, min. Weet The purpose of the Medium Industrial-2 (1-2) District is to provide Pam—G14 NGRe 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 GIJ NGRe standards will be used to insure the absence of adverse impact beyond the lot boundaries of the use. 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 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 DIMENSIONAL STANDARDS NOTES: Required Open Space .40 [1] R= residential, NR= non-residential, Ratio, min. [2] Required side and rear setbacks adjacent to residentially r~^s,s; ' ,rd "ro, 0,000.1 zoned land shall be equal to the required side or rear setback of nee 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 Ratio, min. DEVELOPMENT1-2 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the 1-2 District in Section 5.2, unless a Conditional Use (GIJ)9 nno�-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. 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 s ace Orange County, North Carolina—Unified Development Ordinance Page 3-36 Article 3: Base Zoning Districts 112 Section 3.5: Industrial Districts DIMENSIONALEl . RATIO STANDARDS EXISTING INDUSTRIAL Lot Size, min., per use g0,000 (square feet) • 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. 11 Side Setback, min. 1 APPLICABILITY 50 [1] (feet) EIN This district shall only be applied to accommodate existing (at the time of the application of the Zoning Ordinance to previously Rear Setback, min. unzoned Townships) industrial uses located in areas not (feet) 50 [1] 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 b the buildin .— 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-1 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the El District in Section 5.2, unless a Conditional Use or 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 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 68 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 Article 3: Base Zoning Districts 113 Section 3.6: Other Districts • DIMENSIONAL . RATIO STANDARDS DISTRICTIUBLIC INTEREST 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. APPLICABILITY ���ftwiiiii 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. DEVELOPMENTPID DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the PID District in Section 5.2, unless a Conditional r MPID 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. 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 Article 3: Base Zoning Districts 114 Section 3.7: Economic Development Districts Lot size, min., per use � No requirement[1] (square feet) 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 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 APPLICABILITY Areas, Storage 10 [2] Areas, Signs This district will usually be applied where the following conditions Driveway 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. 4j .60 Floor Area Ratio, max. NRL4] DIMENSIONAL STANDARDS NOTES: PfR-GU a9 [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 Required L ivabi y R-SU -.45 adjacent residential district. Space Ratie, nq r [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, GIJ - square feet Required Pedestrian/Landscape n�Q R U 05 Ratio, min. D: • • STANDARDS 1. Uses shall be restricted to those indicated for the EDB-1 District in Section 5.2, unless a Conditional nn9T�-C� 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 District^Ir aRs a nnon rZ(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 Article 3: Base Zoning Districts 115 Section 3.7: Economic Development Districts Lei Z 1-11 W-1 IF-11�117-11 N.'= Lot size, min., per use � No requirement[1] (square feet) 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 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 APPLICABILITY Areas, Storage 10 [2] Areas, Signs This district will usually be applied where the following conditions Driveway 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. R J4 65 DIMENSIONAL STANDARDS NOTES: NR-S 1 1 -.7-a [1] Evaluated as part of the Site Plan review process. Required Open Space [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 Required L ivab ty adjacent residential district. Space Rati ng * [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, QJ - (square feet) liMl Required Pedestrian/Landscape nip R D .05 Ratio, min. D:-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDB-2 District in Section 5.2, unless a Conditional (GU)er MPID 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 Orange County, North Carolina-Unified Development Ordinance Page 3-46 Article 3: Base Zoning Districts 116 Section 3.7: Economic Development Districts appropriate Conditional District^r as a naon_rZ(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 Class 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 Article 3: Base Zoning Districts 117 Section 3.7: Economic Development Districts 61 Lei Z F-11 W-1 IF-11 Z 117-11 N.'= Lot size, min., per use No requirement[1] (square feet) 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] Areas, Signs Buildings/ 25 [2] Rear Setback, min. Structures (feet) Vehicle Use APPLICABILITY Areas, Storage 10 [2] Areas, Signs This district will usually be applied where the following conditions Driveway Setback from exist: Property lines, min. 10 (feet) 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. R GU Floor Area Ratio, max. N 1 60 DIMENSIONAL STANDARDS NOTES: ni�_rU -.To [1] Evaluated as part of the Site Plan review process. Required Open Space .45 [2 Required side and rear setbacks adjacent to residential) zoned Ratio, min. ] q � y DonuirorJ I i nhil:+.. land shall be equal to the required side or rear setback of the Space Ratio m 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, - (square feet Required NR Pedestrian/Landscape 05 Ratio, min. DEVELOPMENTEDE-1 DISTRICT SPECIFIC -D 1. Uses shall be restricted to those indicated for the EDE-1 District in Section 5.2, unless a Conditional )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 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 else-District e1ras a ""D�Z_(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 Article 3: Base Zoning Districts 118 Section 3.7: Economic Development Districts Lei Z F-11111 7 IF-11 Z 117-11:4 1= 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 Areas, Signs Buildings/ 25[2] Structures Rear Setback, min. (feet) Vehicle Use APPLICABILITY Areas, 10 [2] Storage Areas, Signs This district will usually be applied where the following conditions Driveway Setback from exist: Property lines, min. (feet) 10 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. R- Floor Area Ratio, max. N R�} 65 DIMENSIONAL STANDARDS NOTES: NIR C [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 n �-SLd 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 - dse se (square feet Required Pedestrian/Landscape NR CU .05 Ratio, min. DEVELOPMENTEDE-2 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDE-2 District in Section 5.2, unless a Conditional Use(CU)er ^".9.PM 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. 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 Article 3: Base Zoning Districts 119 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 U_s_e-District Ae as a ^no�_rZ(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 Cloys RR 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). 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 Article 3: Base Zoning Districts 120 Section 3.7: Economic Development Districts 'i Lei Z F-.1 W-1 IF-11 Z 117-11 V.,= 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] R GU[ .45 Floor Area Ratio, max. NRL4] DIMENSIONAL STANDARDS NOTES: -.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 Required Livability Space shall observe a front yard setback from both streets provided, Ratio r, 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)m 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 [4] R= residential, NR= non-residential, GIJ -GGRditiGRal 6ise Pedestrian/Landscape n�Q R .05 Ratio, min. Orange County, North Carolina-Unified Development Ordinance Page 3-52 Article 3: Base Zoning Districts 121 Section 3.7: Economic Development Districts DEVELOPMENTEDH-1 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional Use (GU) r noon_ 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 District nerass a n4PD-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. 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., a Glass o Spe ,al Use Permit sho11 be edthe 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-.2kq5.21.2 for standards for uses requiring a Glass o Spec, ' I Iso oormitapproval as a Conditional District within the Hillsborough Economic Development District. Orange County, North Carolina—Unified Development Ordinance Page 3-53 Article 3: Base Zoning Districts 122 Section 3.7: Economic Development Districts • . • •. Lot size, min, (square 30,000 • • feet) HILLSBOROUGHN Lot Width, min. (feet) 200 PURPOSE 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. R GU [4] .45 Floor Area Ratio, max. NR r4l DIMENSIONAL STANDARDS NOTES: _8 [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 Required Livability Space shall observe a front yard setback from both streets provided, Ratio, ,, n. _o 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. Required NR [4] R= residential, NR= non-residential,GIJ -s �'er ..t;Ga'use Pedestrian/Landscape .05 Ratio, min. DEVELOPMENTEDH-2 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2, unless a Conditional Use (GU)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. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional „moo-District aras a MP_D-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 Article 3: Base Zoning Districts 123 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 ro r a Special Use Permit 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�.2kq .21.2 for standards for uses requiring a Glass A Special Use Perms approval as a Conditional District within the Hillsborouqh Economic Development District. Orange County, North Carolina—Unified Development Ordinance Page 3-55 Article 3: Base Zoning Districts 124 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. exist: (feet) 50 [1] [2] 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] .60 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR [1] Required side and rear setbacks adjacent to residentially zoned Add-Gl4 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, Required Livability Space however, that this requirement does not reduce the width suitable for Ratie m R. R_r_U 45 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 NR� .05 Ratio, min. DEVELOPMENTEDH-3 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5.2, unless a Conditional 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 9s.e--District erasa nnon_rZ(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 Article 3: Base Zoning Districts 125 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 require a cnoG„l Use Permit, Clops 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 5_3-.2T,)5.21.2 for standards for uses requiring a Class o S eGiai Use Perm;+approval as a Conditional District within the Hillsborough Economic Development District. Orange County, North Carolina—Unified Development Ordinance Page 3-57 Article 3: Base Zoning Districts 126 Section 3.7: Economic Development Districts • . -. • • • Lot size, min., (acres) 1 A, Lot Width, min. (feet) 200 • 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. 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) 60 [3] R GU[ .65 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NRJ441 [1] Required side and rear setbacks adjacent to residentially zoned NIR-0 1 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 _;�7u shall observe a front yard setback from both streets provided, Required Livability Space however, that this requirement does not reduce the width suitable for R,a+;,, rn .45 a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Gross Land Area, min./max. [3]Two feet of additional height shall be allowed for one foot (square feet) none increase of the required front and side setbacks. Required [4] R= residential, NR= non-residential, QW -GORditiORAI Pedestrian/Landscape NR 0 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 (GO r noon_ 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 District er as ;; MR_D-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 Orange County, North Carolina-Unified Development Ordinance Page 3-58 Article 3: Base Zoning Districts 127 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. ReS+dential uses Ret permitted OR d+StKICt.69 7-.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. 9&. A justification for any deviation to development standards must state a public benefit or purpose. 40-.a. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 44-.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. 4-2-.11. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 4-3-.12. See Section&44((_')5.21.2 for standards for uses requiring a Glass n SpeAial I boo Perm;+approval as a Conditional District within the Hillsborough Economic Development District. 69 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 Article 3: Base Zoning Districts 128 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. NRL4] [1] Required side and rear setbacks adjacent to residentially zoned NR GU a5 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, Required Livability SpaGo however, that this requirement does not reduce the width suitable for Ratme m a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). [3]Two feet of additional height shall be allowed for one foot min./max. none increase of the required front and side setbacks. square feet [4] R= residential, NR= non-residential, GU -�ssditionAl ,zse Required NR�U 05 Ratio, min. DEVELOPMENTEDH-5 DISTRICT SPECIFIC . • - . 1. Uses shall be restricted to those indicated for the EDH-5 District in Section 5.2, unless a Conditional (GU)er MPID 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 Orange County, North Carolina-Unified Development Ordinance Page 3-60 Article 3: Base Zoning Districts 129 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 District or aass a n4PD-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 o.3 2(C�)5.21.2 for standards for uses requiring a Gass " SpeGial Use Perms approval as a Conditional District within the Hillsborough Economic Development District. Orange County, North Carolina—Unified Development Ordinance Page 3-61 Article 3: Base Zoning Districts 130 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 g8Reral Z^n;n^conventional 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 gener il 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^e9 econventional 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. 2 Purpose and Intent (A) Conditional Districts may be established for specialized purposes where tr s suitable in location, area and character for the use and structures prop o d are to be planned and developed on a unified basis. (B) a suitability of tracts for the development proposed shall be termined primarily by r rence to the adopted Comprehensive Plan, any rel nt adopted small area plan, an the standards outlined in this Ordinance, but e consideration shall be given to the isting and prospective character of rounding development. (C) Conditional Distri offer advantages to bot a general public and property owners. (1) Benefits to the ge ral public in de: (a) A more efficient a ective use of land, (b) A more efficien se o ergy, (c) The redu ' n of the costs o ntinuing maintenance responsibilities, (d) The aster planning of infrastructu development within the region, and (e) higher level of amenities in all types o velopment. (2) nefits to property owners include: (a) Greater flexibility in the development of their land, (b) The opportunity to utilize new and ingenious development hniques, and (c) A more prudent use of time, money, effort, and other resources. Orange County, North Carolina—Unified Development Ordinance Page 3-62 Article 3: Base Zoning Districts 131 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 Districts70 (1) Conditional Zoning(CZ) 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 GZ-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 GZ-Conditional DistrictsdiStFiGts are hereby established: (a) Agricultural Support Enterprises (ASE-GZCD) (b) Home Park (HP-GZCD) (c) Master Plan Development(MPD-GZCD) (d) NC Highway 57 Speedway Area Rural Economic Development Area (REDA-GZCD-1) (e) Residential (R-CD) (4)(f) Non-Residential (NR-CD) (4) Land uses permitted within GZ-Conditional DistrictsdiStFiets shall be those uses detailed within Section 5.2 of this Ordinance. (5) Development standards for eaoh district are IGGate,t 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.— (B) Conditional Use Dmstrmrts 0) Gendotmenal Use _D's;tr*r__ts for thp- development of a SpeGifiG land use, or land uses listed en the Table of Dazed Uses oeg-tin�5 :2 of th*c; Qrrlinanne even if of irh i ise is nnf Ilotert as use a norm itterl se nr speoial i ise i inner the a irrenf ze i�eCignatinn of fho s ihiont nrnnorty 6 of this Qrrlinanoe (3) A GE)Rditienal Use District requires the a gal of a r n by the Beard of Geunty('ommissioners gal of a site plan the is of a f loss A Speoial Use Permit, and may inoli de agreed_upon rnnrlitionc of development 3.8.4 Where Permitted Conditional Districts are permitted within the following:72: 70 160D-703 of the statutes standardizes the term "conditional zoning district"to "conditional district." 71 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. 72(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 3-63 Article 3: Base Zoning Districts 132 Section 3.8: Conditional Districts (A) Conditional Districts are permitted inifn 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,.. oLLd Rd'tm,,nre n,S+r,Gts are permitted within' within areas subject to the Joint Planning Agreement(JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the terms and standards of the JPA; and,.. sLjer nditi,nmi Dio+riGts are permitted within' within the University Lake, Cane Creek, and Upper Eno Protected and Critical Watershed Overlay Districts. Orange County, North Carolina—Unified Development Ordinance Page 3-64 Article 3: Base Zoning Districts 133 Section 3.8: Conditional Districts DIMENSIONAL . RATIO STANDARDS ASEM AGRICULTURALENTERPRISES Lot size, min., per use 40,000 [1] (square feet) Lot Width, min. (feet) 150 PURPOSE Front Setback from 40 ROW, min. (feet) The purpose of the Agricultural Support Enterprises Conditional Side Setback, min. 20 [2] District(ASE-GZCD) Di-Sufis to provide for agriculturally-related (feet) activities that are not considered bona fide farming activities within the County's planning jurisdiction. Rear Setback, min. 20 [2] (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, Required Open Space No requirement[4] thus insuring-ensurinq the continued conservation of building values Ratio, min. and encouraging the most appropriate use of land in the county. Required Livability Therefore,when evaluating an application for this district, emphasis Space Ratio, min. No requirement[4] shall be given to the location of the proposed development,the relationship of the site and site development plan to adjoining Required Recreation property, and the development itself. Space Ratio, min. No requirement[4] 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. DEVELOPMENTASE- DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the ASE-GGZ-CD District in Section 5.2. Certain uses shall not be approved on parcels located within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan (refer t SeGtien5.2.-2 f r those „sessee use standards in Article 51-3). 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. 5. For lots outside of a Watershed Protection Overlay District see Section 4.2 , the minimum usable lot area for lots 73 A 2019 amendment changed the way the uses are denoted and Section 5.2.3 no longer exists;this proposed language should have been part of the 2019 amendments. Orange County, North Carolina—Unified Development Ordinance Page 3-65 Article 3: Base Zoning Districts 134 Section 3.8: Conditional Districts I W-11 BY-11:4 BE Tract size, min. (acres) 5 Tract Front Setback from No requirement[1] ROW, min. (feet) • The purpose of the Master Plan Development Conditional Zea}ag District(MPD-CZD)D+stFiGtis 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. 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 insuring ensuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Tract Floor Area Ratio, No requirement[1] Therefore,when evaluating an application for this district, emphasis max 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. Required Open Space No requirement[1] 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/ Master Plan. Landscape Ratio, min. No requirement[1] •D • • 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-C D 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. 6. 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 3-67 Article 3: Base Zoning Districts 135 Section 3.8: Conditional Districts applicable development standards detailed in Article 6 of this Ordinance or provide creative alternatives that meet the intent and spirit of the regulations. 7. Within the Rural Buffer Land Use classification, as denoted in the adopted Comprehensive Plan,(RB)zoning distric 74, only the following types of uses shall be considered for a MPD-GZCD: residential uses, institutional uses and professional services. Under no circumstances shall a MPD-GZ-CD be approved for a retail or manufacturing/industrial land use within the RB zoning district. 74 The correct reference is to the Land Use classification since,after a parcel is rezoned to MPD-CD, it is technically no longer within the RB zoning district. This restriction comes from the Joint Planning Agreement which is based primarily on future Land Use designations. Orange County, North Carolina—Unified Development Ordinance Page 3-68 Article 3: Base Zoning Districts 136 Section 3.8: Conditional Districts J01ME WPARIK DIMENSIONAL AND RATIO STANDARDS Tract size, min./max. 5/100 (acres) Tract Front Setback 40 from ROW, min. (feet) PURPOSE Tract Side Setback, 20 min. (feet) The purpose of the Home Park Conditional Zoning District (HP- GZCD)District 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 adjoininq and nearby property. 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 insuringensuring 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 and the development itself. Required Open Space property, p Ratio, min. residential uses in 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 DEVELOPMENTHP- DISTRICT SPECIFIC . - . 1. Uses shall be restricted to those indicated for the HP-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. 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 3-69 Article 3: Base Zoning Districts 137 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 3-70 Article 3: Base Zoning Districts 138 Section 3.8: Conditional Districts DIMENSIONAL . RATIO STANDARDS K IEDA- -1 C HIGHWAY 57 SPEEDWAY Tract size, min. (acres) none 01�REA RURAL ECONOMIC DEVELOPMENT Tract Front Setback No requirement[1] from ROW, min. (feet) PURPOSE Tract Side Setback, No requirement[1] min. (feet) The purpose of the NC Highway 57 Speedway Area Rural Economic Development Area Conditional Zort}ng District(REDA-CZCD-1) Distric 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 regulations. 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. Puion County n {qa Flat Rivrr Pr o Nct&d h �xy; 6AC8HFA�� o�nm C-14, • Required Livability Space Ratio, min. No requirement[1] U." Rivas Prarecred o y` g P.—Y NC 040—,57°..peMwer A.— B.r snx 5nppry � i Sao.wn.Uw'Nop^KI Can]ans Io.q Cbtct LRGbP.DA- L2.11 Orange County, North Carolina—Unified Development Ordinance Page 3-71 Article 3: Base Zoning Districts 139 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. [Applications 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. rotential uses shall be restricted to those listed as permitted for the REDA-GZCD-1 District in Section 5.2.35275. 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 zening 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. 75 Correction that should have been part of amendments adopted in 2019. Orange County, North Carolina—Unified Development Ordinance Page 3-72 Article 3: Base Zoning Districts 140 Section 3.8: Conditional Districts ■ Di eRsil.nAl and Ratio Standards sghhall �fn rho+o+o the r en+s of the n nrlino n ral use ZGRiRg dic+rip+ 0 purpese of biRdiRg developmeRt te a detailed site plaR with a list Of Sp8G'fwr--. that r--.A_Mpat'b'lwty and harmeRy e,i+h s ndinn I I.Aind- IOR the G06IRty. Therefore,WhGR eVaWatiRg aR appkatiGR fer this d'StF'Gt, emphasis shall be giVGR to the IGG development itself -2. The G onditional Use (GU)development revieW PFOGIRS's invelves the development of a SP86fiG land use(s)en a GpIII parnel of property regardless of the n+zening de a+in ■ Ilk ft ■ • ■ . :1!AAAtII irlororl fnr a 0 I Defer+n Cen+ion 4 7 2 fnr';;Ad sp rostrmAtmAps; the prE)perty is In-II Refer to- 2-11 4-2:4- for.;;- -hreakdo-vin I_ thi_Q allov.fable density(i.e., the P,-rnhpr n that utilize gFGURd abseFptmGR wastewater syste.m.s.sh-a" be -30,000 square feet fer paFGe's betweeR 40,000 squaFe fII;;Ad 1 99 . . iRg 19tS tWG aGFeG and gFeatear OA size shall have a Mipi.m.,­Im I-isah-lea let­ f least 40,000 square feet. 7 61 (RB)zoning di6triGt, only the fGHowing types;of uses; shall be cGo.psideri retail n ni.'fa Gt Urine/'Rd ustrial land i-Ise s,i+hin+he RR o rlis+rir•+ 9. A.." app"GatiORS fer a GIJ des*gRat'()R require the approval of a Spedal Use Permit, and the PFGGessiRg Gf the �n A dII within Cen+ien 2 g the review and approval of a rl l r em a. Approval of a rezening petition by the Rnard of GG inty Commissioners and b. The approval aAd issuancGe of a SP813ial Use PeFFnit by the Board of County whinh r•Lides the a al of a site plan fnr+he p ed lanrl See Con+inns 7 G and 7 7 Orange County, North Carolina-Unified Development Ordinance Page 3-73 Article 3: Base Zoning Districts 141 Section 3.8: Conditional Districts Tract size, min. (acres) none Tract Front Setback No requirement f11 from ROW,min. (feet) Tract Side Setback, No requirement[11 min. feet The purpose of the Residential Conditional District(R-CD)is to provide for unified residential developments that accomplish the purposes of applicable regulations to an equivalent or higher degree than where su h regulations are intended to control development on individual lotE, and to promote economical and efficient land use improved level Tract Rear Setback, No requirement f11 of amenities, appropriate and harmonious variety, creative design, and min. feet a tetter environment. The R-CD District is intended to be used for purpose of binding development to a detailed site plan with a list of spEcific conditions that ensure compatibilitV and harmonV with sur-ounding areas. Height, max. (feet) No requirement[11 TM district shall be located in such a manner as to be compatible with Tract Floor Area Ratio, the character of existing development of surrounding properties,thus max No requirement[11 ensuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Th refore when evaluatingan application for this district emphasis Required Open Space Ratio, min. No requirement[11 shz II be given to the location of the proposed development,the rek tionship of the site and site development plan to ad'oining property, an the development itself. Required Livability No requirement[11 Space Ratio, min. DIMENSIONAL STANDARDS NOTES: [11 The R-CD district is intended to allow for flexibilitV in dimensional Required Recreation No requirement[11 sta idards. The overall development will be evaluated to ensure Space Ratio, min. cornpatibilitV with surrounding properties and with the policies and ob'actives of this Ordinance. Specific site development standards can Required Pedestrian/ No requirement[11 be ppproved with the rezonin Landscape Ratio, min. 1. 03pecific ses shall be restricted to those listed as ermitted for the R-CD District in Section 5.2. 2. es shall be limited to those approved b the Board of Count 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. 3. he residential densitV permitted on a given parcel is based on the Watershed Protection OverlaV District in which the propertV 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. A.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 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. evelo ment 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 and spirit of the regulations. or previde^r^,+i„^alternativ that moo++ho intent and spirit of the r ^u d^+innc 7. ithin the Rural Buffer Land Use classification as denoted in the adopted Comprehensive Plan only the following types of Orange County, North Carolina—Unified Development Ordinance Page 3-74 Article 3: Base Zoning Districts 142 Section 3.8: Conditional Districts uses shall be considered for rezoning to R-CD: residential uses, institutional uses and professional services. Under no circumstances shall a R-CD rezoning be approved for a retail or manufacturing/industrial land use within the Rural Buffer Land Use classification. Orange County, North Carolina—Unified Development Ordinance Page 3-75 Article 3: Base Zoning Districts 143 Section 3.8: Conditional Districts Tract size, min. (acres) none Tract Front Setback No requirement 1`11 from ROW, min. (feet) Tract Side Setback,min. feet No requirement 1`11 The purpose of the Non-Residential Conditional District (R-CD) is to provide for unified non-residential developments, which may include residential components, that accomplish the purposes of applicable re ulations to an equivalent or higher degree than where such regulations are intended to control development on individual lots and Tract Rear Setback, to promote economical and efficient land use improved level of No requirement r11 am nities appropriate and harmonious varlet creative design, and a min. feet be er environment. The NR-CD District is intended to be used for purpose of binding development to a detailed site plan with a list of spc cific conditions that ensure compatibility and harmony with sutoundinq areas. Height, max. (feet) No requirement r11 The district shall be located in such a manner as to be compatible with Tract Floor Area Ratio, the character of existing development of surrounding properties,thus max No requirement r11 ensuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Th refore when valuating an application for this district emphasis Required Open Space Ratio, min. No requirement r11 sh II be given to the location of the proposed development,the relE tionship of the site and site development plan to ad'oining propertV, an the development itself. Required Livability No requirement r11 Space Ratio, min. 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'3ctives of this Ordinance. Specific site development standards can Required Pedestrian/ No requirement r11 be opproved with the rezoning. Landscape Ratio, min. 1. otential 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 durinq a rezon.nci hearinqin 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. 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 OverlaV District in which the PropertV 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. 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 and spirit of the regulations. er provide^r^^+,„^alternatives Orange County, North Carolina—Unified Development Ordinance Page 3-76 Article 3: Base Zoning Districts 144 Section 3.8: Conditional Districts 7. Nithin the Rural Buffer Land Use classification as denoted in the adopted Comprehensive Plan only the following types of uses shall be considered for rezoning to NR-CD: residential uses, institutional uses and professional services. Under no circumstances shall a NR-CD rezoning be approved for a retail or manufacturing/industrial land use within the Rural Buffer Land Use classification. Orange County, North Carolina—Unified Development Ordinance Page 3-77 Article 4: Overlay Zoning Districts 145 Section 4.3: Efland-Cheeks Highway 70 Corridor It is the intent of this overlay district to encourage land use patterns will: (1) Protect existing single-family residential land uses, (2) Prote he character of the area, (3) Enhance pro values, (4) Maintain the economi 'abilit d carrying capacity of the corridor, (5) Preserve open vistas nev ossible, (6) Encourage s usinesses to locate ' ppropriate areas, and (7) Conti to promote and provide for the gener elfare of local citizens and erty owners. (E) Standards are established in Section 6.6.1 to allow for the deve ent of additional non-residential land uses within the ECOD in order to maintain and en ce the economic vitality of the area while protecting the less intensive mixture of e ng 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 dal conventional commercial or Existing Commercial-5 (EC-5) zoning districts. 3.3 Non-residential Development Non-residential development within the Highway 70 Corridor shall be limited to the followi and s II 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 Count oning Atlas, nd (B) Alo Highway 70 as depicted on the Orange County Zon' Atlas. 4.3.4 Permitted Uses Within the ECOD, uses of Ian nd structures shall be p fitted as follows: (A) Non-residential develo ent witXthere-designated commercial area shall adhere to the permitted and sped sed forthe Neighborhood Commercial -2 (NC- 2)zoning district as contained tion 5.2 of this Ordinance. (B) Non-residential uses with' he High y 70 Corridor Overlay District, shall be limited to professional office d similar institut al uses and shall abide by the standards contained in this S tion and Section 6.6.1. (C) No more tha 0% of the Highway 70 corridor ou 'de of the pre-designated commer ' areas shall be permitted for non-residen ' uses. (1) is figure shall be calculated by the sum of the stree ontage of lots used for non-residential purposes compared to the total street fron a of all lots on both sides of the roadway outside of the pre-designated commerce areas along the overlay district corridor. (2) The 40% limitation includes non-residential uses conducted within new converted/rehabilitated structures that have a residential appearance. Orange County, North Carolina—Unified Development Ordinance Page 4-12 Article 5: Uses 146 Section 5.1: Establishment of Use Regulations in the future may be included on this list are appropriately handled as Special Uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right. (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Dlanning Beard an,+ the Beard of ro„n+„rommisSioners as apprGpriate,-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) C +ahl' h + f Classes F SpeGial Uses; Authority To Approve or Disapprove tc�cvcwwiv�ui�ei�c o� vwvvco o� vjaccia vses� a-c T rP PP The-re are hereby establishp-d- thp- fellewing classes of Special Uses which shall be /dam_Class A Approved or disapproved by Beard of rnu my (2) Class B -Approvederdisapproved by Beard ef AdjUStM8Rt A n.d'+'. gal l l 76 aT�trArrairivrturvSe s— (A) The Rnorrl of County Corn rn Mindful its responsibility to prno+cer-+�+he pblin health safety anrd g ral welfare of the resi den+o of Orange County unty and (B) The Roam! of f ��enty Ge.,•,miooienero aloe r o that rimertaro uses C� apprepri ate fer.development in orange County but their IGGa+ien and site general zoning dictriot designation and nonyentienal standards (C) Cond-itional Uses and- G-e-nd-itional Use -Distrir--ts are hereby esta;;-hi4shed- and shall be (D) Permitted Uses 0) Any use listed as Permitted by Right or by SpeG,Use Permit on the Table oRenmitted- Uses may be approved as a Gonditin-nal Use�.vithin a Conditional Use Dis+riGt Unless expressly a.nl rle.+ in QeGtinn G 3(E) of this Qrrlinanne that use, a established Wothin this, Qer+ion (E) Ex£ usnons 0) Unless otherwise Roted 'R Sestion 5.2, the fG( uses shall e eensid Bred or approved a a f enrli+ional Use Dis+riGt within the ('ommeFGial_lRd ustrial Transi+ien An+iVitY Nude or Cnnnnmin Development Transition rQtivity Ne de land i,se nlassifina+inns s rleoigna+erl by the arinnterl (`nm nrohonsiVo Dlan• (a) Airports, eneral Aviation, Heliports, cal (b) Class 11 KenRelG, 76 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 Article 5: Uses 147 Section 5.1: Establishment of Use Regulations (C) Cornmeremal Feeder Operation (d) Cernposting Operation with grinding, (e)Gremater*a, M Extra6tin-n ^vf F-=arthnh ProdUGtS, (g) junkyards, /h) Landfills (lessthaR 2 aGFeS), Meat PFGeeSS'Rg aGilit ar (k) Military Installations /nlatienal r_ and Q- ooq-erve 0)Re,,���� _Hotel (Fraternities, o Sororities, �and Dormitnrio (rT') Say nrtil&-, (R) Stables GemmeMial (0) SWGkyards/ LmV8StE)G r-Markets,,-annd (P))Wa�te MaRagement Fa.. Hazard-n-us$ Two (2) AGtiyivity�Ir,�ede er €68rnr"erniG Development rr-aRSFtloR AGtiyiv y Nede the fellowing uses shall not hen sidered a approved a a Genditional Use DistriGt• /h,�) Airports,GG-eneral n"ion crratiGR, Heifperts, C�l--I / )Bus Terminals 8 Garages, (dd) Class 11 Kennels, (e)Gomrner,rdal Feeder ratratien, M Gemposting Operation with grinding, (g) Grematerna, /h) Drm ie in Theaters Extrar-finn DGtS, Farm EgUipMent Rental, Sales and SerV'Ce, /')Peed Moll, /l0) FU rerial Hermes, (m�) Health cera ee SOyer 10,000 square feet, (n) Hesp,tals-, (0))Htel & Motels, /n�)l{nd,I ustriaal, Light, Ind ust ,ustriel, Medium, /r�r)Industrial, Heavy, (G) junkyards, M Landfills (less than 2 aGres), (U) Landfillfills(2 aGFeG orrTmrroore), M Meaty P roeeSS+ng FaGility, Reg;ep aA, Orange County, North Carolina-Unified Development Ordinance Page 5-3 Article 5: Uses 148 Section 5.1: Establishment of Use Regulations (w) Military Installations (National Guard & Reserve Armory), (x) MotorFreight Terminals, (Y) otor Veh a Maintenance R. Repair(Body Shop) W Meter Vehicle Reps Garage, Y (aa) Petroleum P edUGtS: SWrrage & Distribution, (hb) ReseaFGh FaGilIiy, (ss) ResidentfalHetel (Fraternities, Seriesand De mi+„riot (dd) SawR ill&, (ee) Stables, GGMMercial /ff�f) Stockyards r Livestock Markets, (gg) Storage of Goods, Outdoor, (h) Waste A rr nagemeRt FaGility; Hazz-Aid-&-i-is R. TexiG and Wholesale vales. 5-.4-.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) An `AS' indicates the use is permitted subject to the issuance of a Class A Special Use Permit, and (4) '�dr to the ++ bj +h f Glass Sp I Use �� ea�s�r�se�s�er�icc sa,�est�e�ssaa,Tee�r-a-�ass es;ar-Qse Perm lt, (5) tes the use requires theassaaRGe ef a GORdi+i nal Use Permit, and W(4) 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 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 RS R73 LC7 NC2 CC3 GC4 EC5 RM AS El 11 12 13 PID 1 2 1 2 1 2 3 4 5 C C C C -1 150 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF •USES PERMITTED USE A=SUBJECT TO USE STANDARDS DISTRICTS..TIONAL ZONING USE TYPE &EDUCATIONAL FACILITY USES 18. Center in a Residence A A A A A A A A A A A A A A A A 19. Care Facility $ $ $ $ $ $ $ A A A A A A S S S S S S S S S 20. Library 21 Schools: Performing Arts, Sports,and Recreation 22. Schools: Preparatory A- A A A A A A A A A A A A A A A 23 Schools: Technical,Trade,and A A A A A A A A A A A A A A Skill Training — 24. Schools:Universities,Colleges A A A A A A A A A799 A A A A A wr EXTRACTIVE USES 25. Extraction of Earth Products A A A A A A A Government Uses 26. Government Facilities and Office Buildings Except as Identified Herein 26(A). Detention Centers * _ 26(B). Military Installations Manufacturing,Assembly,Processing,and Distribution Uses—Food Manufacturing,Assembly, 27. Processing of Food Products A * * A A _ Except as Identified Herein 78 Correcting an inadvertent error in a 2019 amendment. 79 Correcting error—standards in Section 5.8.3 include standards for EDH-4. 80 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 RB AR R1 R2 R3 R4 R5 R8 R1 3 LC1 NC2 CC3 GC4 EC5 0/ AS El 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RM 1 2 1 2 1 2 3 4 5 C C C C -1 Am..I F..d Preparation, Manufacturing, Packaging'and Distribution Microbrewery Packaging,and Distribution Starch,Vegetable Fats and Oils Manufacturing Tobacco Process' Preparatiz,, on Packag,ng,and Distribution Manufacturing,Assembly,Processing,and Distribution Uses—Other Manufacturing,Assembly,and Processing of Other Non-Food Products Except as Identified Herein TABLE OF PERMITTED USES PERMITTED USE A=SUBJECT TO USE STANDARDS SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE RB AR R1 R2 R3 R4 R5 R8 R1 3 I-Cl NC2 CC3 GC4 EC5 0/ AS El 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RM 1 2 1 2 1 2 3 4 5 C C C C -1 Chemical Manufacturing and Processing—Other than Pharmaceutical IN and Medicine 615�7m n Distribution EMU Preparatio ,and Converted Paper P roduct Manufacturing, Assembly,and IN Processing Firearm Manufacturing and Assembly Leather and Allied P rod uGI: Manufacturing Leather and Hide Tanning and Finishing Metal Fabrication Shop Ammunition Manufacturing, Packagi ng,and Distribution Manufacturing, Assembly and Processing Petroleum and Coal ct Processng Produ eparaton an� P1 Distribution 153 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF •USES PERMITTED USE A=SUBJECT TO USE STANDARDS ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS USE TYPE 28(M) Printing and .az Lithography 28(N) Pulp,Paper,and Paperboard Mills 28(0) Research Facility A with Manufacturing 28(P) Recycling of Materials 28(0). Sawmills 0 A MEDICAL USES 29 Medical Uses Except as 0 A 0 0 Identified Herein - - 29(A). Hospital 29(B). Veterinary Clinic S A* A* A* $ * A A A 29(C). Veterinary Hospital * * * * A OFFICE AND FINANCIAL SERVICES USES 30. Office and Financial Services Except as Identified Herein - - - - - - - - Building/Trade 30(A) Contractors Office 0 with Equipment Storage Yard 82 Correcting an inadvertent error that was part of a 2019 amendment. 83 Correcting an inadvertent error that was part of a 2019 amendment. 84 Correcting an inadvertent error that was part of the 2019 amendment-standards in Section 5.17.1 does not include the GC-4 district. 85 Correcting an inadvertent error that was part of the 2019 amendment-standards in Section 5.17.3 do not apply to these zoning districts. 86 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 TABLE OF PERMITTED USES =PERMITTED USE A=SUBJECT TO USE STANDARDS = SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 0/ AS El 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RM 1 2 1 2 1 2 3 4 5 C C C C -1 Im ManufacturingResearch Facility— Without RECREATIONAL USES Botanical Gardens& Golf ■■■■■■■■■■�mm■m■■■■■■©■■■■■■■■■■■■■■ Arboretums ® � � - o000000000000■0■■000■■■■■■■■■■■�■■�� ® _ ..............................o..... ® -Ranges .................................o.. . . . ...........................00....... 155 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF •USES PERMITTED USE A=SUBJECT TO USE STANDARDS ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS USE TYPE 45. Group Care Facility 9 9 9 a S R R a a a as SBS 9S BS 9S 0 0 S S S S S S S S S S - S - - 46. Group Home a a a B B a a S S S S S S S S S S S BS 13- 47 Health and Personal Care A A A A A A A A A A A Facility - - 48. Recreational Vehicle 49. Rooming House * * 50. Temporary Use of Residential A A A A A A A a s Seo A S11 A A o A A Mobile Unit - - - AUTOMOTivEITRANSPORTATION USES Airports,General Aviation, 51. Heliports,S.T.O.I. A A 52 Bus and Rail Passenger * * * * * * * * * , Shelter - - 53. Bus Terminals&Garage $ 54. Motor Freight Terminal A* A* A* A. A* A* A* _ 55. Motor Vehicle:Maintenance A* A* A* 56. Motor Vehicle:Repair A* A* _ 57. Motor Vehicle:Sales/Rental A A 0 o A A o 0 0 A o A 58. Motor Vehicle Service A A A A* A 59. Parking * _ 60. Postal&Parcel Delivery Service * _ 90 Correcting a long-standing error in the Table of Permitted Uses;the EDB-2 development standards(Article 3 chart for EDB-2,#7)currently allows for this use with the issuance of a Class B SUP. 91 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. 92 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. 93 The revisions for this use correction an inadvertent error in amendments made in 2019. 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 RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/ AS El 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RM 1 2 1 2 1 2 3 4 5 C C C C -1 157 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF •USES PERMITTED USE A=SUBJECT TO USE STANDARDS ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS USE TYPE 62(L). Junkyard/Salvage A A A A Yard 62(M). Kennel Class II $ $ $ BS B as BS A A S S S S - S - Petroleum Product 62(N). Storage And Distribution 62(0). Sexually Oriented A A Businesses 62(P). Storage of Goods A A A A A A A A A _ 62(0). Taxidermy S A A A A A A _ TELECOMMUNICATION USES 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 feet or shorter) - Telecommunication Tower B B B $ $ B B B B $ $ B B $ $ B 64. (Over 75 feet to less than 200 BS BS BS BS BS BS BS 63 SS *A t A A A feet in height) S S S S S S S S S S - S - - S S S S S - - - 65. Telecommunication Tower(200 A A A A A A A A A A A A A A A A A A A A A A A A A A feet and higher) I d I - 66. Ham Radio Towers A A A A 0 A A A 4 UTILITIES98 B B B B B B B B B B B B B B B 67. Elevated Water Storage Tanks BS BS BS BS BS JA tA aS A- A- A A S S S S S S S S S S S - - S S S S -Public Utility Stations&Sub- 68 Stations,Switching Stations, fl A fl A A A A fl fl fl fl A A fl A A R A fl fl A A fl fl �- A- A Telephone Exchanges,Water& - - - Sewage Treatment Plants Electric,Gas,and Liquid Fuel B a a B B a a a B B @ a B B B 69. BS BS BS BS BS BS B- A- A' A A Transmission Lines S S S S S S S S S S - S - - S S S S - - 97 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. 98 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 RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/ AS El 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- RM 1 2 1 2 1 2 3 4 5 C C C C -1 Water&Sanitary Sewer Pumping Stations Solar Array—Large Facility WASTE MANAGEMENT USES Waste Management Facility Wholesale Trade Uses EWholesale Trade tasembly Uses" .. Lodge MM NEE■■■MEMM■E■■■■■■E■E■■■■■■ME■man Community Center Place of Worship0000000000000000�000�0000�����00�0�� TABLE OF PERMITTED USES *=PERMITTED USE A=SUBJECT TO USE STANDARDS = SPECIAL USE ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL USE TYPE RB AR R1 R2 R3 R4 RS R8 R13 LC1 NC2 CC3 GC4 ECS �� AS EI I 1 12 13 plp EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- 159 Article 5: Uses Section 5.2:Table of Permitted Uses RM 84. Theater M A A A A± At A± A a Miscellaneous Uses ® •.esearch• . Lands ..., ........■.. 100 Section 5.18.6 does not contain use standards forthe GC-4 zoning district. Given the restrictiveness ofthe standards(limited to 00 patrons per performance),staff believes having the A symbol in GC-4 was an inadvertent error when amendments were adopted in 2019 • - Development Article 5: Uses 160 Section 5.3:Application of Use Standards SECTION • OF DARD 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 5.47-22 establish additional standards for specific Permitted Uses, Special Uses, GGnditiGRal Uses, and uses permitted in Conditional ZGRiRg 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 Ream- of Ge unty Commissioners or Board of Adjustment shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. (B) Specific Standards In addition to the general standards stated in Section 5.3.2(A), the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit: (1) Method and adequacy of provision of sewage disposal facilities, solid waste, and water. (2) Method and adequacy of police, fire and rescue squad protection. (3) Method and adequacy of vehicular access to the site and traffic conditions around the site. (4) Other use specific standards as set forth herein. PSnes+fn Standards n r Class Spes,ial Use Permits Within 4i11s-be�e nh EDD101 standards shall be addressed by the appliGant before the 'ss6ianr--.P- A-f A- Class A S198GOal Use Permit w'thin the l..lillsbere gh EGE)nr,miG DeyE l . QioI iG 101 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 Article 5: Uses 161 Section 5.3:Application of Use Standards General Provisions 1 (a�Y-hms ser+�._tmon_cn establis1-ins-criteria-pertaining to appearance in the design off a site, buildings and structures, landscaping, andscca -.ggnj and l� --other "�� miscellaaReol is features that rd by the public. /h1 + + ' + rded t0 Str'Et' a#inn cation �� et+c cratene-are r��er�a �-re � �;; , �^ , oty, but rather+e assist OR fosUs'ng on rdes'gn PFORGiples which r ..I+ 0R Creative 60n1i�TSthat will promote visual appearance within r the Gty and c URty preserve taxable values a n p nd mete the public health e , safety and welfare (2) General Design Standards /ateHarmenmous and efficient organization /i The_site_pla� shall Fr�_be organized rize harmoniously � rmann'n sly and effinien+ly n relation to existing topography, the size and tripe of plot the character of adjoining property, and the tripe and size of buildings. The site will be to fac'li+ate orderly deyelopme t surrounding p erfii and with minimal disturbance to the natural enyorenme + ernr. /h1 Dreseryatien of natural state Desirable vegetation e r ether UROqAe natural Teah-wes shall pe preserved 'n their natural state when p ac#'cal The Enymronmental Dretectmen Doman shall 'nclude the Incat'nnc f all ex'st'ng trees 1-2" diameter feet abode the grog�nrt /c�v)€nh_;;ncernent or of residential privacy The site plan shall preyirde reasonable visual, lighting i s and sonit privacy i i for all adjacent dwelling n'ts ' (d) Emergency accesS StrUG gyres and other site features shall he arranged topermit p ac#inal emergent\/veh'cle a s +o all sides of hu'Irdinns (e) AccesS tG nc ways and dwelling + all have #o public +r + �ey�str�c�ure-a„G- , -er;:r �access� s�,eet, walkway er other area rderd'Ga+erd to GGrnrnGR use. /f) Non motermaed GOFG611atiOR �A non-Mote-FiZed GirGUlation systern shallq�p"yi- G{� 'ch is rdirec# effinienandan pleasant r• •`^ Te systernshall he complementary To, but dependent or )fmc �iehic�Jar c'rG latien system (g) Design Ofvraccess n_ egress` rides` 9 The� oatiiornr size, and numbers of ingress and egress drives to a site will he s#r'G+ly limiter! to minimize the negative impacts o public streets and--con-adjacent ppreperty. This shall inGII Irde formal en+r�ways and access+e eutparGeds from inside the rdeVedopment only /h) Geerrd'na+'en with off_site-EH"cUI,atiG ` SysteMS The arrangement or v rights of way or easements; r circa ilatinn shall coordinate with the pattern of existing and planned streets pedestrian and/or bicycle pathways and transit reutes On the ' area Orange County, North Carolina-Unified Development Ordinance Page 5-17 Article 5: Uses 162 Section 5.3:Application of Use Standards Connection to adjacent propertied encouraged Ana_oo.�_�ehore possible.!'1 Storrnwater control y PFGtBGtmV8 measures shall_�._r�nsure that removal of sto-m�n,rrvvcrc�._r�tor r--noff Will not adversely affect n ghbering p erties er the p��blic storm ddrainage s ,stem Pc�vrTrTa.Sv�r. Provisions shall be mono for of stermwater facilities 0RGI adding grading gutters, and piping to direct s+ermwater and prevent e ,r,fQee�+er�II paved he cenIIested-at s Exterior lighting The location type size and direction of exterior lighting shall not ca ce aglare or direct illumination that interferes with adjacent properties or safety of public rights_of_way. (k) PrOteGtion of property values Elements of a site plan shall he arranged to have rniniMUM negative impact OR values of adioiping property and other OR site (3) S AeGifiG Standards (a) Un;essothherwise MiGated herein, the refevaRt standards fms,-the spesi#i_ 1-nonomid• Development 7ening Districts shall apply. (bb) Where aGtiens, designs, GF Se'UtOGRS proposed by the appRea„t area the Reard of County('nmmiccinp erc makes a finding in the partiGular Gage that public P irpnSec are satisfied- to an equivalent or greater degree Roard- of County Comm issone-s may make cpecifiG dification of the regulation h i``I''a��r����c``^^ase. Any med-ification of regulatiens shall be explicitly indinated in the approved permit. (G)ReiatiGRship of buildings te site The site-shall he lapped to prev'dd fer adequate planting safe pedestrian m ent and parking areas. �arking hall he treated with dJ r t'ye elements building ,,�„,e areas sue„ �reazedQese,a�, ZIT �JQTiQTTTg ,all extepsions plantings berms o ether in ,a+iye m eaRS SG as to screen parking areas from view,from pi ibdic ways and redur__e he—at generated by paved areas. Withn�eGtFictingg t#ep GGibrek Ii�itsef the applicable zoning district the height and scale of each hi lilting shall he compatible s�e,ith it ;site and evicting o anticipated adjoining buildings. \�All Utility eerVOces shall he underground. inrl !d1 Relationship of buildings and site to adieining areas Attrae#ave IandSGape transitiOR to ad-iGin properties shalle provided. L ting ' +e♦-lsit t the erty line diaGGRt W residential uses trT-� T3^ti"�'nc ���P �rCacrJu shall net he greater tI% ootGandJif_Q. (e)B61es+9R Orange County, North Carolina—Unified Development Ordinance Page 5-18 Article 5: Uses 163 Section 5.3:Application of Use Standards /i Architectural style is not restricted. Evaluation vrnn of the appearance of a project shall he based on its relationship to the `"YY "' surroundings Primary and pedestrian facades are encouraged #e c plemen+ and reflect the characteristics of. Spes' .s g_materiaTls-are�# endorsed. Evaluation ofappearaRGe the of a p ect shall he hooed on the relationship to surreund'n T a Materials and design shall he c pa#jhle with each ether jn multiple building projects b ' ter'ols shaFll�.l be Alec#er�_�_��a_�ofnr-"itnhhrr tz inn the type of buildings and the design in which they are used. I ItmMarjan materials shall he Ijmjted to jncnns facades and non_public or service areas C. Matermals w0th unique or special character are enGOUraged. 1�Bw'lddiRgs and building GOMpenents, SUGh a walls, dew s� noPs-, doers eaves, red parapets, shall have human p per+jons and rely#ienships to aRe nether Mechanical a en+er other utility hardware en the reef, 1T° ground, or buildings shall he ned from p,,hlic view with rrdtater�ui armnnnous% 4th the building n�,shal�eso a#ed-asnot to visible from any pub'jc ways. This provision does not apply to the installation of eler--trig- P-harging stations vmzrvrrr. ( ))€xTernr�htiRg shall be part of the architecfi iral concept. Foxtures standards and all exposed aGGesseries shall he harmenie6,s w0th building desire n. (c;) RceGyGling and=waste emeyal areas, ser-e ards, storage yards, and extcrier work areas shall he located away from and sp-reereed from v w from p,,hlic ways, Rg materials a stated in c-riteria fer equipment screeRiRg. Areas shall be sized to annnmmndate cha noes in tech nningv and local ref,ice ordinances vramunvcsr. (vi) Variationof detail ferm' material, andd siting �be asedd too pr visual interest In multiple h,iildiRg ejects yAriahle siting of ipdiyid„al buildings may he used to preVent a mnnntnnn,is appearance /f) LanddSGaping and Site Treat Tent Landscape elements included in these criteria c is+of all forms of planting and etatjen nd forms ocL g later pa#+erns d II le t buildings d Utility , AI aria-a.r�sib,�eenstr�c�+orr-e�eep�::.a„,gs�r�n�stFUGures. eav and existing geta+ien shall hemaintained } in a fleurjshjng manner. Natural or-exist�tope�p�-pQ}ttern.c-; r--ontributing to the beauty and utility of a development shall he preserved and developed. to topography will be permitted where con#rihi,#es to good appearonne and does not adve rsehi affect s'gnifican# nat„ral feat, yes and drainageways Grades of walks, parkinnggSpaaGees terraces and ether paved areas shall provide a �iifin red stable appearaR �� Y Orange County, North Carolina-Unified Development Ordinance Page 5-19 Article 5: Uses 164 Section 5.4: Standards for Temporary Uses Landscape treatment shall be royided to enhance architectural feat Tres strengthen vistas and important visual corridors and provide share NTv-'-'c"-`T'-'vcr� Unity of de shall be Ghieved by r eti+inn f Eer+ain Ion �r's+gT �a r by �r n varieties anrd other materials and by nnrreda+ion with adjanen+ rdevednpmen+s (y) Plant material shall-he ed�fA-.r its struC-AUrre texture, aRu Eelnr f�nr in+te�M-SM a.n ultimate n ,ehh. Use A-f Rativ plants plants is a erd• others that will he hardy, harmonious y to the resign and of�good appearance can he allowed (yi) Appropriate curbs, tree guards or other devices_shalFll_be employed to protect plants susceptible to injury by pedestrian or motor traffic. ���vcvr- (vii) Pang-areas apd trays E;h I�Qe enhA-.nved with landscaped spares containing trees or tree groupings. /"iiil d d +h tdv lane shall be by �,r� e�ee�-a;�s�„a--�,Ter� ��s-��ssreefa by use of walls fencing and/or planting (9) Signs Every-sign shall have a ia+e scale and n pnr+inn in i+a desigp and in its al relationship+e buildings and surrrroeunandiRRgro. A 'a'rnified s�g-Rage plan shall he submitted and approved with the Special Use Permit Every sign shall he designedas integral arnh,i:te6t�rai elelxeRzt of the hi hiding and the site to which it principally relates The GGlers materials and lighting of every n shall hQ lv rm nnini is yVi+h the building and site to which it principally relates. The Rumb o � is sign shall he he +e the er elei�eRT�-error- +o ey the sign' d hall R�IiRiMum r<ee �Ee„=P� ����s-� message�„�s„� be nr+ion to thetotal f the fare se„Tpese rarea�t �„��. /a,� FreestandiRg-Sig s shall t he pele1moQnted(hh) MainteRanGe, planniRg nd des�TaEt(3rs �Materm-;;Is and fiinrishes shall be selente�rfer their durability and an e9a.rar asp ie—lral as or their beauty. Proper measures and deyones shall he innnrperated for prntectien against the elements RegTeet, doge, and as pkisse. �,P�-, yis�n for r e-aninng cgs and str in� ni es and nnntr of dirt Gnn t- refuse. sYh;" i veir nnrviaaed in the Configurations that tend to a u late debris and dirt shall he avoid SEC'NON 5A STANDARDS FOR • . 5.4.1 Yard Sale (A) Standards of Evalu (1) Yard sales are permitte cc ce with the Table of Permitted Uses provided that sales do not excee s per month. 5.4.2 Temporar Raising Activity (A) Standards of Evaluation Orange County, North Carolina—Unified Development Ordinance Page 5-20 Article 5: Uses 165 Section 5.5: Standards for Residential Uses been constructed to meet building code requirem s applicable to a residential accessory structure, d must have been in existence for at least 36 month . (iv) Use of Outdoor Storage a. Up to 500 square feet of outdoor sto ge area may be permitted only in the RB, AR and -1 zoning districts provided that it: i. Is clearly defined o the site plan and on the ground. ii. Is located a east 40 feet from any lot line or road righ f-way; and iii. Is tot y screened from the view from the road n from adjacent property in the same manner s . required for accessory buildings. (c) Major Home Occup ons (i) General perations The llowing requirements app to major home occupations: Major home occupations sh be permitted only in the AR and R-1 zoning districts. b. All major home occupations shall b ocated on parcels at least five acres in size. C. The owner or operator of the home occupa ' n must live in a residence located on the same zoning lot s the home occupation. Up to six permanent and/or to orary nonresident employees may be permitted onsite at y 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 Article 5: Uses 166 Section 5.5: Standards for Residential Uses e. Major home occupations located on shared priv roadways shall be required to submit a privat oad maintenance agreement prior to approval. (iii Use of Accessory Structures a. An accessory building containing u to 2,500 square feet may be utilized, with the approv of a major home occupation, on tracts totaling ' e to ten acres in size. An accessory building containi g up to 3,000 square feet be utilized, with the pproval of a major home occ ation, on with eater than ten acres in size. b. All acce ory stru ures shall be built with materials not incompatib w' a residential accessory structure. C. Setback st d s for all accessory structures shall be determi d with t approved Special Use Permit and in no ca be less than 0 feet from all property lines. d. T accessory structure ust be screened from view of e road and adjacent prop y by a densely planted evergreen hedge of shrubs or es. In lieu of an evergreen hedge, a six foot stoc de fence and deciduous vegetation planted on th utside of the fence may be used for screening purposes. reening will not be required when: i. The accessory structure is located 8 et or more from all property lines; or ii. Existing vegetation provides suitable screens 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 5.5.43.A(2)(ec)(iii)a 102 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. 102 Correct reference. Orange County, North Carolina—Unified Development Ordinance Page 5-27 Article 5: Uses 167 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-GZCD (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 dry in machines for domestic laundry, sanitation, rest rooms, storage, ve ing machines, and other similar services provided by the facility for e use and convenience of the home park tenants. (c) Recreation buildings/facilities and areas serving only the me Park in which they are located. (d) Customary accessory buildings and facilities necess ry for operation of the Home Park in which they are located. (e Storage buildings for individual Home Park Sp ces and intended for the exclusive use of the Home Park Space occ ants shall be permitted. uch accessory structures shall meet re fired setbacks from adjacent st ctures. (f) Fence communal storage areas vided by the park operator for boats, ca pers, and other acces ory vehicles belonging to park residents. (g) Sales of mobile omes an r Temporary Residential Units already located on approv an stablished Home Park Spaces. (2) Home Park Space Require is (a) A Home Park sh be diva d into individual Home Park Spaces, each Home Park Sp ce having an rea and width consistent with Section 3.8. The Orange ounty Health De rtment may increase the minimum area requireme s for the park and/or i ividual Home Park Spaces where necess y to be consistent with grou dwater resources and/or the limit ons of providing sewage disposa ystems for the proposed home pa (b) my one mobile home or Temporary Residen i I Unit and its customary accessory buildings may be located within any me Park Space at one time. Additional Efficiency Units or Temporary Res ential Units shall not be permitted within an occupied Home Park Space. (c) The location of each Home Park Space must be at an ele tion, distance and angle in relation to the adjacent access drive or street s h that placement and removal of the mobile home or Temporary Resi ntial Unit is practical by means of customary moving equipment. (d) The surface of each Home Park Space and the area around it shall b graded where necessary to provide proper drainage and prevent the accumulation of water. Orange County, North Carolina—Unified Development Ordinance Page 5-28 Article 5: Uses 168 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-sac-S 03 shall have a paved turnaround radius of 45 feet with a right of way radius of 55 feet. (j) 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--weather10104 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-sacs1005 shall have 'Dead End' street signs erected at the entrance to such streets. 103 Correct grammar error. 104 Correct grammar error. 105 Correct grammar error. Orange County, North Carolina—Unified Development Ordinance Page 5-30 Article 5: Uses 169 Section 5.5: Standards for Residential Uses (7) Street Names, Signs &Addressing (a All street names shall be approved by the Orange Count lanning Department and Land Records staff. (b) Str t signs shall be located and constructed to range County standa s and shall be installed outside the ' t-of-way at all intersectio (c) Each applicant II submit to the P nning Department and Land Records for approv space a ressing system consistent with the Orange County Addres ' dinance. Upon approval of the home park, the applicant shall subm' pproved copy of the addressing plan to the emergency services/ ' e protec ' agency responsible for providing such services. (d) Each space all have a permanent ad s sign erected in accordance with the range County Addressing Ordinan (8) Grounds d Buildings (a) The grounds shall be maintained free of litter, debris an rash, including but not limited to abandoned appliances, automobiles, buil materials or similar materials. (b) Grounds, buildings and storage areas shall be maintained to prevent e growth of ragweed, poison ivy, poison oak and other noxious weeds. (9) Mail Facilities (a) Within each HP-SZ-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-GZ-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 Article 5: Uses 170 Section 5.5: Standards for Residential Uses (b) home may be�placed on a permanent support syste esired. If a solid c to onry perimeter foundati sed, the exterior covering materia of extend bel e top of the foundation. (6) Temporary mobile homes instal acco e with the Table of Permitted Uses are exempt from upport system requireme tablished in Subsections d (5) above. However, skirting is required a mobile ho st 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 B 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 ClassBSpecial 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 Article 5: Uses 171 Section 5.6: Standards for Service Uses Multi-family uses are permitted in the EDH-3 and EDH-4 zoning dist i s only in accordance with the following standards: (a) The site plan must identify the square footage o ch building by type of use. (b) ermitted Principal Use must be a lished on at least 50% of the total are footage of structur n the site. (c) Multi-family Ilings sh not exceed 25% of the total square footage of all structures on t . e. SECTIONSTANDARDS 5.6.1 Service Uses (A) Stand s for the LC-1, NC-2, and EC-5 Zoning Distri (1) Shall be limited to no more than 12,000 sq.ft. of building area. 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 of property. 5.6.2 Cemetery (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit efor Conditional District (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 nnoG=Conditional Zening Districts. 5.6.4 Funeral Homes (A) Use Standards 0) Shall notbepermi�atorl as a Gonrtifionol Use DiSt�T Refer tooer4ien 5. 1 3 of this C)rd*nanGe Orange County, North Carolina—Unified Development Ordinance Page 5-36 Article 5: Uses 172 Section 5.6: Standards for Service Uses {2 M On-site Crematoria shall only be permitted within the 1-1 and 1-2 Zoning Districts. 5 Garden Center (A) Use Standards 1) Rental of moving vehicles shall be permitted as a customary access use. (B) ndards of Evaluation (1) Ou or display and storage of goods will be permitted (2) Outdoor s age of bulk goods shall be located t e rear or side of the primary building and ened on three sides by an i t foot high opaque wall or fence. (3) Outdoor storage for goods shall imited to 1,500 square feet per acre of the zoning lot. 5.6.6 Massage Business (A) Standards for Evalu on (1) Must com with the Ordinance for the Control assage and Massage Establ' ments (2) a submittal of construction plans for all existing and prop ed buildings housing the massage business. The construction plans shall in de floor plans and cross sections showing the proposed use of all portions of such ildings. (3) For existing buildings, certification by the Orange County Building Inspect o at the structure(s)complies with the North Carolina Building Code and all related construction codes. 5.6.7 Junkyards/Salvage Yards (A) Use Standards 0)Shall not be permitted as a G enditie­naal _Dmst-ir+ Refer to Cor+inn 5 1 3 of this QrdiRaRG8. (B)(A) Submittal Requirements and Standards of Evaluation for Class a Special Use RerrnitNR-CD District (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 th rage of junked or wrecked motor vehicles. (2) Standards valuation (a) The site shall reened fro jacent property by a minimum of an eight foot high solid fe r equal, uninterrupted except for required vehicle access . S. (b) No m als shall be stored closer than t to the public right of way 0 feet to the property lines. c) Site is of adequate size to protect adjacent properties from a se effects of the junkyard. Orange County, North Carolina—Unified Development Ordinance Page 5-37 Article 5: Uses 173 Section 5.6: Standards for Service Uses 5.6.8 Kennels (Class II) (A) Use Standards C /`_)ShallFr not hpnt ep T8dZ"rv-c"rvvna'rtional Use District. Refer to Coo--v ctio 5.1-3 of its Ordinance. (2)M 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) 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 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 structure on the same lot, and structures on adjacent property. (2 Standards of Evaluation (a) The site is of adequate size to protect adjacent properties fr adverse effects of the kennel. (b) No part of any building, structure, dog run, pen, or exe ise yard in which animals are housed or exercised shall be closer tha 150 feet from a operty line, except property occupied by the ow r/operator of the ke el. (i) The 150 foot setback established b is section shall not apply if a ortions of the facility, in whic nimals are housed, are wh enclosed within a buildi (ii) For Cla II Kennels develo ed within the EDE-2 zoning district, this setba shall not app to dog training activities where each dog is unde a imme 'ate control of its trainer, owner, or other responsible in ' idu . (iii) For Class II Ken developed within the EDE-2 zoning district, all buildings, s ctur , dog runs, pens, or exercise yards in which anim are hous d or exercised shall observe the principal tbacks establi ed within Section 3.7 of the UDO in those i tances where the p erty abuts other EDE-2 zoned prop y and US Highway 70. (c) Any kenn , including primary enclosures o runs, which is not wholly enclos within a building shall be enclosed a security fence at least six f t in height. (d) T e site plan shows parking, access areas and scr ning devices for all uildings and animal boarding facilities existing or pro sed for the property. ( The site plan shall be reviewed by the Orange County Anim Services Department, and found in conformance with the Animal Contro Ordinance. (f) Building plans for all kennel facilities shall be reviewed and approve y the Orange County Animal Services Department prior to issuance of an building permits. Orange County, North Carolina-Unified Development Ordinance Page 5-38 Article 5: Uses 174 Section 5.6: Standards for Service Uses A Description of the proposed use(s)of the site and the buildings thereo , including the following: Amount of area allocated to each use. (b) Number of full and part time employees. (c) ber of clients and/or occupants expected use the facility. (d) Propo d hours of operation for non-resi ntial uses of the site and within bui 'ngs thereon. (3) Building plans for all e i ting or propose tructures to include floor plans, elevations, and sections s wing rest ation/rehabilitation proposed. (4) Landscape plan, at the same s as the site plan, showing existing or proposed trees, shrubs, ground cover a o r landscape materials. (5) Statement from the appr riate public rvice agencies concerning the method and adequacy of wait, ait supply and waste ter treatment for the proposed uses including any prop ed eating establishment. (6) Statement fro the appropriate public service age ies concerning the provision of fire, pol' and rescue protection to the site and str tures. (7) The posed development schedule for the site. (8) plicants requesting a full or partial waiver of the right-of-way d use buffer shall submit evidence that the property is listed on the National His ric Register or recognized by the State of North Carolina or the County of Orange 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 SpeGial Use Per w.;+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 the proposed use(s). (4) rnal vehicular and pedestrian circulation is adequate for proposed use(s). (5) Buildin ans for all building areas intended for publi a shall be reviewed and approved by Fire Marshal and Building or ' ns Division prior to issuance of any Certificate Occupancy. (6) In those cases where a ificate of upancy is not required, the applicant shall schedule a site inspectio i e Fire Marshal and Building Inspections Division and submit documen ion site approval to the Planning Department prior to commencing ope on. (7) The applicant shall a permitted to construct on ign not to exceed 16 square feet in size. S identifying signs shall be installe ' h landscaping around the base. All ' urination shall be installed as ground lighting revent night-time glare (8) n-site parking shall be provided in accordance with Sections 6.9 of 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 Article 5: Uses 175 Section 5.6: Standards for Service Uses (9) The site shall meet the landscaping and buffer requirements esta ' ed in Se 6.8 of this Ordinance. However, property recogniz y the state c the county a istoric site, or as containing a significant ' oric structure, shall receive a full or ial waiver of the road-front I use buffer to maintain the historic character of t ite and the traditi view of the house from the roadside. (10) The applicant shall be res i le for 'sfying all review and permitting requirements of other lic agencies, inclu but not limited to NCDOT driveway permi . (11) Outdo vents (e.g. weddings, receptions, parties) or simi ctivities ucted for compensation shall be permitted, only if there is su ' ' nt overflow parking available on site. Overflow parking does not have to be paved o graveled but must be on a suitable (even) surface. .6 11 Shart Term RentalNon Host QGGupied (A) Use ras 0) Shall not ho permitted as a G enditien�l Use Diist-ir+ Refer to Cor+inn 5 1 3 of this Ordonanno 5.6.125.6.11 Storage of Goods (A) Use Standards Standards for the NC-2 and EC-5 Zoning Districts a) Shall be limited to no more than 12,000 sq.ft. of b 'ding area. (b) Outdoor storage shall be prohibited. (2) Standar or the GC-4 and O/RM Zoning Di icts (a) Shall be ' ited to no more than 2 , 00 sq.ft. of building area. (b) Outdoor stora shall be per fitted subject to the following: (i) Shall be set 0 ft. from all property lines. (ii) Shall be losed a fence a minimum of 8 ft. in height. (iii) Shal a screened by a e B land use buffer as detailed in ction 6.8 of this Ordinance. (3) Standards 1-1, 1-2, 1-3, EDB-1 and EDE-1 Zoni Districts (a) utdoor storage areas shall be permitted subject he following: (i) Shall be setback 50 ft. from all property lines. (ii) Shall be enclosed by a fence a minimum of 8 ft. in hei (iii) Shall be screened by a Type B land use buffer as detailed in Section 6.8 of this Ordinance. 5.6.135.6.12 Taxidermy (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 for Class B Special Use Permit (1) Enterprises located in an AR zoning district must be located on a bona fide farm. (2) If located adjacent to residentially zoned property, all buildings, structures, Orange County, North Carolina-Unified Development Ordinance Page 5-42 Article 5: Uses 176 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. 5.6.145.6.13 Sexually Oriented Businesses (A) Submittal Requirements (1) In addition to the site plan submittal criteria detailed within Section 2.5 of t is Ordinance the applicant shall submit proof a license has been issued all wing for the operation of a sexually oriented business in accordance with Cha er 8 of the Orange County Code of Ordinances. (B) Standards of Evaluation (1) Sexually oriented business(es) shall not be located in any buil ing, or portion thereof, that is: ( Within 1,000 feet of an existing sexually oriented usiness. (b) Within 1,000 feet of a: (i) Residential land use including any pen space established as part of the residential subdivisio pproval process, (ii) Church and/or place of worsh" , (iii) School (public, private, or ecialty), (iv) blic or private library, (v) Sta licensed child re facility, or (vi) Public ark or rec ational facility. (c) Measurement sh I be ade in a straight line, without regard to the intervening structur or objects, from the nearest portion of the building or structure used a e part of the premises where a sexually oriented business is cond ted the nearest portion of a building, structure, or open space ar of a us listed above. STANDARDSSECTION 5.7: . 5.7.1 Recreational Uses as Access y Uses (A) Use Standards esidential Land Uses In addition to the r quirements contained within this O inance, recreational uses developed as a accessory use to a residence shall abi by the following: (1) Gen al Standards ( Accessory recreational uses shall not be ope to the public or serve as a recreation amenity for other lots. (b) Amenities, equipment, and/or facilities intended fo spectators such as bleachers or public address systems shall not be pe itted. (c) Outdoor sports field lighting, as detailed within Section .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 10 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 Article 5: Uses 177 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 regulatin unting activities or the operation of a shooting range developed r, and exclusively utilized by, local, State, and/or Federal law nforcement agencies. (e) Nothing in Section 5.7.2 (B) shall be construed regulating or ohibiting: (i) Hunting activities or the operation f a shooting range developed or, and exclusively utilized by, cal, State, and/or Federal law e orcement agencies. (ii) The h ding of turkey sho s or other similar activities conducted as a fun is or corn unity event so long as such activities occur no m e than ree days in a given calendar year on a parcel of prop ty (iii) The incidenta is rge of a firearm, the discharge of a firearm in self-defe e, or en ging in target shooting activities on a parcel of roperty no mo than 2 days in a given month. (2) Outdoor Paintball (a) Areas wh e outdoor paintball activities o cur shall be a minimum of 50 feet fro all property lines, street rights-of- , or access easements. (b) A T pe B land use buffer, as detailed in Section 8, shall be required ound the perimeter of the portion of property whe outdoor paintball activity occurs. (3) Pi and Putt Courses a) Pitch and putt areas shall be located a minimum of 40 feet fro 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 require around the perimeter of the portion of property where pitch and putt course activity occurs. (C) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following infor ion shall be supplied as part of the application for approval of this use: (a) A description of the exact type facility planned, the ount of area, including and number of members or participa expected, a site plan owing siting and size of existing and pro sed building. (b) Access, rking, service and recre ' n areas for all planned facilities or existing faci i (c) Plans, and elevation proposed and existing structures and descriptions of the or an ture of all exterior materials. (d) A landscap an showing, at the sa scale as the site plan, existing and pro sed trees, shrubs, ground cover any other landscape m ials. (e) A signed statement from the owners or operators that the all be no activity allowed that will have adverse effects on adjacent prope 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 Article 5: Uses 178 Section 5.7: Standards for Recreational Uses (2) Standards of Evaluation (a The property shall have direct frontage on, and obtain veh' ar access om, a public road. (b) Lot si shall be adequate for the method of se ge disposal proposed, and for th roposed recreational uses. (c) The site plan sh d show the bound i s of the site, the distances to the nearest residential s tures, pro sed or existing access points, parking and service area , o ion of outdoor recreational facilities, and location of existing or pro s buildings. (d) The landscape pla all be at the a scale as the site plan and should show h the facilities will be sc ned from the adjacent propertiA�sadition to proposed or existin ees, shrubs and ground cover. (e) vations of all structures and buildings. The structure all be of such a nature as to preserve the residential character of the area. There are no adverse impacts on the adjacent roads or residentia property. 5.7.3 Golf-Driving and Practice Range (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing the following: (i) All existing or proposed buildings, tee areas, lawn a as, (ii) Distances to nearest residential structures, "i) Access road(s)to the site, with an indicati of type of proposed surface; (iv) -site parking and roads, with an ' dication of type of proposed su e; and (v) All other quirements as i icated in section 2.5. (2) Standards of Evaluation (a) Unless public sewer is pr ed to be extended, the adequacy for the method of sewage dis sal wi a determined by the lot size and soil suitability. Appropr. e letters fro he Orange County Environmental Health Departm t, local jurisdictions d/or the State Division of Environment Management shall be sub itted to indicate preliminary approval. (b) The I dscape plan shall show how the facilities 'I be screened from th adjacent properties. A Type D 50 foot buffer, as icated in Section .8, shall be observed around the perimeter of the prop e This buffer shall be located outside of the required dimensional area in ated 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 Article 5: Uses 179 Section 5.7: Standards for Recreational Uses (d) of a range along the driving axis sh ess than 350 yards measur the location ees and the breadth not less than 200 yards at a ' 350 yards from the tees. (e) o customers shall be halted at hting 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 GA—n it;e.,-A.l Use DiStrir+ or Conditional Zening District. (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 approvals prior to [date of .,., OGR fer this eR dYr,o.,+11 In accordance with Section 'zT.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 Section2.7.32.7.14 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 Article 5: Uses 180 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 Planning 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 may be required. In lieu of the criteria established in Section 2.9.2-1(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 Sp-eG4kv-&c itconditions or&, b&tant;al-expansion of an approved use (iv) An increase by 25,14 or mGr- 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; NO Sub&tantia-eChanges 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 2.79, 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 Article 5: Uses 181 Section 5.7: Standards for Recreational Uses As part of the Resources Management Plan, the applicant shall submit a to blish best management practices (BMP's)for the golf course and main ance facilities which shall include the following: (a) ISO potential contaminants from the soil and w r during delivery, storage use of such contaminants at the f course; (b) Fertilizer stora rea shall be covere (c) Washing of maintenan equi nt shall occur in an area that is covered from the element (d) Grass clippings an ebris collec from washing may be composted. (e) Runoff from wash pad area shall be ined to a common point and either, Filtered through a grease trap, and recycle , (ii) Directed through a filtration pond; or (iii) Discharged to a sewage treatment facility other than a gr d 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(Q71 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 reated through mitigation shall be maintained in accordance h the Resources Management Plan and/or a conservation easeme agreement; and (b) intenance of habitats shall be minimal, co sting primarily of mai ining buffers and enhancements, re oval of exotic (non-native) plant sp ies, and keeping drainage w s functioning properly. (5) Maintenance of Imp vements (a) All site improveme such a oads, utilities (including irrigation and drainage structures), t f course, habitat enhancements, recreational amenities, signage, la s ing, etc. shall be maintained in function and appearance. (b) Maintenance ecifications for on-g ' g site management shall be submitted part of the Resources Ma ement Plan. (6) Solid Waste nagement (a) T Resources Management Plan shall include a gram for the on- going recycling and composting of refuse from course d landscape maintenance, as well as solid waste from other course fa '' ies such as a clubhouse. (G) ollutant Monitoring Program Orange County, North Carolina—Unified Development Ordinance Page 5-54 Article 5: Uses 182 Section 5.7: Standards for Recreational Uses (a) If c minants are found that reasonably may be at ' ed to the construc i eration, and/or maintenance o golf course, management pla hall be reviewed to ess the problem. Appropriate adjustments in the reso man ent and/or integrated pest management plans shall be o prevent further contamination; and (b) If sampling and a is indicate a trend d increased concentratio of contaminants or if the U.S. En ental Protection Agen ealth advisory limits (HAL)or State ground or ce water ndards for thresholds are exceeded, then Orange County wi tify the appropriate authorities. 5.7.5 Camp (A) Submittal Requirements and Standards of Evaluation for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan prepared in accordance with Section 2.5, also sho ng the following (existing or proposed): 0) Buildings, (ii) Campsites, (i' Storage areas, (iv) Fencing and gates, (v) tdoor recreation areas (vi) Acc s road(s)to the site, as II as on site roads, with an indicate of type of propose surface. (b) A description of th pe of facilit planned, the size, capacity, and use of proposed buildings; a igned s tement from the owners or operators that there shall be no ac 'vity Ilowed that will have adverse effects on adjacent property. The st ement shall also include a complete list of all recreational activities th wi ake place on the site. (c) A phasing plan, whe necessar , 'ndicating the area to be developed in each phase with ti a periods for c struction of each phase. This may be indicated on a site plan. (d) The site pla hall show the distances to a nearest residential structure. (2) Standards of aluation (a) Unl ss public sewer is proposed to be extended, th adequacy for the thod of sewage disposal will be determined by the t size and soil suitability. Appropriate letters from the Orange County vironmental Health Department, local jurisdictions and/or the State Divi 'on of Environmental Management shall be submitted to indicate pr 'minary approval. (b) The landscape plan shall show how the facilities will be screened fr the adjacent properties. A minimum 30 foot Type B buffer, as indicate in Section 6.8 shall be observed around the perimeter of the property. Orange County, North Carolina—Unified Development Ordinance Page 5-56 Article 5: Uses 183 Section 5.7: Standards for Recreational Uses (b) Define and delineate emergency vehicle access points and fire anes on the property. (5) The facility owner shall work with NCDOT to complete a traffic inte ection analysis for access points along any state-maintained road or hi way to determine need for access improvements such as left turn lane or deceleration lanes. (6) The facility owner shall work with NCDOT, the State Highw y Patrol, and County fficials to address traffic management issues to coordin e acceleration and celeration lanes at approved entrance and exit point on the property during ma r events. (7) The fa ility owner shall work with NCDOT and Cou y officials to post proper signage n the property directing traffic through a ne-way ingress and egress location. (8) A litter collec ' n and recycling system shall developed throughout the grounds and a II points of egress. During vents facility employees shall remove trash fro the receptacles in a ti ly manner. (9) All new facilities sh install noise abat ment systems to ensure compliance with applicable County not a regulations. or existing facilities, the property owner/managers shall ovide a no' a abatement system to reduce sustained noise levels at the prope lines t the lowest practical level. To accomplish this goal, the owners/managers av the option of employing, either singly or in combination, any of the folio ' g: (a) Requiring all comp itio vehicles to have functional noise mufflers attached at all tim s; (b) Installing a sys m of noise b ffles, berms, or walls on the perimeter of the racetrack acility incorporat d into the design and placement of any lighting sys m and viewing stan , and/or (c) Depressi g the elevation of the rac ay track surface, or (d) Some ther innovative noise abateme system. (10) Limits on ra ing activities shall be such that no ra shall extend beyond 11:00 p.m. on Fr' ay and Saturday nights, or beyond 9:00 m. on other evenings. Practice ctivities shall not commence before 10:00 a. on any day and shall cease y 9:00 p.m. (11) All ternal lighting fixtures shall comply with Orange Cou lighting standards (S ction 6.11). (12) o storage of hazardous materials shall be permitted, except fo racing fuel and lubricants. Such material storage areas shall be enclosed and p ted and the Orange County Fire Marshal shall approve a pollution incident prev ntion plan for the storage facility prior to final occupancy permits. 3) If additional or accessory land uses are desired, the facility owner shall use a new site plan to be created outlining the location and nature of the propos d 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-CD Zoning District (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 Article 5: Uses 184 Section 5.8: Standards for Care& Educational Facilities (3 Where a State license is required to operate the facility, evidence th the requirements to qualify or said license have been, or will be, met all be bmitted.. (C) Standa s of Evaluation (1) There is 'rect frontage and access on a public state aintained road. (2) Adequate ac ss to and from the site, as well as dequate space off the road right-of-way, is ovided for the safe pickup a discharge of clients and is provided in such a anner that traffic gene ed by the use is not disruptive to adjacent residentially eveloped propert, s. (3) The plot plan shall show w the fa ' ities will be screened from adjacent properties. A Type B 30-foo of r shall be provided around the use and play/exercise area in accorda with Section 6.8.6. These buffers will effectively screen the view any tdoor area, and reduce noise associated with the operation. (4) Each Center in a R idence is required t rovide a minimum of 75 square feet of outdoor space r every client in care. T i space may not be located in a required buffe r in an area, which is used or served for use as a sewage disposal nit . ication field. (5) Fencin is to be provided around the outdoor space, ich ensures the pro tion of the client receiving care and protects adjac t residentially eloped properties from trespass. (6) All gates shall be self-closing and self-latching. (D) Additional Standards of Evaluation —Care of Children and Adolesc nts (1) The Center in a Residence is to be located in an area, which is free fro conditions dangerous to the physical and moral welfare of the children. 5.8.2 Care Facilities (A) Use Standards (1) Standards in Commercial and industrmal 107Districts (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 Glass 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. 107 This type of use is not permitted in the industrial districts. Orange County, North Carolina—Unified Development Ordinance Page 5-60 Article 5: Uses 185 Section 5.8: Standards for Care& Educational Facilities (b) A floor plan of the proposed facility, showing the use and dimensi s of each room and the location of entrances and exits. (2) St dards of Evaluation (a) acilities involving the care of children and adolescents all be located i n area which is free from conditions dangerous t e physical and mor welfare of the children. (b) Where tate license is required to operate t facility, the applicant shall demo trate the minimum requiremen to qualify for said license are satisfied. (c) There is direct fro age and access a public State-maintained road. (d) Adequate access to a from th ite as well as adequate space off the road right of way, is prov ed f the safe pick up and discharge of clients and is provided in such a m ner that traffic generated by the facility is not disruptive to adjacen esi ntially developed properties. (e) All client pick up and rop offs sha a on site, with proper vehicle stacking area equi lent to three car . (f) The site plan all show how the facilities ill be screened from adjacent properties. Type-B, 30-foot buffer shall be rovided around the facility and outd r area in accordance with Section 6. .6. These buffers will effecti ly screen the view of any outdoor area, a reduce noise ass iated with the facility. (g) ach facility is required to provide a minimum of 75 squa feet of outdoor space for every client in care. This space may not located in a required buffer or in an area, which is used or reserved for u as a sewage disposal nitrification field. (h) Fencing and/or screening is to be provided which ensures the protec ' n 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 2.7.4-14 and 5.8.2(B). 5.8.3 Schools: Universities, Colleges, and Institutes (A) Submittal Requirements and Standards of Evaluation for Class n SpeGial Use Permit orCC-3, GC-4, O/RM, EDB-2, EDE-2, EDH-4, EDH-5, and MPD- 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 Article 5: Uses 186 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 near t residential structures. (b) De iption of the proposed use(s)of the sit nd the buildings therein, include the following: (i) Am nt of area allocated to ch use. (ii) Number full and part ti a employees. (iii) Number of st ents d staff expected to use the facility. (iv) Proposed hours days of operation. (c) Building plans for all xisting or roposed structures to include floor plans, elevations d sections sho 'ng proposed use. (d) Landscape p n, at the same scale as site plan, showing existing or proposed es, shrubs, ground cover and y other landscape materia . (e) St ment from the appropriate agencies concerni the method and equacy of water supply and wastewater treatment. (f) Statement from the appropriate agencies concerning the p vision 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-.7-.3 and 5.8.3(A)(1). (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. The site has frontage and access on to a paved State maint ' ed road. The developer must show that the existing facilities hav a capacity to dle the additional traffic generated by the use or s an agreement with DOT to upgrade the facility to accomm to expanded needs. (d) Internal vehI lar and pedestrian circula is designed to encourage smooth traffic flo nd reduce hazar (e) All access roads and e oy isitor parking areas shall be paved. (f) Development of the sit s pro ed would have no adverse impact beyond the buildin , except for app riate parking facilities. (g) The floor ar of a building or group of bui ' s housing a Non- Profit Educati al Cooperative shall not exceed the imum floor area ratio as mitted in Article 3 of this Ordinance. (h) All buildings associated with the operation of the cooperati hall be designed to be harmonious with the character of the zoning dis i 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 SpeGiai Use Permit andwid nnon_r Conditional Districts (1) Submittal Requirements Orange County, North Carolina—Unified Development Ordinance Page 5-62 Article 5: Uses 187 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 6:3:22 9, the following information shall be submitted as part of the application: a) 26 copies of the site plan prepared in accordance with this Ordinanc and with the following additional information shown on the plan: (i) Total student capacity of school as designed; Total number of employees at time of greatest shi , (iii) Number and dimensions of designated parkin spaces for school uses; (iv) Nu ber of designated parking spaces f employees; (v) Numb e of visitor parking spaces; (vi) Number o tudent parking spac s; (vii) Location of stu nt drop off oints with stacking spaces identified; (viii) Location of all propos and future athletic fields and structures, including: a. Total n ber of se for spectators, and b. Loc on of concessio stands, if any anticipated; (ix) Propose public roadway improve ents; and (x) Exist' g and proposed infrastructure i rovements (water and se er). (b) 26 cop' s of a Landscape and Tree Preservation Pla prepared in acc dance with Section 6.8 of this Ordinance. (c) copies of photometric plans prepared in accordance wit Section 6.11 of this Ordinance. (d Estimated water usage for structures, landscaping and athletic fie s. (e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance. (f) A Biological Inventory, prepared in accordance with Section 5.17.65.22.1108(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. ( Standards of Evaluation Within Economic Development Districts ) If ted within an EDD, the application must meet the EDD gn standards establis in Article 6 of this Ordinance. (3) Standards of E ation in Zoning Districts o r than an Economic Development Distric DD) If located within a zoning distric han an EDD, the applicant must meet the following Standards of Evalua ' . (a) The project s all applicable desig tandards and other require s of this Ordinance. (b) project meets all service provision criteria as se th below: (i) Fire—identifies the primary and secondary responde nd the source(s) of water. 108 A previous amendment did not update this Section reference to the correct Section number. Orange County, North Carolina—Unified Development Ordinance Page 5-63 Article 5: Uses 188 Section 5.9: Standards for Utilities d. All access points shall be located to provid aximum visibility and safety. e. No driveway shall be permitted in ocation that will hinder or congest traffic mov ent on a public street. 5.8.5 Schools: Technical, Tra and Skill Training (A) Use Standards (1) Standards for the LCA, - C-3, EC-5, EDH-4, and EDH-5 Zoning Districts (a) Structures II not exceed 00 sq.ft. of floor area. (b) Sch shall involve only activities ociated with Continuing ucation, Performing/Fine Arts, Sports Recreation, and Trade schools as defined herein. (2) tandards for the GC-4, I-2, I-3, EDB-2, and EDE-2 Zoning stricts (a) Schools shall involve only activities associated with Continui Education, Performing/Fine Arts, Sports and Recreation, and Tra e schools as defined herein. (3) Standards for the O/RM, NR-CD, or MPD-GZ-CD Zoning Districts (a) All School: Technical, Trade, and Skill Training land uses, as defined herein, shall be permitted. (4) Applications proposing flight training schools shall submit documentation identifying where actual flying activities are intended to occur. No on-site flying activities, other than the use of simulators, shall be permitted. (5) Applications proposing a Community College shZdinance. r approval nd budgetary allocation of funds by, the Orange CoCounty Commissioners before being submitted for procey fu ing is required. (B) Stan rds of Evaluation (1) All ou or activity areas shall be buffered by a Te buffer around its perimete accordance with Section 6.8.6 of thi SECTIONSTANDARDS FOR UTILITIES 5.9.1 Telephone Exchanges (without bus es s officesXhs iber loop huts, pressure regulator stations, water and sanitary sewer pu ing sta (A) Standards of Evaluation (1) The design of structures all confo as closely as possible to the character of the area in which it is I ated. (2) Building or struct s shall conform to the m ' um building setback distances for the applica zoning district and shall not e ed 800 square feet in area. (3) All buildin and structures shall be landscaped and reened according to the stand s that follow: ( Buildings and structures which resemble residential a essory structures must be landscaped and maintained in the character of a sidential area. (b) Any outside storage areas must be fenced with a minimum five fo 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 Article 5: Uses 189 Section 5.9: Standards for Utilities .2 Electrical Substations, Switching and Metering Stations, and Associated Trans ' sion Lines, Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv) (A) Standards of Evaluation (1) Perimeter fencing and setbacks for the utility structure sha e provided in accordance with the National Electrical Safety Code. (2) The components of the facility, including but not lim' d to towers, transformers, rcuit breakers, metering devices, and supportin atticework, shall be contained wi in a geometric area not to exceed 12,000 uare feet. (3) The fa —ty shall be located on a parcel or asement across the parcel, (whether owned or sed by the utility)which h been recorded with the Orange County Register of D ds. (4) Access easemen extending fir an approved public or private road to the facility shall be a min um wi of 30 feet. (5) A Type E Land Use Buff hall be provided along any portion of the perimeter of the parcel, easement, r lea hold located adjacent to property zoned for residential use, exc t where st h property is owned, leased or consists of other utility easement urrently used fo lectrical distribution or transmission purposes or n other purposes. (6) Existing v getation within an easement, le ehold or parcel of a public utility may be use to satisfy the landscaping requireme s. (7) M ification to or replacement of existing facilities hall be subject to the quirements set forth in this Section. Pre existing fa flities may remain during construction of replacement facilities, but shall be disma led after the replacement facility is in operation. (8) The parcel or easement across the parcel, (whether owned or I sed by the utility)on which the facility is located shall contain a minimum area f 5000 square feet. (9) The applicant shall submit proof of liability insurance covering bodily injur nd property damage demonstrating a minimum coverage limit of$ 500,000.00 p occurrence. 5.9.3 Public Utility Stations and Substations;_(-Including Electric Substations, Metering, and Switching Stations Receiving More Than 100 Kilovolts (kv) of Electricityl, Water Treatment Plant, Sewage Treatment Plant, Telephone Exchanges (A) Submittal Requirements and Standards of Evaluation for Class a SpeGial Use DorrzrnnotsConditional 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 Article 5: Uses 190 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 d+strictarea109, 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 fr private operty lines by a distance of 200 feet, screening for e building will not be uired. (f) A clearly ' 'ble voltage warning sign shall placed at the base of all pad-mounted sformers and substa ' s. (g) A Type E Land Use fer shall provided along any portion of the perimeter of the parcel, a ent area, or leasehold area located adjacent to property zo or Hized for residential use except where such property is cur tly used fo ectrical distribution or transmission purposes. (h) Existing etation may be used to satisfy th ndscaping requirements. (i) Th pplicant shall submit proof of liability insuranc overing bodily Jury and property damage demonstrating a minimum c erage limit of $500,000.00 per occurrence. 0) The site is of adequate size for the sewage disposal system propos and for the proposed use. 5.9.4 Elevated Water Storage Tanks (A) Submittal Requirements and Standards of Evaluation for Class 6 SpeGial Use PerrnifConditional 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) 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. 109 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 Article 5: Uses 191 Section 5.9: Standards for Utilities (c) A Landscape Plan, at the same scale as the site plan, showi existing and proposed trees, plus shrubs, ground cover and oth ndscape aterials. (2) Standards o aluation (a) Adequate pro n has been made means of fencing or otherwise, for the security of th te, inclu i g the provision of a gate at the access entrance of access roads ing to such facilities. (b) A minimum lot size all be adequ for the proposed use. (c) Adequate p ision has been made for the tection of adjacent prope om the dangers of collapse, fire, floo i or other menaces to p 'c health and safety. (d The applicant shall submit proof of liability insurance covering ily injury and property damage demonstrating a minimum coverage lima $500,000.00 per occurrence. 5.9.5 Electric, Gas and Liquid Fuel Transmission Lines (A) Submittal Requirements and Standards of Evaluation for ClassB Special Use Permit and 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 showing the following: (i) All existing and proposed structures within the sit of the line, (ii) All existing structures within 50 feet of the bo daries of the site, and (iii) Officially designated floodways and fl dplains. (b) A plan of erosion and sediment controls f the site. (c) ical cross sections for the installa ' n showing elevation of all stru res and existing and propo d topography. (d) Plans an elevations of all pr osed structures and descriptions of the color and n re of all exte ' r materials. (e) Certification by t ap cant that it is a public utility and a statement that the proposed instal ion is necessary to accomplish its public utility function and tha ubli onvenience and necessity will be served by the proposed inst ation. (2) Standards of Ev ation (a) Ade ate provision has been mad o protect adjacent property from the d gers of explosion, rupture, collaps fire or other menaces to public ealth and safety. (b) The public convenience and necessity shall b erved by this proposed installation, if installed as proposed. (c) The applicant shall submit proof of liability insurance vering bodily injury and property damage demonstrating a minimum c erage limit of $500,000.00 per occurrence. 5.9.6 lar Array (A) Standards for Accessory Use Orange County, North Carolina—Unified Development Ordinance Page 5-71 Article 5: Uses 192 Section 5.9: Standards for Utilities may take the form of a small enclosed structure properly ven d to allow for air flow, fence, or landscape hedge. (i) Mechanical equipment shall not be located within the re ired setback areas for the underlying zoning district as detailed withi Article 3 or within required landscaped areas as required under ction 6.8. Before commencement of earth disturbing activitie , the property owner must acknowledge that he/she is the responsible arty for owning and ensuring the perpetual maintenance of the solar array. (k) cases where a solar array has not been in peration for a period of 6 nths due to a malfunction or other defec he property owner shall affe t repair(s)to the system within 30 da of notice from the County in acco ance with Section 9.5 of the UDO In cases ere the array has been dee ed unsafe it shall be removed or repaired i ediately in accordance ith Section 9.5.5 of the UDO. (2) Standards for Build g Mounted Devic . (a) An array may b ounted on t roof of a principal or an accessory structure located the prop y. (b) The array shall be vi ed an extension of the roof structure and, as a result, shall not excee maximum building height detailed within Article 3 for the underlyi zoning district where the property is located. (c) As part of the buildin perm review process, structural engineering shall be provided demon rating th roof can support the weight of the proposed array. (3) Standards for Ground ounted Devices. (a) Ground mou ed system shall not ex ed a maximum height of 15 feet from finish grade. (b) The surf ce area of a ground mounted sys m, regardless of the mount angle, shall be calculated as part o he overall impervious surfs area for the parcel in accordance with e provisions of Section 4.2. (c) ays shall be allowed to be erected anywhere on e property outside f established setback areas, designated open space reas, and well/septic system setback areas as identified by Oran County Environmental Health. (d Arrays shall observe the principal setback requirements of t underlying zoning district where the property is located as detailed within rticle 3. In the case of an array erected on a non-residentially zoned prop y, the array shall not be located within any required setback, landscape, 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(C'�ITSpecial 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 Article 5: Uses 193 Section 5.9: Standards for Utilities existing and proposed storage areas, parking and access are , topography at a contour interval of five feet, any officially de ' nated floodplains or alluvial soils. ( An assessment of the power needs for all structures on a property and the anticipated power generated by the proposed arra . (c) The proposed arrays distance from all structures Io ated on the property. (d) ans and elevations for all proposed structures nd arrays as well as de riptions of the color and nature of all exter r materials. (e) Land ape Plan, at the same scale as the si a plan, showing existing and pro osed trees, shrubs, ground cover nd other landscape material (f) A soils rep denoting the types of soil n the property including detail on the comp tion necessary to sup rt the proposed development. (2) Standards of Evaluati (a) The proposed arra shall not re uire the alteration of existing land use(s) to accommodate de lopmen . (b) All on-site utility and tra s ssion lines shall, to the extent feasible, be placed underground. (c) The height of propose arra and support structures shall not exceed the height requirem is of the nderlying zoning district where the property is located s detailed w in Article 3. (d) Individual array solar panels shall a designed and located in order to prevent reflec ' e glare toward any in bited buildings on adjacent properties a well as adjacent street rig is-of-way. (e) A clearly isible warning sign concerning Itage must be placed at the base of II pad-mounted transformers and s stations. (f) All chanical equipment, including any struct e for batteries or storage ce , shall be completely enclosed by a minimu eight (8)foot high f nce with a self-locking gate, and provided with sc ening in accordance ith the provisions of Section 6.8. (g) The applicant shall submit proof of liability insurance co ring bodily injury and property damage demonstrating a minimum co rage limit of $500,000.00 per occurrence. (h) A Type D Land Use Buffer shall be provided along any portion f the perimeter of the parcel, easement, or leasehold area located adj ent to property zoned, or otherwise utilized for, residential use except wh e 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 n SpeGial Use Per w,i+NR-CD District) (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 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 There are no changes on this page - it is 194 included to give context to the deletion on Article 5: Uses Section 5.9: Standards for Utilities the following page. (b) Plans and elevations for all proposed structures and arrays as well descriptions of the color and nature of all exterior materials. (c) Landscape Plan, at the same scale as the site plan, showing ex' ting and proposed trees, shrubs, ground cover and other landscap material (d) A soils report denoting the types of soil on the property incl ing detail on the compaction necessary to support the proposed de lopment. (2) Standards of Evaluation All on-site utility and transmission lines shall, to the a tent feasible, be placed underground. (b) The height of proposed arrays and support struc res shall not exceed 40 feet. (c) I ividual arrays/solar panels shall be desig ed and located in order to pr ent reflective glare toward any inhabit buildings on adjacent prop rties as well as adjacent street righ -of-way. (d) A clear visible warning sign concerni g voltage must be placed at the base of a pad-mounted transformer and substations. (e) All mechani al equipment of princ' al solar energy systems including any structure for tteries or storage ells, shall be completely enclosed by a minimum eight )foot high fe e with a self-locking gate, and provided with screening in ccordance ith the provisions of Section 6.8. (f) The applicant shall bmit roof of liability insurance covering bodily injury and property d e demonstrating a minimum coverage limit of$ 500,000.00 per occurre ce. (g) A Type D Land Use uffe shall be provided along any portion of the perimeter of the pa el, eas ment, or leasehold area located adjacent to property zoned, otherwise tilized for, residential use except where such property i owned, lease r consists of other utility easements currently use or electrical distri tion or transmission purposes. Existing ve etation may be used to atisfy the landscaping requirements. (3) Decommissioni g The applicant grees to the following as condition in case the utility is to be abandoned: (a) T owner/operator of the facility is required t notify the Orange County anning Director in writing 60 days prior to pla ed the cessation or abandonment of the facility for any reason. This otice shall provide the exact date when the use of the facility will cease. (b Documentation shall be provided indicating that the p lic utility purchasing the power has been made aware of the dec ion. (c) The facility shall be removed within 12 months from the d e the applicant ceases use of the facility. (d) Once the infrastructure is removed the property, the owner sh obtain the necessary Erosion Control permits to re-stabilize the propert The time frame for completion shall be determined by the Orange Cou y Erosion Control Officer. (e) The owner shall provide financial security in form and amount accepta e to the County to secure the expense of dismantling and removing said structures. Orange County, North Carolina—Unified Development Ordinance Page 5-75 Article 5: Uses 195 Section 5.10: Standards for Telecommunication Facilities MUpon removal of the facility, the Department� r sh llaF� ootictic_ar cause a notice to be recorded within the Orange Co my Registrar of Deeds office inrliootino that the Class A Special Use Derma has been revoked SECTION1 • ' TELECOMMUNICATION 5.1 1 Intent e regulations contained herein are designed to provide for the safe and efficient int ration of faci' "es necessary for the provision of advanced wireless telecommunications serv' es through the co unity with the goal of establishing reliable wireless service to the publi governmental agencies, d first responders in a manner that provides for the public safety d general welfare of its citizens. 5.10.2 Master Telecomm 'cations Plan ("Plan") (A) The Plan is i nded to assist providers in their sear for suitable locations to build their service net rk. The County may develop a Plan (map), which would display locations within the aunty's zoning jurisdictio where property owners have expressed formal, writ interest in allowi construction of telecommunications equipment. (B) Information that may be shown n t base Plan will include, but not limited to: (1) Existing towers, (2) Major transmission line , (3) County-defined N ral Areas, (4) Historic prope es, (5) Scenic co idors, (6) Know bird migratory patterns through the County, (7) V untary 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 Plannin 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 firsta Public Hearing of thein February of each"—o calendar year. Any applicant requesting modification of the Plan shall make application to the Planning Director on or before December 1st 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. 110 Updating language to reflect current public hearing process. Orange County, North Carolina—Unified Development Ordinance Page 5-76 Article 5: Uses 196 Section 5.10: Standards for Telecommunication Facilities 5. 5 Wireless Telecommunications Support Structures and Equipment as Principal or Accessory Uses (A) Wireless telecommunications support structures shall be permitted as rincipal or accessory use in accordance with the Table of Permitted Uses and follows: On property owned by the County or any public entity, excep ose designated as historic properties or sites, the County may, in its sole d' cretion as the owner of the property, authorize the application and use of Co y property after the a licant executes a lease agreement acceptable to t County. (2) Wirel s telecommunications facilities, as part of fisting utility poles shall be permitte as an accessory use. Wireless faciliti shall be constructed as part of the existin tility poles or as replacements fo the existing utility poles. No freestanding t ers constructed exclusivel or personal wireless services shall be permitted wit ' utility easements. (3) The placement of ne wireless telec munications support structures shall be in accordance with the Ta e of Per ' ed Uses, except as permitted in the Master Telecommunications Plan "Pla " or by Section 5.10.6 of this Ordinance. 5.10.6 Administrative Approval of Certain Telec nication Facilities (A) Applicability The following telecommunic ion facilities may b pproved administratively by the Planning Staff provided th all of the provisions con ined in Section 5.10 are met: (1) New stealth to communications wireless suppo structures up to 75 feet in height that a sufficiently disguised so as to minim' a visual impact; (2) Any wir ss support structure less than 75 feet in heig (3) Any fireless support structure less than 200 feet in height ated on property th is owned or leased by Orange County; and (4) Any wireless support structure less than 200 feet in height on whic the owner of such facility permits the County to collocate its wireless facilities on t structure at no charge to the County when the location of such facility is of benefi the County as determined in the sole discretion of the County. (5) A written decision approving or denying an application for administrative appro I 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 2.7.142.7.15 11 111 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 Article 5: Uses 197 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(&M. 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 prefer r d. If a non-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the Planning Direct , why the stealth antenna (i.e. an antenna incorporated into the architecture of e building or fully screened from view from sight proximate to the antenna) c not be used for the particular application. This does not preclude a combina ' n of the various types of antennas. (2) Antenna dimensions shall be subject to approval by the PI ning Director. A atement shall be submitted, prepared by a professional ngineer competent to ev uate antenna choices, to certify the technical need or the required dime sions. (3) Prior to a issuance of a Building Permit by the I pections Division, the applicatio hall provide evidence that the wirel s telecommunication support structure or tennas are in compliance with F regulations. Where an antenna will no exceed the highest point of a existing structure upon which it is to be mounted, s In evidence shall not b required. (B) Standards of Evaluatio for Stealth Roo op or Building, Water Tower, or Transmission Line Moun d Antenna In addition to the standards establ hed in ubsection A above, the following are applicable to all Stealth Rooftop or it i g, Water Tower, or Transmission Line Mounted Antennas: (1) Antennas shall not exceed 0 fee bove the roofline of the building or support structure, water tank, or ansmissio line; (2) Commercial advertisi g shall not be all ed on an antenna; (3) Signals, lights, or i mination shall not be p rmitted on an antenna, unless required by the C or the FAA; (4) Any related u staffed equipment building shall n contain more than 600 square feet of gros floor area per user or exceed 12 feet i height; (5) Docume tation shall be required denoting that the ere ion of an antenna will not comp r mise the structural integrity of the building, water nk, or transmission line; (6) If n antenna is erected on a transmission line, documentation hall be required utlining that the antenna will not interfere, or be interfered with, the normal operating characteristics of the transmission line; (7 If the equipment building is located on the roof of the building, the are f the equipment building shall not occupy more than 25% of the roof area, an hall 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 Article 5: Uses 198 Section 5.10: Standards for Telecommunication Facilities (d) All towers shall be engineered to allow for collocations. No co-locato shall be refused access for collocation by charging exorbitant lease ees. Public safety provider collocations shall take priority over other c locators. (e) A telecommunications consultant shall provide Planning St assistance on exorbitant rate leases. (f) Al ireless support structures shall satisfy all applica public safety, Ian se, or zoning issues required in this Ordinanc , including aesthe 'cs, landscaping, land-use based location iorities, structural design, tbacks, and fall zones. (g) Applicants all evaluate the reasonable fea bility of collocating new antennas and quipment on an existing st cture or structures within the applicant's sear ring. (h) Prior to issuing a b 'ding permit for t e collocation of an antenna array on an existing facility, n applicant all demonstrate that the collocation is located appropriately n the f ility with the overall goal being to preserve the carrying cap it f the facility for future collocations and to minimize the visual intrusive ess and impact, including the profile of the facility. (i) In determining the nec sary hei t for a facility, or the height of a collocation on a facil' , the signal s engths analyzed shall be the threshold or lowes ignal strength at hich the customer equipment is designed to fun on, which may I req 'red to be determined by the manufacturer' published specifications fo the customer equipment. (j) Approval o he Planning Director to verify co istency with the definition of stealt acility is required. (k) All Riveness communications towers shall be placed in h avily wooded areas ona site to the maximum extent possible so as to ssen the visual i of the structure and accessory structures. (1) No tower shall be permitted to exceed its designed loadin capacity. For all wireless support structures attached to existing structure the engineer certification statement shall include certification that e structure can support the load superimposed from the wireless s port 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 an 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 Perrnits f„rapprovals 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 Article 5: Uses 199 Section 5.10: Standards for Telecommunication Facilities ommunication support structure to an extent not commerc' imprac le; and (b) The placement, h t and quantity of wirel elecommunications towers and equipment in In a m , including but not limited to the use of stealth technology or flage techniques, to minimize adverse aesthetic and visual ' acts on the la roperty, buildings, and other facilities ad' to, surrounding, and in gen I the same area as the requ location of such wireless telecommunica ' support ructure, which shall mean using the least visually and p ally intrusive facility that is not technologically or commercially imprac' ble under the facts and circumstances. (2) Balloon Test and Neighborhood Information Meeting (a) The applicant shall, at least 45 days prior to a Class Special Use Permit pUbliG evidentiary hearing or Planning Board meeting where arm a Class o Special Use Permi+at 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 SpeGial Use Dormil ro�o",n+ review process. The primary date shall be on a weekend (excluding legal holid but to revent delays in the processing of the application, and in se of poor w her or atmospheric conditions on the initial date a secondary date m be a weekday. (e) The applicant II inform the County P ning Staff, in writing, of the dates and times of est at leas days in advance. (f) The applicant shall also po sign on the subject property, and directional signs post at locatio to be determined by Planning Staff. The signs shall asure no more than ' e square feet in area and no less than f square feet in area, giving the ntact information of the Coun anning Department, the proposed date , ' es, and location of t alloon test. The signs shall be posted to meet the me time limits as provided for in the balloon test notification as stated abo (3) Submittal Requirements Orange County, North Carolina—Unified Development Ordinance Page 5-85 Article 5: Uses 200 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 inte al of five feet and (v) Any officially designated floodways and floodpla' s, or the presence of alluvial soils. (b) lans, and elevations for all proposed structures an descriptions of the c for and nature of all exterior material, along with a make, model, and ma ufacturer of the proposed structure, maximu antenna heights, and pow levels. (c) A Land cape and Tree Preservation Plan dr n at the same scale as the site p n, showing the existing and prop sed trees, shrubs, ground cover and ther landscape materials. Thi plan shall minimize adverse visual effect of wireless telecommunic ons support structures and antennas thro In careful design, sitin , landscape screening and innovative cam flaging techniques. (d) Evidence that the plicant has in stigated the possibilities of placing the proposed equip ent on an a sting wireless support structure. Such evidence shall consist f: (i) A listing of all wi le telecommunications support structures within a two mile r ius of the proposed wireless support structure site and ' ting of all wireless support structure, utility poles and other truct res in the vicinity of the proposed facility that are techn' ally feas' le for utilization by the applicant to fill all or a subs ntial portio of the telecommunications service need ident' ed by the Appl ant pursuant to section 5.10.8(A) )(s). Documents hall be submitted at the time of applica ' n filing that indicates a applicant's ability or inability to co-loc to on the identified tower ) and reasons why. (ii) Del' eation of the boundaries of th maximum search ring within w ch the telecommunication equip nt can function as i tended. The following information s II be provided for all existing wireless support structures with the search ring: a. Wireless telecommunication supp t structure height; b. Existing and planned wireless suppo structure users; C. Whether the existing wireless telecomm nication support structure could accommodate the telecommunication equipment to be attach to the proposed wireless support structure without using structural instability or radio frequency interfere ce; and d. If the proposed telecommunication equipment ca of be accommodated on the existing wireless telecommunication support structure, assess whethe the existing wireless support structure could be structurally strengthened or whether the antennas Orange County, North Carolina—Unified Development Ordinance Page 5-86 Article 5: Uses 201 Section 5.10: Standards for Telecommunication Facilities transmitters and related equipment could be proteSpWd from electromagnetic interference, and genera describe the means and projected cost of s red use of the existing wireless support structure; d e. Any restrictions or limitations of t CC or FAA that uld preclude the shared us f the wireless support str ure; f. Propaga i n studies all adjoining planned, proposed, in-service, exi ng sites, and; g. Any additi I in rmation requested by the County. (iii) A summary a anation of wh roposed telecommunication equipme annot be located on y of the existing wireless supp structures in the search ring. (e) Docume ation from applicable state or federal a ncies indicating requ. ments, which affect the appearance of the pr osed wireless port structure, such as lighting and coloring. (f) Draft bond which will guarantee the removal of the wireless port structure in the event that it is abandoned or unused for a perio f 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 Ses' ?7-5- and-Section 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 c.,86al Use Permit 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 Article 5: Uses 202 Section 5.10: Standards for Telecommunication Facilities On existing Facilities without increasin eight of the er or structure. C. On Coun wned pro s or facilities. d. On properties ' r zoned for commercial or industrial use. e. n properties in areas zoned Agric I 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). 'ii) The application shall not be approved unless it demonstrate that the telecommunications equipment may not be sited a a higher priority site because of commercial impracticabilit or because no higher priority site is available that would s rve to rovide the telecommunications service need identifi by the A licant as provided for in section 5.10.8(A)(1)(s). (iv) An A plicant may not by-pass sites of higher pri ity merely becau the site proposed is the only site leas d or selected. Agreem is between providers limiting or pr ibiting collocation shall not b a valid basis for any claim of c mmercial impracticabi ' (v) Notwithstandin that a potential site y be situated in an area of highest priority r highest availab priority, an application shall not be approv d if it conflicts ith the provisions and requirements of this dinance. (vi) Wireless support structu s s all not be located within one-half ('/2) mile of any existing m Opole, lattice or guyed wireless telecommunications sup p r tructure. a. An exception ay be a owed when the applicant can sufficiently d monstrate at: i. A propriate space the existing elecommunication wi less support structure is not available; or ii. The applicant has made g d faith effort to negotiate an agreement with he owner of the existing wireless telecommuni tion support structure and has been unsucce sful, which must be documented in writing; or iii. The telecommunication equipment o the existing wireless telecommunication su ort structure is not compatible with the prop o ed telecommunication equipment of the applic t; or Orange County, North Carolina—Unified Development Ordinance Page 5-89 Article 5: Uses 203 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. For Special I lce Permits thereThere must he an 80% approval vole of the deciding boardBoard of Admustment for this specific finding to pass the a eot'or, riteria — (c) Setbacks (i) Within or adjacent to residential zoning districts, minim setbacks from the base of the wireless support struc re to the property boundary shall be equal to 110% of the w' Bless support structure height. (i i) If the wireless support structure is proposed an accessory use to a residential use, the setback shall be 11 % of the wireless support structure height from any reside a or dwelling unit on the subject property. (iii) djacent to non-residential uses or on-residential zoning dis icts, minimum setbacks from a base of the wireless supp structure to the propert boundary shall be the greater of 20% of a tower height, or t minimum required setback. (iv) All building and other str tures to be located on the same zoning lot as telecom unication tower wireless support structure shall c for with the setbacks established for the zoning district or a stablished through the subdivision process, whichever is gre er. (d) Access (i) At a wirele telecommunica 'ens support structure site, an access r ad, turn around spac and parking shall be provided to assur adequate emergency and ervice access. (ii) Ma mum use of existing roads, whe er public or private, shall made to the extent practicable. (iii) Road construction shall, at all times, minim a ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours 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 112 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 Article 5: Uses 204 Section 5.10: Standards for Telecommunication Facilities adjoining property/properties. (ii) Existing vegetation may be removed only to the ex nt necessary to accommodate the wireless support ructures, equipment buildings, and support structures su as guy wires. (iii) Plantings around the compound perimeter, o side of any fence or wall, shall be composed entirely of fast owing evergreen vegetation. (iv) New plantings and existing vegetation sed for screening shall be at least six feet in height or great at planting. (v) P posed plantings (name, type, ight) shall be shown on the Lan scape Plan for the facility. (vi) Lands ping shall provide a reen on a year-round basis. (f) The visibility of th balloon to adja nt properties and the surrounding area shall not consti to sole jus ' ication of denial of a permit application, but is an indication of hat loc ion on the site may be less visually intrusive. (g) The applicant shall demon ate and provide a description in writing and by drawing how it shall a ect ely screen from view the base and all related equipment and tructur of the proposed facility. (h) The site plan shall i icate a locat n for at least two equipment buildings in addition to that roposed for use the applicant. (i) All utilities at a cility site shall be ins ed underground and in compliance w' In all Laws, ordinances, rul and regulations of the County, inc ding specifically, but not limite to, the National Electrical Safety Co e and the National Electrical Code here appropriate. (j) All wir ss support structures shall satisfy all ap licable public safety, land se, or zoning issues required in this Ordinan e, including ae etics, landscaping, land-use based location pri ities, structural d sign, setbacks, and fall zones. (k) ences and Walls (i) An eight foot fence or wall shall be required around t e base of any wireless support structures. This fence or wall sh encompass all accessory equipment within the compoun . (i i) Fences shall be required around guy wire tie downs (iii) A fence or wall may be placed around the perimeter of the faci ' 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-ofthat 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 Article 5: Uses 205 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 equipme in the future, the tower owner shall provide documentation f emission levels in relation to FCC standards. iii) In addition, the tower owner must provide docume ation of emission levels within five working days if so re ested by Orange County. (iv) range County may make such requests anytime, not to e eed two times per year. (w) "High Voltag ", "No Trespassing" and Other igns (i) If high v age is necessary for th operation of the telecommu 'cations tower or a accessory structures, "HIGH VOLTAGE - NGER"warn' g signs shall be permanently attached to the nce or w and shall be spaced no more than 40 feet apart. (ii) "NO TRESPASSING arning signs shall be permanently attached to the fen a or all and shall be spaced no more than 40 feet apart. (iii) The letters fo the "HIGH VOL AGE- DANGER" and "NO TRESPAS NG"warning signs all be at least six inches in height. a two warning signs ma be combined into one sign. The w ning signs shall be installed least five feet above the finis ed grade of the fence. (iv) a warning signs may be attached to free anding poles if the content of the signs would, or could, be obstr ted by landscaping. Signs noting federal registration (i equired) shall be attached to the tower structure in compliance i h federal regulation. (v) Facilities shall contain a sign no larger than four square et to provide adequate notification to persons in the immediate ea 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 Article 5: Uses 206 Section 5.10: Standards for Telecommunication Facilities A sign no larger than four square feet containing the e(s)of the owner(s) and operator(s) of the antenna(s) as ell as e rgency phone number(s) shall be installe . he sign shall be on a equipment shelter or cabinet of a applicant and be visible fro he access point of the si and must identify the equipment ow of the shelter o binet. (vii) On tower sites, an F re i ration sign, as applicable, is also to be present. The signs not be lighted, unless applicable law, rule or regulation r ires ligh (viii) The use of a portion of a tower for i ns or advertising purpose . cluding company name, ban s, streamers, etc. shall strictly prohibited. (ix) obile or immobile equipment not used in direct su rt of a tower facility shall not be stored or parked on the site of telecommunication tower, unless repairs to the tower are bei 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 .Tewer IRSPen+iG 113 (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 113 Extraneous Language. Orange County, North Carolina—Unified Development Ordinance Page 5-94 Article 5: Uses 207 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 Tel/business ication Sup rt Structures ( Tower Inspection (a) Telecommunication tower owners shall subm to th County Inspections Division certifying structural and inte ity upon completion of the initial construction and at in ecified in this Section. (b) spection records shall be kept by the towerd made available u n request to the Inspections Division duri business hours.(c) The lowing inspection schedule shall be focept in cases where ower has no structures other tha ose associated with telecomm ication tower use located wi in the tower's fall zone. (i) At le t once every 36 mont , or 36 months from the date of a colloca n approval, a stru ural engineer who is regularly involved i he maintena e, inspection and/or erection of telecommun ations to ers shall inspect the tower and submit a report to the In ect' ns Division within a reasonable time thereafter. At a ' imum, this inspection shall be conducted in accordance wit rovisions of this Ordinance and in accordance w' the t er inspections check list provided in the EIA-222 (as mended fr time to time). This is considered a major ins ction review. (i i) At lea once every 12 months, a visual inspection from the gro d shall be conducted by a operly trained staff member of a wer provider or tower consulta and a report shall be filed ith the Inspections Division within a asonable time thereafter. This inspection shall include, but shall n t be limited to, visual inspection of tower foundations, structure , uys, and connections for evidence of settlement or la t movement; soil erosion; condition of paint or galvanizing; rust corrosion, loose or missing bolts, loose or corroded lightning prote tion connectors; tower plumbness, significant variation i uy sags (i.e. tensions), and other material areas or matters rel ing to the structural integrity of the tower. This is considered a min 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 Article 5: Uses 208 Section 5.10: Standards for Telecommunication Facilities If the tower does not meet the aforementio d EI/ standards, the letter or existing P.E. a ysis shall i de the types of modifications t would be required to bri he tower up to stand e. All existing to s shal a subject to the annual electrical inspectio onducted by the Inspections Division includ' any a ciated inspection fees. f. The Ins tions Division shall otified in writing when a r ired analysis is complete. A c of the analysis port shall be made available to the Cou Inspections Division upon request. That report shall also g details of the net result of any changes made to the tower is 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 separ e instrument and recorded prior to the issuance of Building Permits. (4) nsultant Fee. Regardless of the type of telecommunication sup p structure pro osed (Le. administrative approval, special use permit, colloc on, etc.) an appli nt is required to submit a fee to cover the County's tele mmunications consults t to review the application. An escrow account of n amount determine y the Board of County Commissioners, as noted on the adopted fee schedule, hall be paid by check to Orange Coun to pay associated consultant revie fees during all phases of the app ation review process. The Board of County missioners shall determin he amount of charges or fees assessed to an appli nt on account of an o ide consultant in advance and incorporate these charg s and fees into a application fee that is based on the reasonable costs of the se ices the C my incurs in connection with the application review. The fees nd ch ges paid by the applicant for the services of a consultant shall not excee at is usual and customary for wireless facilities and support structure a foregoing does not prohibit the County from imposing additional re nable ost-based fees for the actual costs incurred by the County for a cons ant's review f an application due to amendments or revisions to the origin application. The ount of the consultant charges incorporated into th application fee shall be eparately identified and disclosed to the applicant on request. Any unused fun in the account after either the approval of t Certificate of Occupancy(CO), or e expiration of the Special Use Permi pproval, whichever is sooner, shall be urned to the designated party. 5.10.9 Removal of Wirel s Support Structures and Facilities (A) T owner of any facility shall be required to provide a minimum o\safe otice to the County Clerk prior to abandoning any facility. Z (B County Determination Under the following circumstances, the County may determine that the welfare interests of the County warrant and require facility removal: Orange County, North Carolina—Unified Development Ordinance Page 5-97 Article 5: Uses 209 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 speGia; Use PerR;4 approval may be revoked. (C) If the County makes such a determination as noted above, then the County shall notify the holder of the Special Use Permi'development approval for the facility within 48 hours that said facility shall be removed. (D) The holder of the Special Use Perms 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 SpeGiai Use Permitdevelopment 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 SpeGial Use Permitdevelopment 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 cGial Use Dormi}development 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 a io Antenna (A) Standar valuation (1) Shall be for the priva f the property o on which they are located. (2) Shall not exceed 90 ft. in hei h (3) Minimum setbac the base of the antenna to the boundary shall be equa % of the tower height. Orange County, North Carolina—Unified Development Ordinance Page 5-98 Article 5: Uses 210 Section 5.11: Standards for Waste Management Facilities 5.11.1 d Waste Collection Facilities Owned and Operated by A Public Agenc or the Purpose of Di sal of Household Waste by Orange County Residents (A) ndards of Evaluation (1) The 'te shall consist of a parcel, or easement ross a parcel, (whether owned or lease the public agency)which has en recorded by the Orange County Register of ds. (2) The parcel or ease nt across t parcel, (whether owned or leased by the public agency) on whic e ility is located shall contain a minimum area of 40,000 square feet. (3) The parcel or ease ent shall have ntage on a State maintained road. (4) A Type B la cape buffer, 30' in width, s I be provided along the perimeter of the parc r easement. (5) Fe ing at least six feet in height shall be provided b een the landscape buffer nd the improved portion of the parcel or easement. An entrance sign shall identify site as a sanitation collection site, d shall identify the responsible public agency. The sign shall contain a maxi m of nine square feet and shall not exceed eight feet in height. Instructional signs be erected as needed within the facility. (7) The entrance to the site shall contain a travelway a minimum of 30' in width. 5.11.2 Landfills (A) Use Standards 0) Shall nor '}}��J —2c ate. r v�.vigtr'nivi:-IRP 9P tvv( of+hid Ordonanno (E)LA) Submittal Requirements and Standards of Evaluation for Class n SpeGial Use PerrnotsNR-CD District (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; Proposed handling and storage areas for overburden, by products an materials; (c) Prop d fencing, screening and gates, parking, servic d other areas; (d) Any areas propose r ponding; and (e) Access roads to the site, as II n site roads, with indication of surface treatment to limit du , n i ht distances on all roads used for access to the site. (f) An Operations n which shall include: (i) a date of commencement of operations and expected duration. (i i) Proposed hours and days of operation. Orange County, North Carolina—Unified Development Ordinance Page 5-99 Article 5: Uses 211 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 Section2-7-7�E+.6_4.14 (g) A Rehabilitation Plan which shall include: (i) A statement of planned future use of the site, including det 'ed methods of accomplishment. (ii) A map, to the same scale as the Site Plan, showing fi I proposed topography, landscaping and ground cove proposed and any drainage or other structures proposed. (iii) A phased plan of rehabilitation, related to the o rations plan, showing how the rehabilitation will relate to th fill operations and the date of final completion. (2) Stan rds of Evaluation (a) I operations associated with the fill shall con rm to the following pe ormance standards: (i) Direct illumination resulting from a operation shall not fall upon ny land not covered by the ap lication. (ii) Eq 'valent sound levels at t e boundaries of the fill site shall not exce the following stan rds: STANDARDSTABLE 5.11.2.A.2.1: SOUND LEVEL .- WASTE MANAGEMENT TIME DECIBEL LIMIT 7:00 a.m. 7:00 p.m. 68 dBA 7:00 p.X.to 7:00 a.m. 58 dBA (iii) Vib t4cn levels at the boun�ries of the fill site shall not exceed th ollowing standards: I ABLE 5.11.2.A.2.11:VIBRATION LEVEL STANDARDS F WASTE OMANAGEMENT FACILITIES R State 1.0 inc s/second Impact 2.0 inches econd [1]The maximum particle velocity shall be the maximum displace ent sums of three mutually perpendicular components, recorded simultaneo ly, multiplied by the frequency in cycles per second. For purposes of this Ordinance, steady state vibrations are vibrations whi are continuous, or vibrations in discrete impulses more frequent than 60 per mi te. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations. 114 Update to correct section reference. Orange County, North Carolina—Unified Development Ordinance Page 5-100 Article 5: Uses 212 Section 5.11: Standards for Waste Management Facilities (b The Rehabilitation Plan shall be referred to the Orange Cou Soil and Water Conservation District for review and recommendati in particular arding the landscape material specified, the planti and mai enance proposed to ensure continuous grow and development, and th cceptability of the proposals for the h dling of lakes, ponds, etc. (c) The permanen ads, defined as thos o be used in excess of one year, within the fill ' e shall be surf ed with a dust free material, such as soil cement, bitumi us con to or Portland Cement concrete. (d) Roads other than perman roads shall be treated with dust inhibitors, to be specified in the O ratio Plan, which will reduce to a minimum the generation of d from the ro surfaces as a result of wind or vehicular action. roperly operated ter wagons are an acceptable means of du inhibition. (e) Where proposed fill shall take place within 00 feet of a dwelling, istalled. h , church, hospital, commercial or industria uilding, public ding, or public land, a security fence at least six t high shall be The Operations Plan and the Rehabilitation Plan shall be co inated so that the amount of disturbed land is kept to the absolute minimu consonant with good practices and so that rehabilitation proceeds i concert with filling. 5.11.3 Waste Management Facility, Hazardous and Toxic (A) Standards for Class a Special Use Perini+NR-CD District (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 t storage involved, and the method of permanent disposal anticipat . (c) ters from the appropriate agencies that the facilit as adequate pro te 'on against fire, vandalism and personal ' ' ry. (d) Survey of fl lain and floodway locatio n the site plan. (e) An emergency ma ement plan t has been submitted to the appropriate North Caro i Sta agency, and approved. (2) Standards of Evaluation (a) All necessary Stat ermits have been lied for and granted to the applicant. (b) The de iption of the type facility planned, include a detailed des ption of the type wastes to be stored or dispose on the site, the e of the finished project, method of storage or final dispo Adequate fire, police and rescue protection can be provided. The appropriate agencies have written letters confirming adequate protectio . Orange County, North Carolina—Unified Development Ordinance Page 5-101 Article 5: Uses 213 Section 5.12: Standards for Extractive Uses d) The site is of adequate size to provide a buffer for ad' properties. The buffer shall also be of sufficient size to prey adverse effects in adJa roperty. (e) Access to the si irectly fr n interstate, arterial, or major collector street. (f) Accident pre ion/emergency man ent plan approved by the State. (g) ocation of flood plain if any is on site. (h) The site plan has buffer from streams. SECTION ■A- ■ • EXTRACTIVE USES - 5.12.1 Borrow Pits for Federal and State Highway Projects (A) Use Standards (1) Permitted by right in all districts in accordance with the provisions of Section 5.1.1-2 of this Ordinance. (B) Standards of Evaluation The borrow pit is located within one-half mile of the constructi site; (2) rosion Control Plan has been approved by the De rtment of Environment, Health Natural Resources; (3) The material ex ed is to be used solel r a State or Federal road construction project; a (4) Road construction plans incl vision for reclaiming the excavated area. If the reclamation plan inv es filling the avated area, the fill material must be inert material defin s beneficial fill by the Waste Branch of the Department of vironment and Natural Resources, vided that the debris is also asso ' ed with a State or Federal Highway road con tion project. Incl n of reusable or recyclable materials in the reclamation o ng of the rrow pit should be minimized. A proposed debris recycling program statement as to why material will not be recycled must be submitted for revie Orange County. 5.12.2 Extraction of Earth Products (A) Use Standards 0) Shall Ret be permitted as o !'`r,.,rJi+i.,.,ol I loo Dio+riGt Refer to SeGti n G 9 3 r,f this QrdiRaRGe. MM 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 n SpeGial Use Rermm NR-CD District (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 Article 5: Uses 214 Section 5.12: Standards for Extractive Uses (xii) Operating practices will be followed to comply with the performance standards applicable to the operation (See Subsection 7 7 7(E)Section 6.4115) (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 o the same scale as the Site Plan, depicting any water are and methods of preventing stagnation and pollution ther of, landscaping and ground cover proposed to be ins Iled, and the amount and type of back fill to be employed, if a y. (iii) Typical cross sections showing planned reha ilitation. (iv) A phasing and timing plan, related to the p asing and timing portion of the Operations Plan, showing a progression of the rehabilitation and the date when it will a complete. The method of disposing of all equi ent, structures, dikes and spoil piles associated with the op ations. (vi) A written legal description or s vey of the property, prepared by North Carolina registered I d surveyor or engineer. (2) Standards of Eva ation (a) The applicant emonstrates tha the extractive use operation fulfills primarily a loca eed as oppo ed to a regional need in terms of supplying sand a /or grav for building and construction purposes. (b) All operations associ ed ith extraction shall conform to the following performance standards (c) Direct illumination re ultin from the operation shall not fall upon any land not covered b the app i ation. (d) Equivalent sou levels at the undaries of the extraction site shall not exceed the fol wing standards: VIBRATION - - . . EXTRACTION - TiME SITES DECIBEL LiMIT 7:00 a.m.to 7:00 p.m. dBA 7:00 p.m.to 7:00 a.m. 58 A (e) Vibration levels at the boundaries of the extraction site sha ll no exceed the following standards: TABLE 5.12.2.A.2.E.:VIBRATION LEVEL STANDARDS FOR EXTRACTION SITES 115 Update to correction section reference. Orange County, North Carolina—Unified Development Ordinance Page 5-104 Article 5: Uses 215 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 Sp8G'al Use Rormi+development approval. (o) In cases of abandonment or termination of operations for a period of 12 consecutive months, application for a new SPGGial Use P--ermitdevelopment approval is required. (p) The Board of County Commissioners shall require for all extractive uses a performance guarantee to insure ensure that the provisions of the Rehabilitation Plan are met. Such performance guarantee shall be in a form approved by the County Attorney. The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State. If the rehabilitation cost exceeds the amounts required by the State then the difference shall be made up in a bond to Orange County. ,SECTION 5.13: STANDARDS FOR AGRICULTURAL USES 5.13.1 Agricultural Processing Facility (A) Use Standards (1) Shall not be permitted: within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional District application." ALL (a) As a (`ondi+iGRal Use Dis+riGt Refer+r, Qep-tien G 3 of this Ordir,anGe (b) VV'th'R the Rural B--ffor I-ARd 1 GlassifiGatm n s designated by the adopted !'`r,., prehensiye Plan as art of o f`.,nd-itie-pal ZeRiRg District Standards of Evaluation ( Application materials shall include a comprehensive groundwate udy, for acilities expected to use more groundwater on an annual b than an average sin family residence (which uses 240 gallons of water per day) built at the highes nsity the existing zoning district would all . For example, if the existing zon' district allows a residential dens' of 1 unit for 2 acres and the proposed use is a six acre parcel (which uld yield 3 residences), the proposed use(s) ma se three times t ater used by an average single family residence (or 720 gallons r day, an annualized basis) before a comprehensive groundwater is required. The water usage rates of any existing use subject to zoni reg ions located on the same lot shall be taken into account when det ining if a co ehensive groundwater study is required. Said study shall de (a) The ount of water anticipated to be use n a daily, weekly, monthly, d annual basis by regulated uses located on a parcel (e.g., water usage by bona fide farm uses is not required to be luded); An analysis of the amount of groundwater withdrawal con ' ered to be safe and sustainable in the immediate vicinity; and Zie_Existing restriction being relocated since there is no longer an (a)and (b) in the subsection. Orange County, North Carolina-Unified Development Ordinance Page 5-106 Article 5: Uses 216 Section 5.13: Standards for Agricultural Uses An analysis of whether other wells in the vicinit roposed use are ex to be affected by withdrawal e y the proposed use. (2) If located adjacent to residen i d property, all buildings and outdoor storage areas shall ated a minimum o et from the property line. (3) Ou orage areas shall be screened from the view of any a ' residentially zoned property. 5.13.2 Agricultural Processing Facility, Community (A) Use Standards (1) Allowed as more than done 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- GZCD. (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 aver e single family residence (which uses 240 gallons of water per day) built a e hest density the existing zoning district would allow. For example ' he exi ' g zoning district allows a residential density of 1 unit for 2 res and the propos use is on a six acre parcel (which could yield 3 res' nces), the proposed e(s) may use three times the water used by average single family residence (or 0 gallons per day, on an annualized sis) before a comprehensive g undwater study is required. T water usage rates of any existing use subject zoning regulations to ed on the same lot shall be taken into account when deter 'ning if a com ensive groundwater study is required. Said study shall detail: (a) The amount of water ated to be used on a daily, weekly, monthly, and annual basis regulat uses located on the parcel (e.g., water usage by bon de farm uses i of required to be included); (b) An anal s of the amount of ground ter withdrawal considered to be saf nd sustainable in the immediate A ' ity; and (c) n analysis of whether other wells in the vicin' of the proposed use are expected to be affected by withdrawals made by a proposed use. (4) If located adjacent to residentially zoned property, all buildings nd outdoor storage areas shall be located a minimum of 100 feet from the pr rty line. (5) Outdoor storage areas shall be screened from the view of any adjacen 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. (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. Orange County, North Carolina—Unified Development Ordinance Page 5-107 Article 5: Uses 217 Section 5.13: Standards for Agricultural Uses 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-SZCD. (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 A9-NR-CD and ASE-SZ-CD Zoning Districts. (2) Operations involving on-site grinding of materials shall not be permitted.. within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional District application. (a) Aso (nndi�noll Ise Diist irf�r rofo te Corlinn 5 1 2 of this Q rN�nano (b)Within tho R,irol R,iffpr Io�a53P Glassiftation, s designated bythe adopted Comprehensive Plan as port of o Conditional Zoning District opplirotion ' vviT (B) Standards of Evaluation for Class n SpeGmal Use Permit„r neP_rWonditional Zoning Districts (1) The minimum lot size shall be 10 acres unless permitted as an ASE-SZCD. (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-SZCD. (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 fro adversely impacting adjacent properties. (6 Compost piles shall not exceed 15 feet in height. (7) O ations that include grinding shall adhere to the foll ng: (a) . ing shall be permitted only during ours of 7 a.m. and 7 p.m., or as oth ise specified on the perm' . (b) Grinding area II be locat a minimum of 1,000 feet from any existing dwelling unit locate jacent properties. (c) Grinding area s be loca a minimum of 300 feet from all property lines. (8) Application erials shall include a comprehens groundwater study, for facilitie xpected to use more groundwater on an an I basis than an average si family residence (which uses 240 gallons of water p ay) built at the ighest density the existing zoning district would allow. For exa , if the existing zoning district allows a residential density of 1 unit for 2 acres d the proposed use is on a six acre parcel (which could yield 3 residences), the 117 Existing restriction being relocated since there is no longer an (a)and (b)in the subsection. Orange County, North Carolina—Unified Development Ordinance Page 5-108 Article 5: Uses 218 Section 5.13: Standards for Agricultural Uses proposed use(s) may use three times the water used by an average single amity residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rate of any existing use subject to zoning regulations located on the same lot all be taken into account when determining if a comprehensive groundwate tudy is required. Said study shall detail: (a) The amount of water anticipated to be used on daily, weekly, monthly, and annual basis by regulated uses located the parcel (e.g., water age by bona fide farm uses is not requir to be included); (b) An a lysis of the amount of groundw er withdrawal considered to be safe an ustainable in the immedi e vicinity; and (c) An analysis whether other w s in the vicinity of the proposed use are expected to be fected by ' drawals made by the proposed use. 5.13.6 Cooperative Farm Stand (A) Use Standards (1) Shall be permitted as ore than one p ' cipal use if located on a bona fide farm. Refer to Section 6. . of this Ordinance. (B) Standards of Eval tion (1) In addition the application materials required in ctions 2.5.2 and 2.4.3, the followin shall also be required: (a) The number and location of participating coopera i e farm partners. A description of the facility, including size of structure 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 f 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 n SpeGial Use Permit or SE-CZ 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 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 permi 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 Orange County, North Carolina—Unified Development Ordinance Page 5-109 Article 5: Uses 219 Section 5.13: Standards for Agricultural Uses ilities expected to use more groundwater on an annual basis than a erage sing family residence (which uses 240 gallons of water per day) b e at the highest sity the existing zoning district would allow. For exa e, if the existing zone district allows a residential density of 1 unitjoK2 acres and the proposed use is a six acre parcel (which could yield esidences), the proposed use(s) ma se three times the water use y an average single family residence (or 720 gallon er day, on an annua " ed basis) before a comprehensive groundwater dy is requir . The water usage rates of any existing use subject to zoning re atio ocated on the same lot shall be taken into account when determining if a rehensive groundwater study is required. Said study shall detail: (a) The amount of w r anticipated to be d on a daily, weekly, monthly, and annual b s by regulated uses locate the parcel (e.g., water usage by na fide farm uses is not required to included); (b) An alysis of the amount of groundwater withdrawal nsidered to be fe and sustainable in the immediate vicinity; and (c An analysis of whether other wells in the vicinity of the propose a are expected to be affected by withdrawals made by the proposed use. 5.13.8 Farm Equipment Rental, Sales and Service (A) Use Standards 0) Shal�bepp Ted as a GGRditiGRal Use Di Tc o R F 'I 3 of this sTtr c� Refer t�Coes s 9rdiRaRGe. {B}(A) 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. (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 a verage Ingle family residence (which uses 240 gallons of water per day) i t at the hi st density the existing zoning district would allow. For e ple, if the E. istin oning district allows a residential density of 1 un' or 2 acres and the proposed u is on a six acre parcel (which could yie residences), the proposed use(s ay use three times the water d by an average single family residence (or 720 g ns per day, on an an lized basis) before a comprehensive ground er study is re red. The water usage rates of any existing use subject to zonin egul , ns located on the same lot shall be taken into account when determining omprehensive groundwater study is required. Said study shall detail: (a) The amoun water anticipated to used on a daily, weekly, monthly, and an basis by regulated uses loc d on the parcel (e.g., water us by bona fide farm uses is not require be included); (b) An analysis of the amount of groundwater withdra considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the propos use are expected to be affected by withdrawals made by the proposed use. Orange County, North Carolina—Unified Development Ordinance Page 5-110 Article 5: Uses 220 Section 5.13: Standards for Agricultural Uses 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-GZCD. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, facilities expected to use more groundwater on an annual basis than average Ingle family residence (which uses 240 gallons of water per da uilt at the hig st density the existing zoning district would allow. For mple, if the existing ning district allows a residential density of 1 u i for 2 acres and the proposed us ' on a six acre parcel (which could yi 3 residences), the proposed uses) use three times the water ed by an average single family residence (or 720 gal per day, on an an alized basis) before a comprehensive groundwat tudy is re fired. The water usage rates of any existing use subject to zoning re ons located on the same lot shall be taken into account when determining co rehensive groundwater study is required. Said study shall detail: (a) The amount water anticipated to be us on a daily, weekly, monthly, and ann basis by regulated uses located o e parcel (e.g., water usa y bona fide farm uses is not required to be luded); (b) n analysis of the amount of groundwater withdrawal cons red to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use a expected to be affected by withdrawals made by the proposed use. 5.13.10 Feed Mill (A) Use Standards 0) Shall Rot be permitted as a GGRditiGRal Use Di Tc o R F 'I 3 of this sTtr ct Refer t�Coes s QrdiRaRG8. (B)(A) Standards of Evaluation (1) The minimum lot size shall be 3 acres, unless permitted as an ASE-GZCD. (2) All structures, equipment, and outdoor storage areas shall be located a minimum of 100 feet from all property lines. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-GZCD. (4) Outdoor storage shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the Orange County, North Carolina—Unified Development Ordinance Page 5-111 Article 5: Uses 221 Section 5.13: Standards for Agricultural Uses roposed use is on a six acre parcel (which could yield 3 residences pr sed use(s) may use three times the water used by an aver single family residen or 720 gallons per day, on an annualized basis ore a comprehensi roundwater study is required. The r usage rates of any existing use subje zoning regulations loca on the same lot shall be taken into account when dete ' ing if a comp ensive groundwater study is required. Said study shall detail: (a) The amount of wa anticipa to be used on a daily, weekly, monthly, and annual s by regulated use Gated on the parcel (e.g., water usage ona fide farm uses is not req ' d to be included); (b) n analysis of the amount of groundwater with al considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the propos se 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-SZCD. (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. 3.12 Meat Processing Facility, Community (A) Use Standards (1) Shall be permitted as more than one principal use if located on a bona i e farm. Refer to Section 6.2.5 of this Ordinance. (B) dards of Evaluation (1) Th uilding shall not exceed 10,000 square feet in size (2) If locate jacent to residentially zoned property, buildings, outdoor storage areas, and a ' al pens shall be located a mini m of 100 feet from the property line. (3) Outdoor storage of pro cts shall be mitted in to the rear yard of the primary structure and shall be scre ed fro view of adjacent properties. (4) In addition to the application ials required in Section 2.5 or 2.9, as applicable, the following s II also b equired: (a) The number location of particip ing cooperative farm partners. (b) Numb of employees, if any. (c) F quency and hours of operation. (d) A comprehensive groundwater study, for facilities e ected to use more groundwater on an annual basis than an average sing amily residence (which uses 240 gallons of water per day) built at the high e density the existing zoning district would allow. For example, if the existin oning district allows a residential density of 1 unit for 2 acres and the pro sed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average Orange County, North Carolina—Unified Development Ordinance Page 5-112 Article 5: Uses 222 Section 5.13: Standards for Agricultural Uses s le family residence (or 720 gallons per day, on an annuali asis) before comprehensive groundwater study is required. T water usage rates of an xisting use subject to zoning regulation cated on the same lots all aken into account when deter i ing if a comprehensive gro water study is requir . Said study shall detail: (i) The amount of wa antici d to be used on a daily, weekly, monthly, and annual b i by regulated uses located on the parcel (e.g., wate age by na fide farm uses is not required to be include , (ii) An a sis of the amount of groundwa withdrawal considered e safe and sustainable in the immediate i inity; and i" An analysis of whether other wells in the vicinity of proposed use are expected to be affected by withdrawals made b e proposed use. 5.13.13 Meat Processing Facility, Regional (A) Use Standards Use shall not be-permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional District application.-- (1) (ta) Permitted as a Conditional Use Di Tc o C n G � 3 of this sTtr c� Refer to s 9rdiRaRG8;or (b) Permitted within the Rural &iffor Io.,rJ 1-16e GlassifiGatir,n s deSigRate by the adopted Gernprehensiye Plan as part of a G()nrlitinnal 7nn0n9 Dictrirt applira4tinn (B) Standards of Evaluation for Class n Speriial Use Permit or SE-CzConditional Zoning Districts (1) The minimum lot size shall be 15 acres. 2) If located adjacent to residentially zoned property, all buildings, o or storage areas, and animal pens shall be located a minimum of 300 f rom the property lin . (3) Outdoor stor of products shall be permitte " he rear yard of the primary structure and shall reened from vie adjacent properties. (4) Site shall have direct access to ajor road, as classified in the Orange County Comprehensive Plan, and uses ad as the primary access, unless approved otherwise i e permit. (5) All unpaved s shall be maintained in a manner whic events dust from adverse mpacting adjacent properties. 118 Existing restriction being relocated since there is no longer an (a)and (b) in the subsection. Orange County, North Carolina—Unified Development Ordinance Page 5-113 Article 5: Uses 223 Section 5.13: Standards for Agricultural Uses (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 singl amily residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage ra s of any existing use subject to zoning regulations located on the same shall be taken into account when determining if a comprehensive groundw er study is required. aid study shall detail: (a) The amount of water anticipated to be use n a daily, weekly, monthly, d annual basis by regulated uses loc d on the parcel (e.g., water usa by bona fide farm uses is not quired to be included); (b) An analys' of the amount of g ndwater withdrawal considered to be safe and sus ' able in the ' mediate vicinity; and (c) An analysis of whe ther wells in the vicinity of the proposed use are expected to be aff a withdrawals made by the proposed use. 5.13.14 Non-Farm Use of Farm Equipmen (A) Usei ds (1) rmitted as more than one principal use ocated on a bona fide farm. ection 6.2.5 of this Ordinance. (B) Staf Evaluation (1) nt shall be screened from view from adjacent properties d road(s).2) storage of materials such as gravel, dirt, or plants shall be Iimi in bothduration.(3) tail sales shall not be permitted. 5.13.15 Stables, Commercial (A) Use Stanger-. 0) II + h tted as a Gendfi nal I I _ ' + D +n C C, 2- f �, se e�ae-pe�r�; ��tie ,rQse�s#a-�t Refer to this nr,+'nr nGe (113-)(A) Submittal Requirements and Standards of Evaluation for Gass B Special Use Permit or ACG_r7 ner nAPD-C- Conditional Zoning Districts (1) Submittal Requirements In addition to the information required by Sections 2.7 or 2.9, as a able, the Ilowing information shall be supplied as part of the applic ' for approval of this (a) Plans o arns, boarding facilit' , exercise yards, riding arenas, and related improve ts, incl signage. (b) Site plan showin impro ents listed in a) above, other structures on the sa ot, and structures on ' ent property. (c) omprehensive groundwater study, for facili i ected to use more groundwater on an annual basis than an average sing ily residence (which uses 240 gallons of water per day) built at the highest it the existing zoning district would allow. For example, if the existing zoning Orange County, North Carolina-Unified Development Ordinance Page 5-114 Article 5: Uses 224 Section 5.13: Standards for Agricultural Uses district allows a residential density of 1 unit for 2 acres and the propo d 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 aver ge single family residence (or 720 gallons per day, on an annuali d basis) before a comprehensive groundwater study is required. Th ater usage rates of any existing use subject to zoning regulations to ted on the same lot shall be taken into account when determinin ' a omprehensive groundwater study is required. Said udy shall detail: (i) The amount of water anticipated to be u d on a daily, weekly, monthly, and annual basis by regulat uses located on the arcel (e.g., water usage by bona fi e farm uses is not required to e included); (ii) An a lysis of the amount of oundwater withdrawal considered to be sa and sustainable ' the immediate vicinity; and (iii) An analysis f whether her wells in the vicinity of the proposed use are expe d to affected by withdrawals made by the proposed use. (2) Standards of Evaluation (a) Minimum lot size: 5 cres for up o 10 horses, increasing by'/2 acre for each horse over (b) No part of an uilding, structure, exe ise yard, or riding arena, in which animals ar oused or exercised shall b closer than 150 feet from a property ne, except property occupied by e owner/operator of the facilit hese minimum distances shall not a ly if all portions of the faci' y, in which animals are housed, are wholl nclosed within a b ilding. (c) The site plan shows parking, access areas and scree 'ng devices for buildings, riding arenas, and boarding facilities. d) A sign clearly visible from the ground shall be posted at the ain entrance to the facility and shall contain the names, addresse and telephone numbers where persons responsible for the facility m be contacted at any hour of the day or night. The sign shall comply wi dimensional requirements as set forth within this Ordinance. 5.13.16 Stockyards/ Livestock Markets (A) Use Standards (1) Use shall not be: permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional District application.— ) Permitted s o Gendi+innal Use umst-i1. RofoY+o Con+inn F 'I 3 of this r n Qrdinannvo•� �vr (b) PLFmi++or+ I.A.ii+hin +ho Ri irol Ri-ffor I-And- us es�AI aSSifiGati�an cadesignated by the adopted Gemnroh8noiV8 Rlon as part of a GORdi+ional Zoning Dio+rig+ o nlino+inn (B) Standards of Evaluation (1) The minimum lot size shall be 10 acres. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless 119 Existing restriction being relocated since there is no longer an (a)and (b) in the subsection. Orange County, North Carolina—Unified Development Ordinance Page 5-115 Article 5: Uses 225 Section 5.14: Standards For Manufacturing, Assembly, Processing,and Distribution Uses—Food 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. Application materials shall include a comprehensive groundwater st for acilities expected to use more groundwater on an annual basis n an average si e family residence (which uses 240 gallons of water per y) built at the highes ensity the existing zoning district would allow. F example, if the existing zo ' district allows a residential density of unit for 2 acres and the proposed use i n a six acre parcel (which cou ield 3 residences), the proposed use(s) m se three times the w r used by an average single family residence (or 720 gallon er day, on a nnualized basis) before a comprehensive groundwater udy i equired. The water usage rates of any existing use subject to zoning r tions located on the same lot shall be taken into account when determin' if a co rehensive groundwater study is required. Said study shall detail: (a) The amo of water anticipated to be u on a daily, weekly, monthly, and ual basis by regulated uses located the parcel (e.g., water ge by bona fide farm uses is not required to b ' cluded); (b An analysis of the amount of groundwater withdrawal co idered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed us re expected to be affected by withdrawals made by the proposed use. SECTIONSTANDARDS • PROCESSING, • • • 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.2-05120 (13) Standards for ED13-1 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. (2) Microbrewery with Major Events, as defined within this Ordinance, shall: 120 Extraneous text. Orange County, North Carolina—Unified Development Ordinance Page 5-116 Article 5: Uses 226 Section 5.14: Standards For Manufacturing, Assembly, Processing,and Distribution Uses-Food (a) Only be permitted within the ASE-CZ-CD and MPD-CZ-CD Zoning Districts. (b) Shall not be permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional g-District application. Refer to SeGtien 5.1.3 of this Qrdir,aRG8 121 (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 Mino Events; and Microbrewery with Major Events land uses, as defined with' this Ordinance, shall include a comprehensive groundwater study, for fac'' ies expected to use more groundwater on an annual basis than an ave ge single family residence (which uses 240 gallons of water per day) built the highest ensity the existing zoning district would allow. For example, if e existing zo ing district allows a residential density of 1 unit for 2 acr and the proposed use i on a six acre parcel (which could yield 3 residence , the proposed use(s) may us three times the water used by an average sin family residence (or 720 galls per day, on an annualized basis) before comprehensive groundwate tudy is required. The water usage r s of any existing use subject to zoning regu tions located on the same lot sh I be taken into account when determining if a c prehensive groundwater udy is required. Said study shall detail: (a) The amount of at anticipate o be used on a daily, weekly, monthly, and annual basis regulate uses located on the parcel (e.g., water usage by bona fide m u s is not required to be included); (b) An analysis of the amo of groundwater withdrawal considered to be safe and sustainable ' the ' mediate vicinity; and (c) An analysis of w her other Its in the vicinity of the proposed use are expected to be ffected by withd wals made by the proposed use (2) Additional Submit I Requirements for Mi obrewery with Minor Events and Microbrewery w' Major Events (a) In ad ion to the requirements in Sections 7 and/or 2.9, as applicable, the, he ollowing information shall be submitted w the application aterials: (i) Description of special events to be held on- i e, including frequency of events, hours of operation, antici ted attendance, and any other pertinent details. (i i) Location of overflow parking area(s) if required parki is not anticipated to accommodate all special events. (iii) A map depicting surrounding uses and the distance to resi ntial structures. (iv) A description of retail sales and facility tours, if proposed. (C) Standards of Evaluation for Microbrewery, Production Only Class R Special Use Permit or OR/M, 1-1, 1-2, I-3, SE-CZ, and MPD-C-Zand Conditional Zoning Districts (1) If located in an AR or RB zoning district, the microbrewery must be located on a bona fide farm. 121 Unnecessary text. Orange County, North Carolina-Unified Development Ordinance Page 5-117 Article 5: Uses 227 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 Class Q Special Use Permit or ASE-CZ and MPD-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 Ac�or nno�=Conditional Zoning 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 Article 5: Uses 228 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: (a) Only be permitted within the ASE-CZ-CD and MPD-SZ-CD Zoning Districts. (b) Shall not be permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional 'District application. .'�Z (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 OX inery with Minor Events- nd Winery with Major Events as defined whis Ordinance shall in de a comprehensive groundwater study, for ies expected to use ore oundwater on an annual basis than arage single fami residence (which us 240 gallons of water per day) buile highest de y the existing zoning distric ould allow. For example, if theng zoning istrict allows a residential density o unit for 2 acres and the pro use is n a six acre parcel (which could yield esidences), the proposeds) m use three times the water used by an ave e single family resid0 20 gallons per day, on anannualized basis) fore a comprehenoundwater study is required. The water usage rates of existing use st to zoning regulations located on the same lot shall be tak into acco t when determining if a comprehensive groundwater study is requir . Sai study shall detail: (a) The amount of water . ipated to be used on a daily, weekly, monthly, and annual basis regula d uses located on the parcel (e.g., water usage by bona i e farm uses i not required to be included); (b) An analysi of the amount of groun water withdrawal considered to be safe an sustainable in the immediate icinity; and (c) An alysis of whether other wells in the v inity of the proposed use are pected to be affected by withdrawals made the proposed use. (2) Ad ' ional Submittal Requirements for Winery with Mi r Events and nery with Major Events (a) In addition to the requirements in Sections 2.7 and/or 2.9, s applicable, the following information shall be submitted with the applicati materials: (i) Description of special events to be held on-site, including 122 Unnecessary text. Orange County, North Carolina—Unified Development Ordinance Page 5-119 Article 5: Uses 229 Section 5.14: Standards For Manufacturing, Assembly, Processing,and Distribution Uses—Food requency of events, hours of operation, antici attendance, an ther pertinent details. (ii) Location of ove rkin a(s) if required parking is not anticipated to acco special events. (iii) A ma cting surrounding uses an istance to residential ctures. iv) A description of retail sales and facility tours, if proposed. (C) Standards of Evaluation for a Winery, Production Only Class B Special Use Permit or ASE-C Conditional Zoning Districts (1) If located in an AR or RB zoning district or land use classification, as designated in the Comprehensive 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 Class B Special Use Permit or ASE-CZ and MPD-G Conditional Zoning 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. (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 ACG_r7 and- noon_ GZConditional Zoning 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 Article 5: Uses 230 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 OR MANUFACTURING, ASSEMBLY, PROCESSING, AND DISTRIBUTIONOTHER THAN FOOD 5715. facturing, Assembly, Processing and Distribution Uses -Other T od (A) Stan or El and 1-1 Zoning District (1) Uses shall be limite 0 sq.ft. of building area. (B) Stand r EDB-1 and EDE-1 Zonin icts 1) Uses shall be limited to 20,000 sq.ft. of building area. 5.15.2 Metal Fabrication Shop (A) Standards for ASE-GZ-CD Zoning District (1) Facility must be located on a bona fide farm. (2) Minimum lot size: 3 acres. (3) Maximum building size: 3,000 square feet. (4) 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) ce land uses, limited to Beauty& Bar ops, Laundry and Dry Cleaning ces (c) Eating and Drinkin ents limited to Nightclubs, Bars, Pubs, Restaura rry Out and Genera . (d etail, limited to 12,000 sq.ft. of building area Orange County, North Carolina—Unified Development Ordinance Page 5-121 Article 5: Uses 231 Section 5.16: Standards for Automotive/Transportation Related Uses Manufacturing, Assembly, Processing, and Distribution U ' Other, .mited to Printing & Lithography (2) Multiple Uses, i ified in Section 5.15.3(A)(1 permitted only in accordance with the following stan s: (a) The site plan shall ide square footage of each structure by type of use. (b) The i cipal Use type of Research Facility i Manufacturing must be stablished on the site. (c) The Multiple Use shall not exceed 25% of the total square foo of all structures on the site. 5.15.4 Sawmills (A) Use Standards (1) Use shall not be. permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional District application.'2" (a) Perm Wed a Use oi�- 1. to 2-Minn 5.1 Z of fhms QrdinanG9; Or (b) PerrnittedVrithin the Buffer land use as designated . .. adopted (`r,., f`prohensiye Plan art of a enditienal7.,ning DiStriGt app!'Gat'GR. (B) Standards 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 AUTO MOTIVE/TRANS PORTATI ON RELATED USES 5.16.1 Airports, General Aviation, Heliports, STOL (A)Use Standards 0) Shall tbp aas�di�nall Use Dmi�-irt�rofor te Cortmen 5 1 '2 of this O rdina-nGe. permitted (113)(A) Submittal Requirements and Standards of Evaluation for Class a Special Use ReitNR-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. 123 Existing restriction being relocated since there is no longer an (a)and (b) in the subsection. Orange County, North Carolina—Unified Development Ordinance Page 5-122 Article 5: Uses 232 Section 5.16: Standards for Automotive/Transportation Related Uses (b) Isotonic contours showing the effects of aircraft operations upon nd within one mile of the boundary of the proposed site. (c) The number and type of aircraft proposed to be stored inc ding also the storage areas for aircraft, fuel and motor vehicles, servi areas for aircraft. (d) How on site fire and rescue services shall be pro "ded and a letter from appropriate agency stating services are av able and adequate to pro ct the proposed facility. (e) List Ian uses within the final approach nes of the airport. (f) Certificatio hat all Federal Aviation dministration (FAA) and State standards an equirements have een met. (2) Standards of Evaluation (a) All F.A.A. and State re I ions are met as a condition of approval. (b) The site and its opera ' n ' I not adversely affect existing adjacent land uses. (c) Land sufficient provide approac zones and overrun areas is owned or controlled by a applicant. (d) Adequat and area is provided for all of e proposed uses, buildings and st age areas. (e) Sc ening of buildings, storage and maintenanc areas is provided from jacent residential land. (f) Letters from appropriate fire and rescue agencies that otective 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 t airport. rya 2 Bus Terrmmnal an.l Ga fa e (A) Use Standards 0) �hall�hbe pp t��s (`nnlJi#innol 1 I��i�-in�R��-to Se6#inn 5.1.`2 of#hi6 G 1R 4 Motor Freight Terminal (A) Use Standards 0) Shal�be-permitted as-a (`GRdi#i., of Use Di �c o p G 1 3 of this sTtr�c� Refer t�Coes � s nrdiR 5.1 6�QtorVehmGIeMa0rtenanre (A) Use Standards 0)ShaIc Shall Re#rbe permitted as a GGRditiGRal Use Distr�c T Refer Ces � n 5.1 Z of this nrdiR G 1R 5 MotorvehiGle Repair (A) Use Standards �10) Shall permitted Use DiStriGt..-rRcefer te- 6 p 5.1 3 of this 9rd i Ramie. Orange County, North Carolina—Unified Development Ordinance Page 5-123 Article 5: Uses 233 Section 5.17: Standards for Medical Uses 5.16.65.16.2 Motor Vehicle Sales/ Rental (A) Use Standards 0) Shull Rot be-peril fitted as a Conditional Use Refer Section �.3 of this Ordinance Y"���� v�rr-rar-rc-� MLI Within the NC-2, EC-5, and E-I Zoning Districts the display of vehicles outdoors shall be limited to 32 vehicles per acre of property. (3)(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. Submittal Requirements (1) In addition to the information required by Section 2.5, the site pl all show the a for the display of vehicles for sale or rental. (C) Standards o luation (1) Property shall have tage and direct ss onto a State maintained roadway. (2) Areas of the property design or the display of vehicles for sale or rent shall be improved with an all- er su e (i.e. concrete, asphalt, gravel) and shall not be used for an er purpose. (3) Additional lcles, other than those offered for sa ent or staff/customer desi ed parking as required under Section 6.9 of this inance, can be ored on-site and shall be screened from view from adjacent erties and public rights-of-way. Such vehicles shall not be included in the disp mit calculation. 5.16.75.16.3 Motor Vehicle Service (A)Use Standards 0) Shall Rc)t be-perm-rittedas a GGr,dit'GRaI Use Di T� o R 5 1 3 ef+hi sTtr'c� Refer t�coes ' s nrdi (R)LALStandards for the LC-1, NC-2, and EC-5 Zoning Districts (1) Shall be limited to no more than 10,000 sq.ft. of building area. ,SECTIONSTANDARDS FOR MEDICAL USES 5 1T1 Hosprtal (A) UseStandards 0) Shal�be-permitted as a (`GRdi+iGRal Use DiStFi Gt.Refeftvve6iiv" 5rra-.3 eff this nrdi 5.17.25.17.1 Medical Uses (A) Use-tam;d s 0) Shall Rot be permitted a a f`GRdi+ional Use Dio+riGt Refer to SeGtien G 1 3 of this nrdir,aRGe (E34(A) Standards for the LCA, NC-2, CC-3, O/RM, EDHA, EDH-2, and EDH-3 Zoning Districts (1) Shall be limited to no more than 10,000 sq.ft. of building area. 5.17.35.17.2 Veterinary Clinic (A) Standards of Evaluation for Class lTSpecial Use Permit or ARR-CZ ar anon_ GZConditional Zoning Districts Orange County, North Carolina—Unified Development Ordinance Page 5-124 Article 5: Uses 234 Section 5.18: Standards for Assembly Uses (1) In the AR and ASE-GZ-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. 5.17.45.17.3 Veterinary Hospital (A) Standards of Evaluation for ASE-GZ-CD Zoning District (1) In the ASE-SZ-CD zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. SECTION 5.18: STANDARDS 5.18.1 Assembly Uses, All Subtypes124 (A) Use Standards (1) Assembly uses with an occupancy of 300 or more persons shall not be permitted within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan, as part of a Conditional Zening District application. (B) Standards for all Residential Zoning Districts (1) Unless otherwise denoted within this section, assembly land uses shall obs e the following minimum setbacks: TABLE 5.1 M:AsSEMBLY SETBACK DISTANCE(FEET) Front 45 S i 50 ear 50 (C) St ards for LC-1, NC-2, and EC-5 Zoning Districts 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 6 Special Use Permit or Conditional Districts (1) Submittal Requirements 124 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 Article 5: Uses 235 Section 5.18: Standards for Assembly Uses 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 exact type of facility planned, the size of the buoing, the number of participants; a signed statement from the owners r operators that the facility will be operated by a non-profit or ization. (b A site plan showing the location of the existing and pro sed buildings, access points, parking, service areas, and outdoor creation areas. (c) Bui i g plans for all existing or proposed stru res. (d) Landsca Ian, at the same scale as th ite plan, showing existing or proposed tre shrubs, ground cover d any other landscape materials. (2) Standards of Evaluation (a) Lot size shall be adequ the method of sewage disposal, and for the other improveme s propos or required. (b) The site plan s show the bounda ' s of the site, the distances to the nearest resi ntial structures, access poi ts, parking areas, service area, location proposed existing buildings. (c) Th ndscape plan shall be at the same scale as a site plan and ould show how the facilities will be screened from adjacent properties, in addition, to proposed or existing trees, shr and ground cover. (d) Elevations of buildings should show that the buildings preserve th residential character of the area. 5.18.3 Museum (A) Standards of Evaluation for Class B Special Use Permit or ASE-CZConditional Zoning Districts (1) Within the AR and RB Zoning District or Land Use classification, as depicted in the Comprehensive Plan,125 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 B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan prepared in accordance with Section 2.5, also showing the following (existing or proposed): (i) Buildings, 125 Necessary addition to preserve intent since,when a parcel is rezoned to a Conditional District, it is technically no longer an AR or RB zoning district. Orange County, North Carolina—Unified Development Ordinance Page 5-126 Article 5: Uses 236 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 ro s, with an indication of type of proposed surface. (vi) Distances to the nearest residential struc re. (b) escription of the type of facility planned, th size, capacity, and use of pro sed buildings; a signed statement fro the owners or operators that th a shall be no activity allowed tha ill have adverse effects on adjacent operty. The statement shal Iso include a complete list of all recreationa ctivities that will take p ce on the site. (c) A phasing plan, he necessar , indicating the area to be developed in each phase with ti periods r construction of each phase. This may be indicated on the si pla . (2) Standards of Evaluation (a) Unless public sewe s propo d to be extended, the adequacy for the method of sewa disposal will determined by the lot size and soil suitability. App priate letters from e Orange County Environmental Health Dep ment, local jurisdictions d/or the State Division of Environm tal Management shall be su itted to indicate preliminary approv . (b) Th andscape plan shall show how the facilitie will be screened from t adjacent properties. A minimum 30 foot Type buffer, as indicated in ection 6.8 shall be observed around the perimeter the property. (c) If private recreational facilities are proposed, the improve ents must meet the site improvement requirements in Section 7.11 of is Ordinance. The site plan for recreational facilities shall be revs ed 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 ecG-ram or Anon-r7 Zoniing DistriGtsfor 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 Article 5: Uses 237 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-GZ-CD or M P D-GZC D. (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 (1) Driye_in Theaters shall not he permitted as a Conditional Use Distroot Refer to Sertien 5 4 3 of this Qrdinanre (113)(A) Standards for the NC-2 and CC-3 Zoning Districts (1) Shall be located in-doors. No outdoor performances or drive-in theater facilities shall be permitted. (2) Limited to 100 patrons per individual performance, 9.1 Government Uses (A) Use Standards Ser--fien of this QrdinanGe. STANDARDS FOR OFFICE SERVICE USES 5-20.15.19.1 Office and Financial Service Uses (A) Use Standards (1) Specific Standards for the LC-1, NC-2, EC-5, EDH-1, and ED oning Districts (a) Uses shall be limited to 15,000 sq.ft. of b i ng area. (b) No ou storage of equipme materials shall be permitted. (c) Drive-thru facilities ibited, (2) Specific Standards f B-1 and Zoning Districts (a) Use all be limited to 30,000 sq.ft. of bui area. (b) No outdoor storage of equipment or materials shall be itted. Orange County, North Carolina—Unified Development Ordinance Page 5-128 Article 5: Uses 238 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 Zoninq District's (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 Stanzas /, Use shall Rot hen mitten a a GGRdi+itenal 7eninn Dis+ror-+ Defter+te Ser.+ien G Z of this Qrdmnanne (B)(AA) Standards for the NC-2 Zoning District (1) Uses shall be limited to 12,000 sq.ft. of building area. (q(B) 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 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 j (e) Manufacturing, Assembly, Processing, and Distribution Uses— Other, limited to Printing & Lithography (2) Multiple Uses, identified in Section 5.15.2(GB)(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 5.21.15.20.1 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. 126 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 Article 5: Uses 239 Section 5.20: Standards for Retail Uses Specific Standards for the CC-3 Zoning District Uses shall be limited to 24,000 sq.ft. of building are (b) tdoor sales/displays shall be permitted su ' ct to the following: (i) more than 20% of the pro y area shall be utilized to supp outdoor sales/dis ys. (ii) Displays sh of ocated within any required parking, septic disposal, or I buffer area on the property. (iii) Displa hall not block a ances and exists to the structure. (3) Outdoor sales/di ays shall be allowed in other ' ricts subject to the following: (a) ore than 25% of the property area shall be ' 'zed to support outdoor sales/displays. Displays shall not be located within any required parking, sep ' 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-GZCD. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, f facilities expected to use more groundwater on an annual basis than average single family residence (which uses 240 gallons of water per day ilt at the highest density the existing zoning district would allow. For e ple, if the e ' ting zoning district allows a residential density of 1 uni or 2 acres and the propo d use is on a six acre parcel (which could yiel residences), the proposed (s) may use three times the water us by an average single family residence (or gallons per day, on an annu 'zed basis) before a comprehensive gro water study is requi d. The water usage rates of any existing use subject to z 'ng regulatio located on the same lot shall be taken into account when deter mini if a mprehensive groundwater study is required. Said study shall detail: (a) The amount of w r anticipate be used on a daily, weekly, monthly, and annual b is by regulated use ted on the parcel (e.g., water usage by na fide farm use is not requi to be included); (b) An alysis of the amount of groundwater withdr al considered to be e and sustainable in the immediate vicinity; and (c An analysis of whether other wells in the vicinity of the prop d use are expected to be affected by withdrawals made by the proposed u Orange County, North Carolina—Unified Development Ordinance Page 5-130 Article 5: Uses 240 Section 5.21: Standards for Miscellaneous Uses STANDARDS • ' MISCELLANEOUS 5r5.21.1 Major Subdivision (A) Standards for Class a Special Use Per 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) NGtffreat Stamped envelopes addressed to each owner of properly within 500 foot of the property proposed for subdivision. The names anrly��_�d aaa�.cddressecsf property owners shall he based on the c Urrent listing as shown On the Orange County Land Records system 127 (b)(a) Development Schedule A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. (O(b) Water and Wastewater (i) If the proposed lots are to be served by a public water sys proof of water supply and service availability in the form f a certified copy of a resolution to that effect enacted by e governing body of the water system providing the ter to serve the lots in the subdivision. (ii) he proposed lots are to be served by a p is sewer system pro of public sewer service availability i the form of a certified copy o resolution to that effect enac d by the governing body of the se r system providing the s er service to the lots in the subdivision. (iii) If the proposed to are to be erved by a community water and/or sewer syste , roe hat the system(s)will be operated either directly by or thr h contract with the water and/or sewer provider whose servi ar or interest area it is, as defined in the Water and Se r Manag ent Planning and Boundary Agreement and ap adopted D ember 3, 2001, and as may be amended fro time to time. (iv) If the pro sed lots are to be served by' dividual wells or comm ity wells, a professionally prepare roundwater yield ana sis relating the proposed wells to the U. . Geological rvey Water Resources Investigations Report -4286 and any ater USGS Water Resource Investigation Report d available. (v If the proposed lots are to be served by individual septic stems the Environmental Health Division shall submit a report indi ting approval for each building lot and for the open space if a homeowners' association amenity is proposed to be constructed within the open space. 4)(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. 127 Redundant language as Section 2.9 already requires this. Orange County, North Carolina—Unified Development Ordinance Page 5-131 Article 5: Uses 241 Section 5.21: Standards for Miscellaneous Uses W 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. 44 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 A_area 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 topograp (iii) The width of roadside and perimeter buffers to be I t undisturbed, (iv) The open space (proposed undisturbed and oposed improved) as well as type of ownership. (2) Additiona ubmittal Requirements - For all applica ' ns of over 40 lots (a) Solid aste The loca n within the subdivision of a s id waste convenience center(s) in nded to serve the subdivi ion and, where appropriate, the area in which e subdivision is loca d. (b) Biological Invent (i) A biological i ventor hich identifies the following: a. Habitat ersity, b. Specie versity, C. Spe i s of ecial concern such as those designated as thr atened or ndangered, d. st known sigh ng, e. Candidate specie ikely to be present which may warrant protection, f. Specimen trees outsta ding in size and/or species, and The status and source o he information compiled in the inventory. (ii The biological inventory shall be acco anied by an analysis describing the following: a. Habitat integrity, b. Relationships between habitats and to cological communities offsite, C. Any existing threats to flora and fauna an d. Potential for habitat enhancement. (c) Environmental Mitigation Orange County, North Carolina—Unified Development Ordinance Page 5-132 Article 5: Uses 242 Section 5.21: Standards for Miscellaneous Uses A mitigation plan is required when any wetland or other environmen ly sensitive area identified in the biological inventory will be altered A a sult of development of the subdivision or construction of ho s or of r buildings and structures associated with the subdivisi . The mitig ion plan shall include the following: (i) assessment of the ecological value of re urces that will be lost nd a statement of how that value wil a replaced through mitiga i n; (ii) A specific tement of the goals a objectives, i.e., exactly what steps wi be taken to com nsate for lost habitat, etc.; (iii) Detailed descripti s in the rm of grading plans, construction plans, and planting ns illustrate how the objectives will be carried out; (iv) A monitoring and aintena a plan to measure success of the mitigation base on stated ob ctives. Include a list of parties responsible f monitoring and intenance, a schedule for each, and ow results will be repo d to the Planning and Inspect' ns Department; (v) A p n showing how the site will be protec d from impacts by man and unwanted animal intrusion, alter n to plant species and construction methods that could be used in a event adjustments or substitutions are needed until the itigation 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 e amount of the letter of credit or escrow will be held for 12 mon 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 accorda with the requirements of Section 6.17. (3) Standar f Evaluation (a) The projec ets all applicable desi tandards and other requirements of i Ordinance (b) The project meets all i rovision criteria as set forth below: (i) Fire—' entifies the primary secondary responders and the urce(s)of water. Police— identifies the primary and seconds esponders. (iii) Rescue services—identifies the primary and secon responders. Orange County, North Carolina—Unified Development Ordinance Page 5-133 Article 5: Uses 243 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 5.65.21.1(A)(2)(b)and are subject to the following: 0) 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 biologic/iinventshall be made for a broad range of species to helpe loss of wildlife habitat during construction. Examplea. Preserving, planting, and maintaining a vave vegetation (also dead trees and snags); b. Installing structures conducive for Westin uch as bird houses or bat boxes designed and loca d for various species; or C. Creating wetlands; (iii) Conservation easements or other accept le means such as dedication to a public agency, or conser ancy or a homeowner's ssociation are required to protect we ands and other habitats ile insuring proper long-term mai enance; and (iv) Pro ' e barriers or fencing, and si nage at the edge of habitat buffer to prohibit vehicular an edestrian access. Limited access ay be allowed if pro sed in a sensitive manner for environme tal education pu oses. (d) Landscaping and Bu rs 0) Existing vegetate n sh I be preserved as indicated on the approved Iandsca Ian in accordance with the provisions of Section 6.8 of the Ordinance; (ii) Tree protection easur s shall be installed and maintained between all ar as of distu ance and trees to be retained as shown on th approved Ian cape plan. A detail of the tree protection arrier proposed s II be included as part of the Iandsca plan submitted with e application; (iii) Corri rs connecting habitats iden i ied in the biological inventory shall a preserved along streams, b ers, or other wooded ar s. If destroyed during construction, uch connections shall restored using appropriate plant mate 'als; (iv) Trees and stumps cleared for roads and bui ing construction shall either be used for timber purposes or sh dded for landscape mulch, composted, buried or otherwi disposed of BUT NOT BURNED. (v) Berms, fences and landscaping walls may be used i In plant materials for screening, provided such features are de i ned 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 a freestanding entrance signs; Orange County, North Carolina—Unified Development Ordinance Page 5-134 Article 5: Uses 244 Section 5.21: Standards for Miscellaneous Uses Access to the subdivision and access to lots within the subdiv' 'on to ting public roads shall conform to and be in complia with any public d access management plan adopted by nge County. (k) Maintenance o rovements (i) All site improve is such roads, utilities (including irrigation and drainage structur habitat enhancements, recreational amenities, signa , andsca open space, etc. will be maintained ' unction and appear e. (ii) Mai nance specifications, if any, for on-g site management cluding provisions for handling of storm debris en space areas)shall be submitted as part of the Resources Ma ement Plan and incorporated into Homeowners'Association documents. 5.22.25.21.2 Specific Standards for Class A Special Use Per mi+Conditional Districts Within Hillsborough EDD'28 In add—loon to the general and cnenifin Standards fnr all spenial Use Dermitc the The following standards shall be addressed by the applicant before the icci tonne of a Gloss A cneniol Use Dermitapproval 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 featur that are observed by the public. Aesthetic criteria are not intended to restrict imagination, innovation r variety, but rather to assist in focusing on design principles which result ' creative lutions that will promote visual appearance within the city d county, preserve tax le values, and promote the public health, safety an elfare. (B) General De ' n Standards (1) Harmonious d efficient organization (a) The site pl shall be organized rmoniously and efficiently in relation to existing top raphy, the si and type of plot, the character of adjoining propert , nd th pe and size of buildings. (b) The site will be deve d to facilitate orderly development of surrounding prop y and i In minimal disturbance to the natural environment. (2) Preservation of tural state (a) De ' able vegetation or other unique nat I features shall be preserved their natural state when practical. (b The Environmental Protection Plan shall include locations of all existing trees 12"diameter four feet above the groun (3 Enhancement of residential privacy (a) The site plan shall provide reasonable visual, lighting, and soun rivacy for all adjacent dwelling units. (4) Emergency access 128 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 Article 5: Uses 245 Section 5.21: Standards for Miscellaneous Uses (a) Structures and other site features shall be arranged to permit practic emergency vehicle access to all sides of buildings. 5) Access to public ways (a) Every structure and dwelling unit shall have access to a pub' street, walkway or other area dedicated to common use. (6) on-motorized circulation (a) A non-motorized circulation system shall be provide which is direct, efficient, and pleasant. (b) a system shall be complementary to, but ind endent of the vehicular cir lation system. (7) Design of ac ss and egress drives (a) The locat n, size, and numbers of ingr ss and egress drives to a site will be stric limited to minimize the egative impacts on public streets and on adjac t property. This sh include formal entryways and access to outpa els from inside a development only. (8) Coordination with off-site irculatio systems (a) The arrangement of ri ts- -way or easements for circulation shall coordinate with the patte of existing and planned streets, pedestrian and/or bicycle pathway a transit routes in the area. (b) Connection to adjac nt prope ies is encouraged where possible. (9) Stormwater control (a) Protective me sures shall ensure th removal of stormwater runoff will not adverse affect neighboring prope 'es or the public storm drainage system. (b) Provisi ns shall be made for construction of tormwater facilities inclu ing grading, gutters, and piping to direct ormwater and prevent e rc on. (c) urface water on all paved areas shall be collected intervals that do not obstruct vehicular or pedestrian traffic. (10) Ex rior lighting a) The location, type, size and direction of exterior lighting shall of cause glare or direct illumination that interferes with adjacent properti or safety of public rights-of-way. 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 finding in the paFti^, laF^acedetermines 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 approved normi+conditions of approval. (3) Relationship of buildings to site Orange County, North Carolina—Unified Development Ordinance Page 5-137 Article 5: Uses 246 Section 5.21: Standards for Miscellaneous Uses Landscape elements included in these criteria consist of all forms of planti and vegetation, ground forms, rock groupings, water patterns, and all visible c struction except buildings and utility structures. New and existin egetation sha a maintained in a flourishing manner. (a) tural or existing topographic patterns contributing t he beauty and uti of a development shall be preserved and de oped. Modification to top raphy will be permitted where it contrib s to good appearance and doe of adversely affect significant nat al features and drainagewa (b) Grades of walks, arking spaces, ter r ces, and other paved areas shall provide an inviting d stable app rance. (c) Landscape treatment s II be rovided to enhance architectural features, strengthen vistas and imp ant visual corridors, and provide shade. (d) Unity of design shall b achiev by repetition of certain plan varieties and other materials nd by correl 'on with adjacent developments. (e) Plant material all be selected for its ructure, texture, and color for interest and r its ultimate growth. Use native plants is encouraged; others th will be hardy, harmonious to the sign, and of good appea nce can be allowed. (f) A ropriate curbs, tree guards or other devices sh be employed to rotect plants susceptible to injury by pedestrian or m r traffic. (g Parking areas and trafficways shall be enhanced with Ian aped spaces containing trees or tree groupings. (h) Service yards and other unsightly places shall be screened by us f 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 SPGG'al Use Permo 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 harmo ' s with the building and site to which it principally relates. The number of graphic elements on a sign shall be d to the minimum eeded to convey the sign's major message an all be composed in pr ion to the total area of the sign face (e) Freestandin i ns shall not be pole- ounted. (8) Maintenance, planning an sign tors (a) Materials and finishes all b lected for their durability and wear as well as for their be y. Proper me es and devices shall be incorporated protection against the ell e nts, neglect, damage, and abuse. (b) Pr sions for cleaning buildings and structures and con of dirt and efuse shall be included in the design. Configurations that ten accumulate debris and dirt shall be avoided. Orange County, North Carolina—Unified Development Ordinance Page 5-139 247 ARTICLE 6: DEVELOPMENT STANDARDS SECTIONDA- D 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 geReF�-conventional districts shall be as shown in this Article and Article 3 of this Ordinance. 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 i nsity \ee ent as contained in the Town of Chapel Hill Land Development Ordinance re hereby eference as fully as though set forth herein. The regulations shall be ap icable tof the Transition Area located within the Chapel Hill Joint Developmen eview Area in the adopted Joint Planning Area Land Use Plan and the adopte Joint Planning se Map. 6.1.3 r oro Land Development Standards The regulations\htand minimum lot size, minimum lot width, requi d yard setbacks, maximum buildind other dimensional requirements contr ling the permitted intensity of developmented in the Town of Carrboro LandUse dinance are hereby adopted by reference asugh set forth herein. Theregulationsallbeapplicable to that portion of the Transitiont within the Carrboro Joint Deve pment Review Area as prescribed in the adopted Jng rea Land Use Plan and the dopted Joint Planning Area Land Use Map. 7 SECTION • STANDARDS 6.2.1 Regulations Encumbering Land Requi d to atisfy Regulations No portion of a lot, used in connection with existing or proposed building, structure or use, and necessary for compliance with the dimens' nal gulations of this Ordinance shall, through sale or otherwise, be used again as part of t lot req ' ed in connection with any other building, structure or use. 6.2.2 Modifications of Dimensional quirements Except as provided in this Or nance, all structures shall con rm to the dimensional requirements established i Article 3 of this Ordinance. (A) Height Li ' ations (1) wit ' any zoning district the height of a building may ceed the maximum b 'ding height established in Article 3 provided that one of additional front, ear, and side setbacks are provided for every two feet of ditional height. Regardless of additional setbacks provided, in no case shall building's height exceed 75-feet unless modified as per(2) below. The height limits of this Ordinance may be modified upon appeal to he Board of Adjustment in accordance with Section 2.10 of this Ordinance. The ard, when approving an application for modification of the height limitation, may a ' to that approval reasonable conditions to protect the public health, safety and ge ral welfare. (B) Flexible Developments Orange County, North Carolina-Unified Development Ordinance Page 6-1 Article 6: Development Standards 248 Section 6.2: Lot&Building Standards (1) lot area, lot width, and setback requirements as speci ' rticle 3 of this Ordinance e reduced for lots created as a Flexible Development subdivision as provided in 7.1 rdinance. (C) Flag Lots (1) F as defined in Article 10 are accommodated for as prove ection 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 ^e^ econventional zoning district. (c) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE-SZ-CD zoning district, as detailed within Section 5.2-.3- 129of this Ordinance. 3 Clustering UNIV-CA& UNIV— PW Watershed Protection Overlay Districts (1 Clustering of residential lots is permitted in accordance wi ection 7.12 of this nance. (2) Each lot s contain a minimum of one ac (B) All Other Overlay Dis ' s Clustering of residential lots is per in accordance with Section 7.13 of this Ordinance. 6.2.4 Irregular Lots Any irregular I record at the time these regulations became effec�requireme e be subdivided in cor plia with applicable subdivision regulations and improvement to create ad ' ' nal regular lots, provided that such lots meet all requirements of the district an t no esidual substandard lots remain as a result of such action. 6.2.5 Principal Uses There shall be no more than one principal use on any zoning lot except where: (A) Permitted as a ri 1 Distrire+„r GZConditional -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 129 Old section reference that should have been changed with 2019 amendments. Orange County, North Carolina—Unified Development Ordinance Page 6-2 Article 6: Development Standards 249 Section 6.2: Lot&Building Standards (E) The-use(s) is/are marked with A On the Table of Permitted Uses (Section 5-2 t and io/are located on a bona forte-farm-.The use is allowedlocated 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 GU DiStFiGt er SZConditional 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 GU D'Strir.t r,r 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 ctri Gt ire(8) is/are Innatert nn a bona fide farm and is/are i itilized-for a use(s)f �.r k�TAfith A the Table of Permitted�SeG (S8Gfion &�`. The use is allewwedlocated 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.1 31 6.2.7 Corn ck on the Side Street Any corner lot of record in a residentia z a side street shall meet the minimum required setbacks of the zoninin which it is ided, however, that this requirement does not r e widt�of ea suitable for building to less than 130 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. 131 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 Article 6: Development Standards 250 Section 6.2: Lot&Building Standards Figure 6.2.7: Corner Lot Setbacks on Side Street ❑ Buildable Area Front Yard Setback SideYar etback I � � I m I � ,Nt obi � I f�D ' I F I T O I � I 3 I AI I � � I Q Q I � FFr and Setback Side Street 6.2.8 Addit' al Setbacks Required in for Non-Residential Lots Abutting Reside ' I Zoning Di icts In all non-residential zoning districts, except 1-1, 1-2, 1-3, and El, required side and rear set ks 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 Space132 (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. 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 132 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 64 Article 6: Development Standards 251 Section 6.2: Lot&Building Standards m the corner of right-of-way along the street with lesser traffic volume and 70 feet from th cor of right-of-way along the street of higher traffic volume (see Figure 6.2.10) unless otherwi required by the NCDOT. The area of the sight visibility triangle shall be i5npl5bed in the dedicated ht-of-way. Setbacks shall be measured from the edge of right-of-w defined by the triangle. Figure 6.2.10 Sight Vi ' ility Triangle Right-of-Way d Center Line Right-of-Way - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 70' 10' 10, 70' --------------------- 770F 10'00' Right-of-Way 6.2.11 Open Space and Building Spacing For Attached Residential, Multi-Family Residential, and Lodging Units133 (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 perfo a variety of functions, including the following: (1) Ensuring adequate privacy, desirable outlook, natural light ventilation; (2) Pro ' ing access to and around buildings, off-street ing and loading space and sery areas; (3) Preserving spa c or landscaping; (4) Maintaining spacing be en buildi s and portions of building for reducing potential adverse effects of , odor, glare, or hazards from fire; and (5) Providing recreation sp near bui ' s. (B) Location of Require ards and Courtyards (1) Except in t case of fixed yards required adjacen streets, required yards and court y s relating to residential uses subject to these r lations, need not be at gr d level if and to the extent that, in other locations their ctions, nature, rientation, areas, access, and improvements are appropriate to s within the building and adjoining buildings, and particularly to adjacent uses at th ame level of the building and nearby buildings. 133 A future study should include consideration of modernizing the language in this section. Orange County, North Carolina—Unified Development Ordinance Page 6-5 Article 6: Development Standards 252 Section 6.3: Land Use Intensity Measures133F SECTION 6.3.1 Applicability (A) In accordance with Article 3 of this Ordinance, the standards established in this \FloorArea ion shall be applicable to those districts and uses subject to the Land Use sity system. residential zoning districts and residential uses, except where application t other is specifically indicated, floor area, open space, livability space, and re eation e ratios shall be applied only to such land area, floor area, open spac , and ed elements as are incidental to and compatible with residential use . non-residential zoning districts and non-residential uses, except ere ication to other uses is specifically indicated, floor area, open s ace and strian/landscaped space ratios shall be applied only to such and area, floor , open space and pedestrian/landscape use and accessor uses incidental to compatible with non-residential uses. (A) Residenti (1) The maxi m residential floor area shall not ceed the number of square feet derived by Itiplying gross residential Ian area by the floor area ratio (FAR) applying to tha district, as established in rticle 3 of this Ordinance. (B) Non-Residential (1) The maximum floor a a shall not ceed the number of square feet derived by multiplying gross land a a by t floor area ratio (FAR) applying to that zoning district, as established in is 3 of this Ordinance. 6.3.3 Open Space (A) /Resideial l (1) inimum ope space required s II not be less than the number of square rived by Itiplying gross reside tial land area by the open space ratio applyin to the zoning district, as tablished in Article 3 of this nce. (B) e ial(1) i imum open space shall not be less than th number of square feet by multiplying gross land area by the open s ce ratio (OSR) applying to ning district, as established in Article 3 of this O finance. 6.3.4 Livability Sp /(A) he minimum livability space required shall not be less than the nu ber of square eet derived by multiplying gross residential land area by the livability ace ratio LSR) applying to the zoning district, as established in Article 3 of this dinance. 6.3.5 pace (A) The minimum recreation space required shall not be less than the number of s are feet derived by multiplying gross residential land area by the recreation space rate his(RSR) applying to the zoning district, as established in Article 3 of t Ordinance. 134 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 6-9 Article 6: Development Standards 253 Section 6.4: Performance Standards 6.3.6 Pedestrian / S ace (A) The minimum pedes a��A e less than the number of squar ived by multiplying gross Iedestrian/landscape ratio LR) applying to that zoning district, as erticle rdinance. SECTION • - STANDARDS 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 11 or Accessory 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 si als (including television, and radio broadcasting transmissions)to the exte hat the operation of any equipment not owned by the creator of such distu nce is adversely affected. (B) Ec omic Development Zoning Districts (1) No us activity or process shall be conducted wh' produces electric and/or magnetic ds which adversely affect public alth, safety, and general welfare or interferes will the operation, equipme , or radio, television and/or telephone reception, beyond boundaries of t lot on which the activity is conducted. (2) All establishments conduc ' s, activities or processes which generate electric and/or magnetic fie expected to comply with applicable Federal Communications Com ' sion (FC egulations. Copies of all required FCC permits, including conditions for re ing and monitoring, must be submitted with the compr ensive site development p (3) In the Hi orough Economic Development Distric , sidential development shall be d' ouraged near high voltage transmission lines. 6.4.3 Noise General Standards Orange County, North Carolina—Unified Development Ordinance Page 6-10 Article 6: Development Standards 254 Section 6.4: Performance Standards 1) Sound levels shall be measured with an A-weighted filter, constructed accordance with the specifications of the American National Stand s Institute, hich automatically takes account of the varying effect on the h an ear of di ent pitches. (2) All meas ements shall be expressed in dB(A)to refle he use of this A- weighted filt (3) Impact Noises (a) Impact noises a ounds that cur intermittently rather than continuously. (b) Impact noises genera b ources that do not operate more than one minute in any one ur period a permissible up to a level of 10dbA in excess of the f' res listed in Tab .4.3.B. This exception shall not apply from 0 pm to 7:00 am when t adjacent lot is used or zoned for residen ' purposes. Z(4) se impact noise shall be measured using the fa response of the d level meter. resulting from temporary construction or other tempor activity that en 7:00 am and 7:00 pm shall be exempt from the requir ents of on. for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (B) 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, GenditiGRal use-S and accessory uses in the NC-2, CC-3, GC-4, EC-5, AS, 1-2, 1-3, and GZ—CD districts: COMMERCIAL,TABLE 6.4.3.13: • - - MAXIMUM PERMITTED UND LEVELS ZONING OF ADJACENT NOISE LEVEL LIMITS[DBA]FOR GENERATING LAND LOT OR TYPE OF USE ZONING OF DEVELOPMENT SITE USE IF CONDITIONAL OR "OTHER"DISTRICT 7:00 PM TO 7:00 AM 7:00 AM TO 7:00 PM NC-2, 1-2 [1] 50 60 Residential CC-3, GC-4, EC-5, 1-3,AS,GZ-Conditional 50 60 Districts[2] NC-2, 1-2 [1] 60 65 Commercial CC-3, GC-4, EC-5, 1-3,AS,GZ-Conditional 65 70 Districts[2] NC-2, 1-2 [1] 65 70 Industrial CC-3, GC-4, EC-5, 1-3,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. Orange County, North Carolina—Unified Development Ordinance Page 6-11 Article 6: Development Standards 255 Section 6.4: Performance Standards (4) es stated in Tables 6.4.4.13 & 6.4.4.0 may be multi ' y 2 for impact vibrations. (5) Vibrations resulting from tem s ruction or other temporary activity that occurs between 7:00 am :00 pm s exempt from the requirements of this subsection (6) ion levels for the extraction of earth products and landfills sha s 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 LC-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, or Accessory Use in the NC-2, CC-3, GC-4, EC-5, 1-2, 1-3, and AS, and CZ—Conditional Districtsdistr+Ets may generate any ground transmitted vibration in excess of the limits set forth in the following table: COMMERCIAL,TABLE 6.4.4.13: • • GROUND-TRANSMITTEDPERMITTED VIBRATION VELOCITYZONING OF ADJACENT MAXIMUM PARTICLE • LAND USE ZONING OF •- • USE(INCHES PER SECOND)NC-2& 1-2 [1] 0.02 Residential CC-3, GC-4, EC-5, 1-3,AS, & CZ—Conditional Districts[2] 0.20 NC-2& 1-2 [1] 0.10 Non-residential CC-3, GC-4, EC-5, 1-3,AS, & GZ-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 Economic Development Zoning Districts (1) aximum Permitted Ground Transmitted Vibration MUM PERMITTED la-��=Xl JMA -• . . VIBRATION RECEIVING LAND USE MAXIMUM PARTICLE VELOCITY FOR GENERATING LAND USE(INCHES PER • •Residential development 0.02 Non-residential develop 0.10 (2) Mitigati Design features used to mitigate vibration must be clearly iden d on the site plan. Orange County, North Carolina—Unified Development Ordinance Page 6-13 Article 6: Development Standards 256 Section 6.4: Performance Standards (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 (1) Any Permitted Principal Use, Special Use, or Accessory Use, or Conditional Use 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, or Conditional Use 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 GGRditiGRal 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 Developmen>rials (1) Each site plan must be accompanied by a Hazrials anagement Plan (HMMP) consisting of the following inform A Materials Safety Data Sheet(MSDS the specific hazardous substances that a facility is handling a known health acts, physical properties, and apprctive measures. a sep to MSDS form must be sub ed for each hazardous substance handle . (b) A Tier Two for which in ' ates the precise location and quantity of hazardous materia ' in a plant or place of business. (c) Building and site ans w ' h indicate the precise location and quantity of hazardous erials. (2) An Environme Assessment will be requi for any use or facility which qualifies as small or large generator of hazar waste as defined by the N.C. Depart t of Environment and Natural Resources. (3) A use or facility which is involved in the long-term storag r disposal of azardous wastes will be required to submit a full Environment pact Statement. (4) Documentation must be provided as part of the HMMP confirming the follo ' g: Orange County, North Carolina—Unified Development Ordinance Page 6-14 Article 6: Development Standards 257 Section 6.4: Performance Standards (a hat hazardous wastes are being sent to an appro azardous waste recyc' torage, treatment or disposal (b) That an EPAID num n obtained, (c) That only a . ed transporters are and (d) a on-site storage is limited to 180 days (or up to s if the waste is to be transported more than 200 miles). 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-SZ-CD 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 connectio s)will be made; (c) he capacity of the existing water and sewer treatme acilities; (d) The rying capacity of the discharge stream or ischarge point; and (e) The metho f funding proposed extensio of water and sewer lines. (3) The approval by the utilit rovider must in th orm of a resolution or other agreement adopted by its bo of direct or governing board and must also contain a certification that servic o development project is authorized by any water management plan and rge permit in effect at the time of approval. (4) Installation (a) The locatio nd size of easements for water d/or sewer lines must be approv y and dedicated in the form of a dee easement to the utili rovider. (b) here cuts in existing streets are made for water and/or se r work, all cutting, backfilling, and paving shall be done in accordance wit 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 Use Distr;^+^r r'Conditional -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. Orange County, North Carolina—Unified Development Ordinance Page 6-15 Article 6: Development Standards 258 Section 6.4: Performance Standards (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 district or GZConditional -District as established in this Ordinance. 6.4.9 Solid Waste (A) MPD-CZ and Economic Development Districts, MPD-CD, and NR-CD The following general provisions are applicable to MPD-SZ-CD and NR-CD applications and each permitted use, special use, and accessory use, and ^^nalitlena' use 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. 0 Service &Outdoor Storage A) General Standards Building service and loading areas must be conveniently located accessible or normal service and maintenance needs, including the pro ' ion of adequate to g radii and parking areas for service vehicles. Suc reas are to be located at the s or rear of the principal building(s), and gned so that all service and loading erations occur within the confin of the building site. (2) Outdoor storage s be located only e side and rear of a building. No outdoor storage is perm d to th ont of a building. (3) If located adjacent to resid is zoned property, outside storage areas shall be screened from view o e residenti zoned property and shall be located a minimum of 100 from the property li (B) Additional S dards in Economic Developmen stricts (1) E for storage for materials, supplies, and equipmen y only be located at e side or rear of a building and only in totally enclosed scr ed areas. Exterior storage areas must never be located to the front of any building ess screened from view through the use of fencing, walls and/or landscaping, in ac ance with Section 6.8 of this Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 6-16 Article 6: Development Standards 259 Section 6.6:Additional Standards for Overlay Districts SECTION • •: ADDITIONAL STANDARDS FOR OVERLAY 6.6.1 ' hway 70/ ECOD ( Ingress and Egress Th following standards shall regulate ingress and egress points within corridor: (1) or purposes of determining the allowable number of ingres and egress points on y particular lot, all lots recorded at the effective dat f this Ordinance shall be gr ted at least one ingress and egress point per r d front unless access can be p vided through some internal means. Ho ver, minimization of the total numbe f driveways along the Highway 70 orridor is desirable through the use of shared ' eways or other access man ement techniques. (2) Entrances/Exits (a) On all corner lots, o vehicul openings shall be located closer than 60 feet from the point o ' ter ction of the street right-of-way lines. (b) To manage access o i way 70, corner lots may be required to provide ingress an r egre from the adjacent street. (c) Entrances/exit hall not exceed feet in width measured at the property lin - owever, in instances ere parking lots serve tractor/tr 'er traffic, the driveway entra /exit may be increased to 40 feet in idth. (d) E i s for parking facilities containing more than parking spaces shall ontain holding lanes for left-turning and right-turns traffic unless the Planning Director determines that due to the physical atures of a site, holding lanes would be unsafe and in accordance with es blished 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 roa 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 SpeGial Use Permit r Gendit'Gnai DiStFiGt pFeSGribedan 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 us nd each of the contiguous non-residential land u s will have direct frontage along Highway 70, t n the County all require shared driveway cuts fo I such con ous non-residential land es. b. In the e t that shared driv ay cuts are required, then the owners o e conti us parcels shall execute reciprocal easeme greements between the separate property owner nd h the same recorded in the Office of th range Count egister of Deeds prior to the iss nce of a Zoning Comp e Permit. The e ment agreement shall be sufficie o allow for the evelopment of a service road to channel ess from Highway 70 to each property. Figure 6.6.2.A.3 ows an example of the shared access. Orange County, North Carolina—Unified Development Ordinance Page 6-22 Article 6: Development Standards 260 Section 6.7:Additional Standards for MPD-CZDCD Landscaping shall be in accordance with an approved lands Ing plan. (4) eas left in a natural state shall remain undist d except as follows: (a) wit e buffer areas, necessar ' ress, egress and utility service may be allowed, o other dis ance for site improvements shall be permitted. (b) Selective cle i g of vegetatio be allowed only to remove diseased trees ees weakened by age, stor a or other injury. (5) Non-r ential uses within Transition Areas, as designa the mprehensive Plan, may provide one break in the required bu er lot adjacent to the interstate right-of-way in order to provide an on co cial sign and/or building visibility. The break shall constitute no more than 509%. o interstate highway frontage. SECTION 6.7: ADDITIONAL STANDARDS FOR MPD- 6.7.1 Master Plan (A) All applications for the MPD-SZ-CD 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: Map of the development site, including the following: (a) Overall acreage of the site, (b Adjacent rights-of-ways, (c) oning designation and current use of adjacent operties, including th e across rights-of-ways, (d) Strea and other environmental featur on-site and within 1,000 feet, and (e) Any existing s ctures or improv ents on-site. (2) General layout of develop ent, in ding the following: (a) Each development lot/p and acreage of each, (b) Interior roadway pla , with cr s section detail also showing drainage, (c) Proposed acce points, and (d) Proposed -site recreation and/or op space. (3) Proposed Us (a) Al ses proposed within the development shall shown on the Master Ian. (b For developments with more than one development lot/ d, the proposed uses shall be listed for each lot/pod. (c) More than one use may be approved for each lot/pod. Howeve , he Master Plan shall include a compatibility matrix to limit conflicts bet en adjacent uses. Orange County, North Carolina—Unified Development Ordinance Page 6-31 Article 6: Development Standards 261 Section 6.7:Additional Standards for MPD-CZDCD (v) Electrical service, (vi) Cable, (vii) Telephone, (viii) Fiber Optic, and (ix) Other. (b) onsite utility lines shall be undergrou , unless approved by the Boa of County Commissioners. (7) Master Sign PI (a) A master si Ian, consisten ith the standards established in Section 6.12, shall be r iewed and pproved as part of the Master Plan. (b) The sign plan shall cl e the following: (i) Location an si of all signs proposed on-site, including wall signs, id ificatio igns, informational signs, etc., (ii) Illumi tion specificati s of signs, if any, (iii) erials (signs and suppo ), (iv) Planting details for ground and le mounted signs, and (v Any other information requested by a Planning Director and/or Board of County Commissioners. (8) Arc tectural Concept Plan An architectural concept plan shall be required for deve ments with multiple buildings and development lot/pods. The plan sh 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-GZCD. 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 GZConditional District rezoning application. 6.7.2 Permitted Adjustments (A) The MPD-GZ-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 Article 6: Development Standards 262 Section 6.7:Additional Standards for MPD-CZDCD (b) The acreage of each development lot/pod may be adjusted by u o 15%, provided the acreage of the entire development site rem ns the same and a plat has not been approved for the property. (2) dways &Access Points (a) Shifts in the interior roadways/rights-of-ways shall b considered rmitted adjustments provided the following con ions are met: (i) The roadway/right-of-way is moved I s than 50 feet to either ide, (ii) Th oadway/right-of-way widt emains the same, and (iii) The roa way/right-of-way s ft does not cause a change in the location o esign of any ' tersection with a roadway exterior to the develop nt. (b) Shifts in the location of ro ay access points interior of the development shall be a r "tted adjustment, provided the number of access points remain consist t with the approved Master Plan and the locations meet all s aration req i ements established within this Ordinance. (c) All points of cess from roadways exter r to the development shall be as approv on the Master Plan. (3) Utilities (a) Sh' s in the location of utilities serving the develop nt shall be a rmitted adjustment provided the changes are consis nt with the following: (i) The proposed changes do not impact any perimeter ffers and/or setbacks established on the Master Plan. (ii) On-site stormwater ponds shown on the Master Plan that ar considered part of the buffer for incompatible uses, shall not b shifted more than 50 feet along the perimeter property boundary. Figure 6.7.2.A: MPD-GZ-CD Permitted Utility Adjustments Example _. Plan 7 7 Shift¢50' 0 o Approved Utility Approved Stormwater Pond Permitted Utility Adjustment Revised Stormwater Pond Required Setback[Nat Adjustable] Orange County, North Carolina-Unified Development Ordinance Page 6-34 Article 6: Development Standards 263 Section 6.7:Additional Standards for MPD-CZDCD (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. 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 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 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. (E) The Planning Director shall certify that all conditions imposed by the Board of County Commissioners with the approval of the MPD-GZ—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. I. . Start of Construction & Extensions (A) ite plans shall be approved and construction started in accordance e time proved with the Master Plan. If the site plans not been approved or no construc ' as started within the stated ti es, the Master Plan becomes void and of no t. The own request an extension from the Board of County Commissioners upon vorable recommendation of the Planning Board, if the request is r ed before the ter Plan expires. (B) No change be made to the conditions of approva xtension requests. A al of a time extension shall be based on evidence presen the applicant showing that approvals have been pursued in a timely manner, and that a ave 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. (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. Orange County, North Carolina—Unified Development Ordinance Page 6-35 Article 6: Development Standards 264 Section 6.7:Additional Standards for MPD-CZDCD (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. COVERTABLE 6.7.5.C:SPECIFIC STANDARDS FOR HILLSBOROUGH EDID MINIMUM ZONING MINIMUM SETBACKS LOT MAXIMUM MAXIMUM ZONING SIDE IMPERVIOUS HEIGHT DISTRICT AREA WIDTH FRONT REAR ONE SURFACE (FEET) (ACRE) (FEET) (FEET) (FEET) SIDE COMBINED STREET 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-SZ-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-SZ-CD rezoning application is approved with a Master Plan, the approval does not obviate the need to obtain a Glass n SpeGial Use Permit er site plan approval for the individual "pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) n Glass n Sp8Gial Use Permit shall be r re,t 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 3.2(E)5.21.2 for standards for uses requiring a Glass o Speoial I Ise Dormi+Conditional District approval. (3)NO aP86al use permit governed by an approved MDD-G-7 Master D�Tan may be denied for reasons set forth in Sen+inn 2 5 nr Artinle - of this Qrdinanoe if the hasis for su r-h menial invnl•yes an element or effort of the development that has been s r•ifiGally addressed and approved in the ADD CZ Master Plapprean yal nFeGGSS, unless o of the follewinn oendi+ions apply: (a) It demonstrated that the information presented to the Beard of f oUn+y(`ommissinners at the MPD CZ Master Dlon approval stage was materially false o isleaydin.. o (bb) Conditions a;ye nhanged substantially n a manner that nni ild- not reasonably have been antininated o Orange County, North Carolina-Unified Development Ordinance Page 6-36 Article 6: Development Standards 265 Section 6.8: Landscaping, Buffers&Tree Protection (c n has changed substantially On it pact or e 1�3ra�rr� changed-�9�� '�� s-FCC-p�-� C , (d) A�baasis for genial for reasons eset forth in Section 2.5 or_Ai Article 5 demonstrated by clear and convincing evidence 135 {4}Ii3LA site plan shall not be accepted by staff for review until the MPD-GZ-CD Master Plan has been approved. (5) The PIaRRiRg DireGtGF shollurchave-the diSGFetiGR i) requIFe--a-l�6di�ICi�iiv^''rrt^e the approved na�07 Master D� aR sho„ld the submitted site plan Glat� , m 11 -PI anning rl�recter's epinieR, the pmvisions set forth in SeGtiGR F 7 5(D)(3) aheye SECTION • LANDSCAPING, i TREE PROTECTION 6.8. urpose and Intent The sta rds of this section provide for the preservation of existing vegetation for the installation an aintenance of new vegetation and other landscape arc ' ural features. The purpose of these sta rds is to: (A) Protect, preserve, enhance the visual a character, and value of Orange County; (B) Enhance the beauty of the b i en ment; (C) Enhance the priva nd welfare of citizens eparating incompatible land uses; (D) Allow for ecological benefits provided by plant ma i s including: protection of la rom erosion and storm water runoff; minimize noise, wa light and air pollution; mitigation of the heat island effect; recharging of aquifers; rotection 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-GZ-CD Master Plan, preliminary plat in the case of major subdivisions or a final plat in the case of minor subdivisions, is required. 3 Variations A) In some cases the strict adherence to this section of the Ordinance would ve no useful purpose, in which case the Planning Director, may modify the er and scape standards of this Section where: (1) The raphy of a site and/or the size of a propo lot are sufficient to serve the purpos a buffer; (2) Existing structures, i 'ties, gardens active farmland are located in the buffer or setback areas; (3) Existing vegetation is aged, u althy, or poses a safety threat; or (4) An existing re i nce or structure with esta ' hed lawn areas and/or plant beds is contai within a proposed subdivision lot. (B) The nning Director may require alternative buffers or Ian ing, including ations other than those typically required, when a modification to requirements of this section is warranted in order to meet the intent of the specified sta rds. (C) When a proposed lot includes one or more of the conditions listed above, the Planning Director is empowered to waive the requirements for screening or additional 135 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 Article 6: Development Standards 266 Section 6.8: Landscaping, Buffers&Tree Protection All shrubs shall be cold hardy and heat tolerant. (b) Upright shrubs shall be a minimum of 15 inches in heig t the time of nting. (c) Shrub hall not be planted closer than three f on center. Shrubs shall not be pla d closer than three feet to PI d trees, nor within six feet of existing pro cted trees; however, n ore than 25% of the root protection zone o existing tree y be disturbed with new plantings. (d) When planted as a he th aximum spacing for 24-inch high deciduous shrubs shall b inches on center. Spacing for other size shrubs shall be deter ' ed by Planning Director or designee based on the proposed s cies. (4) Preferred Species The Planning ' ctor shall maintain a list of plants by e and their preferred location or a on sites developed under this Section. The ' t shall include drough lerant and native species (5) P ibited Plants The Planning Director shall maintain a list of plants that are not permitted 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 Arboriculture136 (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 veget n that was required to meet the standards of this section die within two ye s of planting, the plants must be replaced with the same or compar a species. (2 The Planning Director may conduct inspections to monito a health and status f the required landscaping. 6.8.6 Land Use Buffers (A) Purpose Land use buffers are inten to screen a uffer lower intensity/density uses from incompatible higher intensity/de 'ty la uses. Buffers reduce adverse visual effects, as well as noise, dust, and odor. (B) Applicability Land use buffers will be quired based on the z ing district of the proposed use and the zoning district of a adjacent uses. (C) Location (1) quired land use buffers shall be located along the in ' r or street lot lines nearest the adjacent streets, land uses and/or zoning design 'ons. Buffers shall not be located on any portion of an existing or proposed street ri of way, drainage or utility easement. (2) No building or structure of any type shall be erected, constructed or installe ' a required land use buffer. 136 Correct misspelling. Orange County, North Carolina—Unified Development Ordinance Page 6-41 Article 6: Development Standards 267 Section 6.8: Landscaping, Buffers&Tree Protection (D) Land Use Buffer Table ZONINGTABLE 6.8.6.D: LAND USE BUFFERS OR OF . PROPERTIES LU csi U. LU LU • - RB,AR, R1 - A A B F E F F F E B B t R-2&R-3 A - A B F D F F F D B B am o R-4&R-5 A A - B F C E E F C B B R-8&R-13 B B B - F B D D F C B B U HP-GZCD F F F F - F F F F F F F in O/RM, NC-2, E D C B F - - - F B B D o LC-1 CC-3, GC-4,EC-5 F F E D F - - - F B B D `o El, I-1, I-2, I-3, F F E E F - - - F B B D E PID 0 N AS,ASE- GZCD D A A A F A A A F B B B Note: MPD-GZCD, R-CD, and NR-CD buffers to be determined at time of approval. E) Natural Buffers If there is existing, healthy, natural vegetation in the area of a required ffer, it must be preserved. If the vegetation is removed for any reason, o r than in a ordance with an approved landscape and tree preservatio an, the dime 'ons of the buffer shall be increased 50% and the ber of required plantings II be increased 50%. (2) The critical root es of trees within the buffer st be protected if the applicant seeks credit for pres ation of existing tree . For example, if a required buffer has a dimensional width 0 feet, and a critical root zone extends beyond the 30 feet, the buffer will be exte d he edge of the critical root zone in the area around the tree. (3) If necessary, a natural b r will be supp ented with additional plantings in order to meet the Co ructed Buffers standa established herein. (F) Constructed Buff (1) If existin antings are not sufficient to meet the buffer sta rds established in this ction, additional plantings shall be installed. (2) he plant units listed below will be considered comparable, and there interchangeable, as set forth below. Orange County, North Carolina—Unified Development Ordinance Page 6-42 Article 6: Development Standards 268 Section 6.8: Landscaping, Buffers&Tree Protection b. The location of the required interior landscaping is pt the option of the owner or developer and may includ median strips and required terminal islands. Figure 6.8. D:Vehicular Use Area Landscaping,Terminal Islands 0 JK © a Na more than ten parking spaces shall ��t � 9. ti be permitted in a continuous row without being interrupted by a terminal landscape island_ 19 Terminal islands shall have a minimum of 300 square feet and anted 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 veh' lar use a shalI be landscaped. Q A landscaped area of at least 10 feet in width shall be pr ided between t vehicular use area and the right-of-way. 6.8.8 Credits for Existing Vegeta on (A) Healthy veg tion that is retained may be credite toward landscaping requirements. (B) Vegetati to be saved shall meet all requirements of ection 6.8.4, Protection of Existin egetation. (C) He by canopy trees may be retained and credited toward I dscaping requirements i ach tree proposed for credit has a caliper of at least two inc s, 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 ees, deciduous understory trees, evergreen understory trees or shrubs. The i e of material shall not be taken into account except where such material is belo 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 sha 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 development137; (c) Loading areas; and 137 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 6-46 Article 6: Development Standards 269 Section 6.8: Landscaping, Buffers&Tree Protection (d) Trash handling facilities, including dumpsters and recycling. (2) All rooftop equipment shall be screened or setback so that it is not vi ' le from any adjacent right-of-way, except that solar panels shall be exemp rom screening requirements. (B) Standards Fe ures and uses specified above shall provide a visual obstructi from adjacent prop ies in conformance with the following standards: (1) a screen may be composed of view-obscuring veg ation used individually, or in mbination with a wall, semi-opaque fence, or b rm. The screen height shall be ei t feet from the ground, except that utilities nd trash handling facilities shall b creened to the height of the facilities s six inches. (2) A minimu opacity of at least 80%that obs res views from the ground to the height of the bject being screened shall attained. (3) Plant materials all be at least two fe tall at the time of installation and reach the desired height ithin three years f planting. (4) Except for screening ound roof- p equipment, one upright shrub of an evergreen species shall a inst ed per four linear feet of any wall or fence that faces off-site. (5) Trash and recycling contai er must be contained within a gated, durable and attractive enclosure, co atible ith building architecture. Shrubs shall be planted around the fo dation. (C) Fences and Walls (1) Fences and wal shall not be required to dhere to the setback requirements detailed withi his Ordinance but shall be I ated on the property of the individual er cting the structure. (2) Fences d walls shall be compatible with buildi architecture. (3) Fenc and walls shall be setback a minimum of ten eet from any property line adj fining a road right-of-way, either public or private, t ensure adequate site vi ibility. (4) Fences shall not exceed 12 feet in height. (5) Privacy fences shall be erected to that support posts and slats a visible and accessible from the individual's property that erected the structure. (6) Chain link fencing is not permitted in areas visible from adjacent prop rties, parking areas, street or pedestrian walkways unless it is screened thro h 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 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 Orange County, North Carolina—Unified Development Ordinance Page 6-47 Article 6: Development Standards 270 Section 6.8: Landscaping, Buffers&Tree Protection (such as a letter of credit or performance bond) sufficient to cover 110% f the installed landscaping costs has been posted with the Planning and I ections Department. 6.8.12 Additio I Standards for Economic Development Districts (A) L dscape and Tree Preservation Plan The Lands pe and Tree Preservation Plan shall be pr ared in accordance with the requirements Section 6.8.10. (B) Preservation Existing Features (1) Natural feature uch as streams a ponds, hillsides, rock formations, unique vegetation and nat I areas, wi ife habitats, and other similar features must be incorporated into the o rall elopment concept. (2) Building sites, parking ar and other uses shall be situated in such a way as to protect existing tree st k have a diameter of one-foot or greater when measured four and half feet abo ground level. (3) Trees to be sa d shall be noted on th andscape and tree preservation plan and appropr' a measures to protect the t stock from damage during construct' n, including no grading within the c i ical root zone, shall be indicated in acc dance with Section 6.8.4. (4) Were possible, trees shall be protected in stands or sters. (5) The siting of buildings shall take advantage of scenic views nd take into consideration the impact of new structures on views from off-s . 6) Where ever possible, access to views are to be preserved for adjac t property owners and passing motorists. (7) Scenic views and visual elements within the visual corridor shall be identifie nd 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 6-50 Article 6: Development Standards 271 Section 6.8: Landscaping, Buffers&Tree Protection TABLE 6.8.12.C: LAND USE BUFFER SCHEDULE A IS ABUTS THIS EXISTING LAND USE... "A"PROVIDES WHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE ACROSS A BUFFER WIDTH OF.... DEVELOPED . FROM PROPOSED DEVELOPMENT 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 5.2-.2 50 Residential, all types Interstate Highway See also Section 6.6.84 100 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-.2 N/A Finance Interstate Highway See also Section 6.6.84 100 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-.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-.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 6-52 Article 6: Development Standards 272 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-SZ-CD 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 profession ngineer and shall contain all required information as detailed herei , (b) Plans, drawn to a maximum scale of one inch equal' 40 feet, shall s w the exact location, type, and height of all o oor luminaries, exis and proposed, including building, pol nd ground fixtures; (c) The plan s II include a detailed descri "on of the luminaries, including lamps, poles o ther supports and fielding devices, which may be provided as catalo a illustratio and product specifications from the manufacturer. As pa t1h equirement, all lighting plans shall contain inset drawings of all pro d lighting fixtures including any directional controls (i.e. shields, lectors, efractors, etc.)that will aim and limit the angle of illuminati . The lighting tail shall also show the vertical angle of ilium' tion for all proposed i res that will be used to determin a required shielding angle; (d) Ali ing plan shall delineate the horizontal pos i n of all lighting fixtures oposed for a parcel of property; and (e Photometric data, such as that furnished by the manufact r, showing the angle of light emission and lumen output shall be require . n example of a photometric plan is as follows: Orange County, North Carolina-Unified Development Ordinance Page 6-69 Article 6: Development Standards 273 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; Signs shall be erected only after a Building Permit authorizing oinstruction on- site has been issued; and (4) igns must be removed within seven days after constru ion work has been c pleted and the certificate of occupancy has been i sued. (G) Direction /Informational Signs (1) May be di layed on parcels of property utili d for non-residential purposes. (2) May not exce two square feet in area. (3) May contain corp to logos or other milar graphical displays so long as they provide some neces ry informatio to patrons (i.e. entrance and exit locations, one-way entrance way , drive t ugh entranceways, ATM location, etc.). (4) A maximum of three directi I/informational signs may be displayed on a non- residential parcel of prop e y. (H) Temporary Real Estate igns, in ex ss of four square feet in area (1) One sign shall be ermitted per buildi site, not to exceed 24 square feet in area. (2) Signs shall of be placed within any public s et right-of-way. (3) Signs st be removed after property has been nsferred. (1) Landm Signs Signs s II be erected only after the historical significance of the rticular site has been verifi and that proposed location of the sign has been approved b the Orange County PI ning Department and all other related agencies (i.e. NC Departme of ansportation). 6.12.12 Si s Permitted in Specific Zoning Districts he following signs shall be permitted in the zoning districts indicated, in accordance with a 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, a44d-R13and R- 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 6-81 Article 6: Development Standards 274 Section 6.12: Signs (a) For the purpose of amortization, nonconforming flags may be co ued from the effective date of this subsection for a period not to eed one year. (b) s which were unlawful under the prior versio and which do not confo to the current ordinance, must be r oved immediately. (c) Any flag or fl ole which is altered, ocated, or replaced, must be immediately brou into compli e with all provisions of this code. (4) Depictions of flags, when placed structures, shall comply with the remaining provisions of this Section. (B) On-Premise Commercia igns (1) These signs s comply with all state and county bu' 'ng codes and the National tric Code. Clearance of signs is required fro igh voltage power lines signs shall be located in such a way that they will ma in horizontal vertical clearance of all overhead electrical conductors in accor ce with the National Electric Code specifications, provided that no sign shall be i alled closer than ten feet horizontally or vertically from any conductor or public utili 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, HP-GZCD, ASE-GZCD, REDA-GZCD-1, NR-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 us nr conditional zening 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 and MPD-GZ-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 6-82 Article 6: Development Standards 275 Section 6.12: Signs 6) The height of an off-premise commercial sign shall not exceed 25 fe from the grade of the right-of-way or surface grade beneath the sign, whi ever is less. The clearance of an off-premise sign shall not be less than e' t feet from the g de of the right-of-way or surface grade beneath the si , whichever is less. (7) Off-pre 'se commercial signs shall be limited to 48 quare feet of sign area. (8) In no case s I an off-premise commercial si a located closer than 1,000 feet to an existing o remise commercial sign. (9) Off-premise commerc signs are pro ' ited within the Major Transportation Corridor(MTC)overlay di ict. (10) No person may, for the purpo f increasing or enhancing the visibility of any off-premises commercial n, dam e, trim, destroy, or remove any trees, shrubs, or other veget on in the follo locations: (a) Within th right-of-way of any public eet or road, unless the work is done rsuant to the express written au rization of the North Carolina D artment of Transportation; (b) On property that is not under the ownership or co of of the person responsible for such work, unless the work is done p uant to the express authorization of the property owner where the ve tation is located; and, (c) In any area where such vegetation is required to remain under a p it 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, ASE-GZCD, REDA- GZCD-1, NR-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 use^"conditional zonlogdistrict 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, and MPD-GZ-CD signage shall not exceed 64 square feet in area for parcels that: (a) Are larger than 60,000 square feet in area, and (b) Contain a structure with more than 100 linear feet of building length facing a public right-of-way, and Orange County, North Carolina-Unified Development Ordinance Page 6-84 Article 6: Development Standards 276 Section 6.12: Signs (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-S-ZCD, ASE-CZCD, REDA-CZCD-1, NR-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-SZCD, ASE-CZCD, REDA- GZCD-1, NR-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-SZCD, ASE-SZCD, REDA- GZCD-1, NR-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. (2) Awning Signs shall be located above the main entrance to a nonresidential land use and shall contain the name of the use. Orange County, North Carolina—Unified Development Ordinance Page 6-85 Article 6: Development Standards 277 Section 6.12: Signs (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, second wall sign may be erected on the building II facing the second street right-of-way subject to e requirements of this Ordinance. b. If a building fagade faces athletic fields or o er similar recreational areas on the property, a sec d wall sign, up to 32 square feet in area, may be er cted facing these facilities, not to exceed the allo able sign area as calculated herein, C. Under no circumstances may mo than one wall sign be located on the same building f ade. (v) The ma 'mum sign area shall be de rmined as follows: a. On square foot of wall 'gn area for every linear foot of buildi length along ight-of-way or facing an athletic field or ' ilar recre tonal use, not to exceed 32 square feet in are (vi) A changeable copy si can be utilized as a wall sign. (vii) Wall signs shall not ten above the soffit, parapet, or eave line of the building to ich it is tached. (viii) The sign may internally illu ' ated or have external illumination i tailed consistent w the provisions of this Ordinance (c) Informational Si ns (i) Sha e allowed in an effort to provide info ation concerning in vidual recreational amenities available on e property and e limited to those signs necessary to identify t name of a specific recreational facility, amenity, or use. (ii) Signs shall be no larger than 20 square feet in area. 1i) The sign shall contain information identifying the recreati al amenity. (iv) The number of signs shall be directly proportional to the numbe of individual recreational amenities present on the site. Orange County, North Carolina—Unified Development Ordinance Page 6-88 Article 6: Development Standards 278 Section 6.14: Stormwater Management (3) Deviations from these standards may be allowed as approved /ated basis. (F) Total Nutrient Removal Rates Total nutrient removal rates of SCMs, as well as SCMs in a series, will pursuant to the approved accounting tool. 6.14.8 Peak noff Volume (A) Standards for Falls Lake Watershed (1) For all new development, there shall be no net increase i peak flow leaving the ite from the predevelopment conditions for the 1 year, 4 hour storm. (B) Stand ds for Jordan Lake Watershed (1) For al ew development there shall be no net in ease greater than 10% in peak flow lea i g the site from the predevelopment onditions consistent with 15 A NCAC 02 1002 (44) and the NCDEQ Stor ater Design Manual.. (C) Calculating Peak unoff Volume (1) The following are cceptable method ogies for computing the pre- and post- development condi ' ns for the 1 ye r, 24 hour storm: (a) Rational Meth (b) Peak Discharge t d as described in the USDA Soil Conservation Service's Technic elease Number 55 (TR-55), (c) Alternative met ds m t be approved by the County. (2) The same method st be used fo both the pre- and post- development conditions. 6.14.9 Stormwater Management PI (A) Required App oval The Erosion Co trol Officer shall not issue any permits new development on any land within Orang ounty subject to the provisions of this Sec i n, unless and until a Stormwater anagement Plan has been reviewed and appr ed in accordance with Section 1.1 of this Ordinance. (B) C pliance with Requirements An person engaged in new development activities as defined by this ection who fails to fi e a plan in accordance with this Ordinance, or who conducts any new evelopment except in accordance with provisions of an approved Stormwater Manage ent plan shall be deemed in violation of this Ordinance. (C) Enforceable Restriction Approval of the Stormwater Management plan shall require an enforceable restrict n on property usage that runs with the land, such as a recorded deed restriction or protec , e 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'38 138 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 6-101 Article 6: Development Standards 279 Section 6.14: Stormwater Management stormwater control structure and the operation and maintenance an or manual. After notification by the owning entity, the Erosion Co rol Officer shall inspect and approve the completed improveme s. (5) Annual Maintenance Inspection Fee (a) The Fee for the first year shall be paid before: (i) The release of any Final Certificate of cupancy for Non- Residential Properties. (ii) The release of the construction nd for Residential or Non- Residential Properties. (b) The a shall be based upon the rrent Orange County Planning Fee Schedu and shall be paid to range County following each annual inspection. (c) Failure to pay t Annu aintenance Inspection Fee shall be deemed a violation of this d' ance. 6.14.11 Amendments to Approved Plans and ecific ions (A) Minor Amendments to lans and Spec 'cations (1) Amendments t e plans and specificatio of the SCM and/or the operation and mainten ce plan or manual may be ap ved by the Erosion Control Officer, pr ided that the changes do not involv change in the size or location of the s ucture. (2) Pr osed changes shall be prepared by a North Caroli registered professional gineer or landscape architect (to the extent that the Ge al Statutes, Chapter 89A, allow) and submitted for review by the Erosion Control icer. (3 Erosion Control Officer Review (a) If the Erosion Control Officer approves the proposed changes, e owning entity of the stormwater control structure shall file sealed pies 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 regular business139 meeting. B) Major Amendments to Plans and Specifications ( ,Amendments to the plans and specifications of the SCM and/or operation an intenance plan or manual which involve a Chan a size or location of the structu be approved by the Board o!_CauMy Commissioners after receiving a recomm tion from the Er Control Officer. (2) Proposed changes shall be by a North Carolina registered professional engineer or landsca itect (to the a that the General Statutes, Chapter 89A, allow) a mitted to and reviewed by th sion Control Officer. (C) Revisi Plans Found to be Inadequate e County finds that the operations and maintenance plan or manual is inadequ r any reason, the owning entity shall be notified of any required changes and shall prepare 139 Conforming to updated term for BOCC meetings. Orange County, North Carolina—Unified Development Ordinance Page 6-106 Article 6: Development Standards 280 Section 6.16: Environmental Impact Reports (4) Permit and facilitate full enforcement of all ordinances and regulaLe concerning the environment in an efficient, coordinated a mprehensive er. (B) The intent of the lations and standards i ed in this Section is to provide a mechanism for full disc a of antic' ed impacts of developments as herein defined and to make such info n publicly available so that citizens of the county may have input into de pmental iss efore they become moot. (C) Specifically intent of the regulations and stan included in this Section is to requ' a preparation and evaluation of environmental i t documents for ojects that either require certain state permits, or require a loca d use permit for development within environmentally sensitive areas, as provided in Sec 1 .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 ""�,PD o=a 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. 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 ned by the North arolina Department of Health and Human Services (Ha dous Waste Branch of id Waste Management Section); and/or (2) Involves an integral part of the operation of mmercial or industrial activity more than 1 , 0 gallons per day of water ge, exclusive of domestic water (25 gpd per emp e), and water used climate control (air conditioning and heating); and/or (3) Require grading in excess o 00 square feet, exclusive of roads, for non- residential or attached res' nti evelopment; and/or (4) Require grading in a ess of 40,000 s re feet, exclusive of roads, for non- residential com ents of residential deve ment(golf courses, recreation facilities, an a like); and/or (5) Requir any of the following Environmental permits: A Mining Permit pursuant to the NC Mining Act. (b) A State NPDES (National Pollutant Discharge Elimination stem) Permit, as administered by the NC Division of Water Quality. (c) A Non-Discharge Permit for a land application waste disposal syste Orange County, North Carolina—Unified Development Ordinance Page 6-126 Article 6: Development Standards 281 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, SZ--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) GZ-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, GZ-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 r,,nditional Use DiStriGt„r MPD-GZCD, only one traffic impact study is required for speGiai use permit er Master Plan approval unless revisions are proposed that would increase traffic or change access. 17.3 Exemptions (A) Special use permits, subdivisions with 80 or more dwelling units, or site plan hat will generate traffic in excess of 800 trips/day may be exempted from the req i ements to prepare and submit a traffic impact study in accordance with the follow g: 1) If a traffic impact study has previously been prepared for this rticular project or development and there is to be no change in land use or d sity that would increase travel and no change in access to the external eet system, or (2) terial is submitted to demonstrate that traffic cre d by the proposed dev ment or subdivision, when added to exist' g traffic, will not result in a need fo ransportation improvements. (B) The Planning Di ctor shall review material s mitted in support of an exemption and will determine from at material whether o of to grant the exemption. (C) If an exemption is grant , document ' n of the exemption will be submitted as part of the staff recommendatio 6.17.4 Scoping Meeting (A) Prior to the preparation he traffic i act study, a scoping meeting shall be held, including the plannin aff, the applican , nd the preparer of the study. (B) The discussion a is meeting should set the udy parameters, including the f/2nned lli rea, ed and committed roadway improvements (by DOT or others), links and intersections to be analyzed, inary traffic distribution, planned or approved developments to be considered, c growth rate, able data, Orange County, North Carolina—Unified Development Ordinance Page 6-130 Article 6: Development Standards 282 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 com ' ation of the existing traffic generated by the proposed development, and traf c due to other developments and other growth in traffic that would be expect to use the roadway at the time the proposed development is completed. 2) If staging of the proposed development is anticipated, calculati s for each stage of completion shall be made. (3) This analysis shall be performed for average weekday traf the peak highway our(s) and if appropriate, peak development generated our(s)for all roadways a d major intersections in the study area. (4) Vol e/capacity calculations shall be completed fo all major intersections. It is usuall t these locations that capacity is most re ricted. (5) All acces oints and pedestrian crossings sh be examined for adequate sight distance an for the necessity of installing tr fic signals. The traffic signal evaluation sha compare the projected traf c and pedestrian volumes to the warrants for traf signal installation. (F) Conclusions and Rec mended Impr ements (1) Levels of service for al oadways d signalized intersections serving 10% or more of peak hour projec raffic all be reported. (2) All roadways and/or signaliz intersections showing a level of service below D in urban or developed area or elow C in rural areas shall be considered deficient, and specific rec men tions for the elimination of these problems shall be listed. This listi g of reco ended improvements shall include, but not be limited to the follo ng elements: (a) Internal cir ulation design, (b) Site ac ss location and design, (c) Exte al roadway and intersection desi and improvements, (d) T ffic signal installation and operation, inc ding signal timing, and (e) ransit service improvements. (3) All ysical roadway improvements shall be shown in ske hes. 6.17.6 Submission a Implementation The traffic i act study will be submitted to the Orange County Planning Depart\rece applicable 'me frame indicated herein and reviewed as part of the development Recom ndations will be incorporated into the approval process as indicated h ( Special Use Permit (1) Time of Submission The traffic impact study shall be submitted to the Planning Depa 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 6-133 Article 6: Development Standards 283 Section 6.17: Traffic Impact Analysis (c) The Board of County Commissioners or Board of Adjustment—, as appropriate, 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. Subdivision Review ( Time of Submission The sketch plan should be sufficiently detailed to all he Planning epartment to assess the need for a traffic imp study. (b) The is impact study shall be submitte o the Planning Department with and art of, the preliminary application for subdivision approval. (2) Implementation (a) The Planning De ment a other agencies or officials as appropriate, shall review t impact study to a I ze its adequacy in solving any traffic pr ems that will occur due to subdivision. (b) T Tanning Department and Planning Boa ay recommend and the oard of County Commissioners may decide tha rtain improvements on or adjacent to the site are mandatory for plan appr I 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 resubmit alternative improvement designs for approval. (C) GZ-Conditional District Application (1) Time of Submission The traffic impact study shall be submitted to the Planning Department with and as part of, the GZ-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 developme . (b) The Planning Department and Planning Board may rec mend and the Board of County Commissioners may decide that ain improvements on or adjacent to the site are mandatory for approval and may a h these conditions to the approval. (c) If the Boar County Commis ' ers concludes that additional improvements ar cess , the applicant shall have the opportunity to resubmit alternative i ement designs for approval. (D) Site Plan Approval (1) Time of Sub ' sion The is impact study shall be submitted to the Planning D ment with and part of, the site plan. Implementation Orange County, North Carolina—Unified Development Ordinance Page 6-134 Article 6: Development Standards 284 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 Special Use Perm itConditionalDistrict, site plan, G' appliGatien or 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. ( 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 own ship by q lifying buyers in accordance with the following eligibility c ' eria. (a) amity income, as defined in Article 10 of this O finance, at the time of p hase shall not exceed the limits set fort i Section 6.18.3. Qua ing buyers may have up to$10,00 in net assets, as defined in Article 1 f this Ordinance, at the tim f purchase. (b) At least one mber of a qualifyi household must have lived or worked in Orang ounty for t past 12 months. (2) The contract shall apply to ea c o e reserved lots, and shall continue to affect a particular lot for a minimum ri of 15 years after the initial sale of that lot. (3) There shall be no occupa y of the uni rior to its sale to a qualifying buyer. (4) The contract shall in de a timeline by whic onstruction and sale of the reserved units will e accomplished. (5) The resale pr' e of any reserved housing unit shall n at any time during the life of the con ct, exceed the maximum amount affordable the purchasing house d. (6) T maximum sale or resale price shall be determined by HCD, c culated by sing HUD modeling for housing affordability. HUD modeling takes 1 o consideration assumptions such as interest rates, percentage of annual ' come 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 cnoG„l Use Permit and rezening of 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 Special Use oor itConditional District, site plan, GZ appliGatien 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: Orange County, North Carolina—Unified Development Ordinance Page 6-136 Article 6: Development Standards 285 Section 6.19: Adequate Public Facilities: Schools (1) All rental applications shall be approved by(HCD)toassyFe ensure occupancy by qualifying households in accordance with the following eligibility criteria. (a) Family income, as defined in Article 10 of this Ordinance, at the time of rental shall not exceed the limits set forth in Section 6.18.3. Qualifying renters may have up to $5,000 in net assets, as defined in Article 10 o this Ordinance, at the time of initial rental. (b) At least one member of a qualifying household must have lived or worked in Orange County for the past 12 months. (c) Families whose income increases above the eligibility requir ents may continue to occupy the rental unit, unless otherwise requir through terms of the rental agreement between the lessor and le ee. Every change in occupancy during the 15 year term of the co act shall be approved by HCD to assure continued compliance with eligi ility criteria. (3) Maximum Allowable Rent a) The maximum rent allowed shall be compute y multiplying the applicable percentage of median income by e value of median income at the time of the transaction, then multipl ' g the resulting value by the maximum percentage of income spent if housing, as recommended by he mortgage banking industry. (b) Th value for median income used ' calculating maximum allowable rent hall be adjusted to reflect t maximum family size appropriate for the nu ber of bedrooms, as d rmined by HCD. 6.18.6 Disclosure of Contract Terms to otential Home uyers (A) Staff from the Planning D artment nd the Department of Housing and Community Development shall meet wit the ospective buyer prior to the purchase to assure that all terms of the contract a Ily understood. Explanation of the terms of the contract shall include the follo implication: (1) Building permits for the ' prov ents to the structure may be obtained if the owner wishes to rem el or con uct an addition, or construct accessory structures. Howev there is no a urance that the investment will be regained if the unit is sold for to the expiratio of the contract due to the requirement that it be purchased y a moderate income ousehold. (B) Home ownershi counseling shall be made a ilable to first time buyers to provide information on uch topics as insurance and mai tenance. The counseling shall be provided by e Department of Housing and Com unity Development. 6.18.7 Conveyance of Pro rty to Orange County (A)/An nated to Orange County pursuant to Section 6.1 3(D)to enable a developer a density bonus shall be donated in trust for the p pose of the ment of affordable housing. (B) ement between the developer and Orange County and t e instruments of nce shall insure this trust as determined by the County At rney. SECTIONA■ • SCHOOLS 6.19.1 P rpose The purpose of this Section is to ensure that, to the maximum extent practical, approval new residential development will become effective only when it can reasonably be expected tha adequate public school facilities will be available to accommodate such new development. Orange County, North Carolina—Unified Development Ordinance Page 6-137 Article 6: Development Standards 286 Section 6.19: Adequate Public Facilities: Schools Adequate Public School Facilities (CAPS)for the project has been issued by the School District. (B) A CAPS shall not be required for a gconventional or conditional district rezoning OF SP8Gial Use FeZG iRg or for a master land use plan. However, even if a rezoning or master plan is approved, a CAPS will nevertheless be required before any of the permits or approvals identified in subsection (A) of this section shall become effective, and the rezoning of the property or approval of a master plan provides no indication as to whether the CAPS will be issued. The application for \ rezoning or master plan approval shall contain a statement to this effect. 6.19.6Exp(irati A CAPS must be obtained from the School District. The School District will i ue or deny a CAPS in accordance with the provisions of the MOUs. A CAPS attaches to the land in the same way that development permis ion attaches to the land. A CAPS may be transferred along with other interests in e property to which such CAPS is issued, but may not be severed or transferred eparately. of Certificates of Adequate Public School Facilities A CAPS iss d in connection with approval of a site plan, special use p rmit, a major subdivision preliminary pla or a minor subdivision final plat shall expire automati Ily upon the expiration of such permit appr val. 6.19.7 Exemption From CA S (A) In recognitio f the fact that some new develo ent will have a negligible impact on school capacit , a CAPS shall not be require for the following: (1) Residential de lopments restricted b law and/or covenant for a period of at least 30 years to ousing for the eld rly and/or adult care living and/or adult special needs; (2) Residential developme is rest 'cted for a period of at least 30 years to dormitory housing for university stu e s. (B) If the use of a development r tr ted as provided herein changes, then before a permit authorizing such ch ge of e becomes effective, a CAPS must be issued just as if the develop men ere bein onstructed initially. 6.19.8 Previously Approved Projects d Projects Pendi Approval (A) Except as otherw' e provided herein, the pro ' ions of this Section shall only apply to applications for pproval of site plans, special u permits, major subdivision preliminary p is or minor subdivision final plats th t are submitted for approval after the effectiv date of this Section. (B) The pro sions of this Section shall not apply to amend nts to site plans, special use p mits, major subdivision preliminary plats or minor s bdivision final plats iss d prior to the effective date of this Section so long as th approvals have not e ired and the proposed amendments do not increase the nu ber of dwelling units uthorized within the development by more than 5% or five dwell g units, whichever is less. (C Special Exceptions (1) The Board of County Commissioners shall issue a special exception t the CAPS requirement to an applicant whose application for approval of a site plan, pecial use permit, a major subdivision preliminary plat or a minor subdivision fina lat covers property within a planned unit development or master plan project tha was approved prior to the effective date of this Section, if the Board of County Commissioners finds, after an evidentiary hearing, that the applicant has: Orange County, North Carolina—Unified Development Ordinance Page 6-139 Article 6: Development Standards 287 Section 6.21: Flood Regulations (3 The following provisions shall apply to all development within areas: (a) o encroachments, including fill, new constr ' n, substantial imp ments and other developments I be permitted unless it has been demo ated through hydr is and hydraulic analyses, performed accor o sta d engineering practice, that the proposed encroachment would It in any increase in the flood levels during the occurrence o e base floo . uch certification and technical data shall be pr nted to the Floodplain A istrator before issuance of flood n development permit. (b) f FEMA has approved a Conditional Letter of Map Revi ' CLOMR), then a Letter of Map Revision (LOMR) must also be obtained u completion of the proposed encroachment. (c) No manufactured homes shall be permitted. (D) Subdivisions, ManufaGtured 140Home Parks, and Major Developments All subdivisions, m.an if ^+, 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 er systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood ards. (4) Ha rovided all Base Flood Elevation (BFE) data ado by reference per Section . .3 of this Ordinance. (E) Effect Upon Outs ing Floodplain Develop t Permits Nothing herein contained shal uire any cha e in the plans, construction, size, or designated use of any developmen an art thereof for which a floodplain development permit has been grante e Floodplain Administrator or his/her authorized agents before the tim passage this Ordinance; provided, however, that when construction is not be under such outsta ing permit within a period of six months subsequent to age of this Ordinance or an evision thereto, construction or use shall be in conf ity with the provisions of this Ordina (F) Enforce t The pr sions of the SFHA shall be enforced in accordance with the requi ents co ined within Section 9.7 of this Ordinance. 140 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 6-150 Article 7: Subdivisions 288 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 District(R-CD or NR-CD)Slass A SP8G.a; Use M Major Subdivision, Class A Special Use, Rural Designated 0 tract of land On a Rural Designated area on the Growth Management System mop that is prepesed fnr a sl lhdnnsien of 21_40 Ints (3) Major Subdivision, Class A Snesial Use, Urban Designated . +rant of Ions! in an I Irhan Designated area on +he Growth Management System map that is proposed for a subdivision of:21-7a Ints (4)� Major Subdivision, Conditional Use, Rural Designated . +rao+of'and in a Rural Designated area n the Growth Management System map that is prepeserf fora u bdivisien of 41 o mere le+s (5) for Subdivision, Conditional Use, Urban Designated . +rag+of land in n Urban Designated area An thin (_reMh Management System (2) Major Subdivision, Conditional District(R-CD or NR-CD)141 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, Class cpeGial Use (Rural Designated er I lrhan Desi g n a+ed\S'tandard p or a Major Subdivision, Conditional Us-e- District(R l Desi ergnated- I lrhan Designated), 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. OF • A major subdivision m developed in phases, provided that: (A) Each phase co i at least five lots, unless cted on a phasing plan approved by the Board of County ission s part of the preliminary subdivision plat with the express determinat' proposed phasing makes it unlikely that a subdivider would w' i y abandon a fina a that contains a required extension of a road or o infrastructure; (B) a degree and extent of road, water supply, sewage disposal, water management, erosion and sedimentation control, and other required imp ents in 141 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 Article 7: Subdivisions 289 Section 7.11: Recreational Facilities (B) In all cases, the Recreation and Parks ArhA Parks and Recreation142 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. 11.2 Area Requirements (A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or ovided for in the subdivision plan, except where land is located within a Special FI od Hazard Area and/or is characterized by steep slopes (15% or greater), t n at least 1/20 of an acre of such land shall be dedicated for each dwelling unit. If the application of the provisions of Article 3 (Required Minimum creation Space Ratio, as shown on the table of each zoning district) and Section .3 (Land Use Intensity System)of this Ordinance results in a greater amount f land, then the ifference between the application of the standards above an those of the r erenced Articles shall be established as private recreatio for the use of the res ents of the development. (C) The to I land area dedicated as part of a nonresident' subdivision shall be determin d by an analysis of the site, the use(s)to located thereon and the designatio of recreation and/or open space sites s shown on the adopted Comprehens' a Plan. (1) The site an sis shall be prepared by th subdivider and shall identify in written and graphic f those areas characte ' ed by: (a) Steep sl es (15% or great ), (b) Special floo hazard are and wetlands, (c) Rock outcroppi s, (d) Mature woodlands trees of 18 inches or greater in diameter), (e) Existing structu s an cemeteries, and (f) Lakes, pond , rivers and ther water resources. (2) A written and gra is description sh I also be submitted by the subdivider which identifies: (a) The roposed use of each lot in t subdivision, (b) T e approximate amount of building nd parking coverage for each lot, nd (c) The approximate number of employees a ociated with each use. (3) 1 no case shall the total land area be less than that r quired by application of the rovisions of Article 3 (Required Minimum Pedestrian/L dscape Ratio, as shown on the Table of each zoning district) and Section 6. (Land Use Intensity System) of this Ordinance. 7.11.3 Site S ' ability Land provided or dedicated for active recreational purposes shall be o\utility slope, and location suitable for use as for play areas, tennis courts, m courts, picnic areas, ball fields, and other similar recreation uses. /(B)) Active recreation areas shall be located on land that is relatively flat(0 slopes), free of wetlands and/or flood plains, free of easements for pu 142 Update to current name, Orange County, North Carolina—Unified Development Ordinance Page 7-31 Article 7: Subdivisions 290 Section 7.11: Recreational Facilities transmission lines, and is otherwise capable of accommodating active re tion u (C) Land prove or dedicated for low impact recreation and o space purposes shall be of a character, e, and location suitable for use walking,jogging, reading and similar quiet activiti , nd the preservation atural features and cultural resources such as steep slope , ock outc s, native plant life and wildlife cover, mature woodlands, and water resou (D) In all cases, active and low i act recreation as well as open space areas designated in the ado Comprehensive Plan sha incorporated into the design of the subdivisio (E) Criteria f valuating the suitability of proposed recreation areas sh clude but not be ' i ed to the following: 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 BeardCouncil, 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 possib , reasonable accessibility to all residents of the subdivision and res' ents living in the immediate neighborhood. (d) Recreation areas shall be located where more/Comprehensive or recreational purposes due to shape, level slop conditions is present. (e) here proposed park sites are shown in the ansive PI , and a subdivision contains a portion oftthe deve er may be required to locate the rec ation area in accordance with the rk site as shown thereon. (2) Unity (a) Land dedicated recreation pu oses shall be a single parcel except where it is determin that tw r more parcels are suited to the needs of a particular subdivision. (b) The Planning Departm t d/or Planning Board may recommend, and the Board of County ommiss' ners may require, the dedication of a connecting path i ddition to the nd required in Section 7.11.2 above. 0) Wher a connecting path is n essary, a path right-of-way of up to feet in width may be requi d, but in no case shall the path ht-of-way be less than 30 feet in idth. (3) Accessibili (a) nd dedicated for recreational purposes shall have t least 50 feet of frontage on at least one street within the subdivision. ( Where a recreation area is not accessible due to lot arrang ent, the Planning Department and/or Planning Board may recommen , nd the Board of County Commissioners may require, the dedication of connecting paths which link the recreation area with other streets wi in the subdivision (see figure below). Orange County, North Carolina—Unified Development Ordinance Page 7-32 Article 7: Subdivisions 291 Section 7.11: Recreational Facilities IMPROVEMENTSTABLE 7.11.4.D: SITE RECOMMENDED RECOMMENDED SIZE RECOMMENDED AGE GROUP FACILITY SPACE AND DIMENSIONS ORIENTATION REQUIREMENTS 10'x52'with 2.5' clearance/both Long axis north- Senior Citizens Shuffleboard 570 sq.ft. endsouth 2' clearanc side 6' squa pitchers box Senior Citizens Horseshoe 240 sq.ft. eel stakes 1" Long axis north- ameter, 14"above south ground, spaced 40' apart 25'x55' playing area Long axis north- Senior Citizens Croquet Court 1, 0 .ft. with 2.5"clearance south on all sides Minimum table Park Bench /pe icnic to dimensions—36"W x None other than Families Picnic Tables residents 72"L x 30"H provision of shading Adults Grills with \ncho benches, for picnic tables and Senior Citizens Trash 50 sq.ft.of lander similar benches Recepta s per table ''ties securely to ground Minimu shelter dimensions— O'x30' with minimum o en Families picnic tables an Picnic Shelter One open shelter accompanying Seniordult zens Structure per 60 residents benches located None 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 Secti 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 R8Greatien a^4 oArUi; °d ^� 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 Article 7: Subdivisions 292 Section 7.12: Flexible Developments (i Composition Sites chosen for Secondary Open Space Areas must h e one or more of the following characteristics or uses: Woodlands Including forestland for the planting and p duction of trees and timber, where management pr ctices such as elective timber harvesting and wildlife nhancement are ployed. Such woodlands may con st of hardwood, pin , and/or mixed pine-hardwood f rests identified as part f: i. ANDSAT satellite data ollected and analyzed u der the Albemarle-P mlico Estuarine Study; ii. A si analysis cond cted by a registered engin r, land sury yor, landscape architect, architec or land anner using aerial photogra s an /or satellite imagery; iii. A required a ironmental assessment or environmen i pact statement; and/or iv. An indepe dent i e study conducted by a trained b tanist an or forester. b. Farmland i. Pri agricultural land a identified by the U. D.A. Soil Conservatio Service in "Important F rmlands: Orange County, C." and which is active use for the productio of crops and/or the raising of livestock is particu rly encouraged. ii. Farmland also includes space on in idual lots used for gardens, ponds, horse paddo s 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-Mtpj43 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. 143 Correct reference. Orange County, North Carolina—Unified Development Ordinance Page 7-42 Article 7: Subdivisions 293 Section 7.12: Flexible Developments (3) If the residential lots are proposed to be served by septic systems, the"Yi plan shall show soil suitability for individual septic tanks by a prelimina soil suitability analysis performed in the field on at least 50% of the pro sed lots with f the proposed lots located on a map showing the location soil types suited for s is systems based on the Orange County, N.C. Soil rvey. The soil suitabilit nalysis and map shall be prepared by a So' cientist in consultation with the Soil ientist of the Environmental Healt ivision of the Orange County Health Departme (4) The number of lots ac ' ved through th reparation of a Conventional Subdivision or"Yield" Plan ' the n er of lots which must be used in preparing the Flexible Development Plan. e number of lots may not be increased through the proposed use of an alt ative community sewage disposal system. Increases are permitte , owever, at t Preliminary Plan stage where a more detailed soils anal ' clearly demonstrate at a greater number of lots is achievable tha own on an approved Conce Plan. (B) Design Pro s Flexible D elopment subdivisions shall be designed around both Primary and Secon ry Open Space Areas, which together constitute the total requ d open space. T design process should therefore commence with the delineation of all tential open pace, after which potential house sites are located. Following that, access roa 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 7.4-413.2(A)(3).144 (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 . 2.4. Guidance as to which parts of the remaining land to clas ' Secondary Open Space Areas shall be based upon on-site visits d the criteria ntained in Section 7.12.4. (2) House Site L ation (a) Potential ho a sites shall be tentativ located. (b) The proposed loc ' n of house ithin each lot represents a significant decision with potentia ' a on the ability of the development to meet the criteria contained in 'on 7.12.4. (c) Generally, house s' s should be cated no closer than 100 feet from Primary Open ace Areas. (d) House�it i may be situated 50 feet from ondary Open Space Areas to pe the enjoyment of scenic views withou gatively impacting P ' ary Open Space Areas. (3) Str and Lot Layout a) Proposed streets shall be aligned to provide vehicular access to ch Z_11� house in the most reasonable and economical manner. 144 Correct reference. Orange County, North Carolina—Unified Development Ordinance Page 7-55 Article 7: Subdivisions 294 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 �3E7.12.4(C)'a5 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 areas which require a two-acre minimum lot size, one additional buil ng lot or dwelling unit is permitted. (c) For each one acre of Secondary Open Space Area preserved f-site in areas which require a 40,000 square foot minimum lot size, e additional building lot or dwelling unit is permitted. (3) L d purchased in fee may be dedicated to Orange County. F r land purchased in le than fee, a conservation easement dedicated to Ora e County shall be record which restricts the development potential of the nd. (4) Location o Open Space Bonus Units Density incre es to encourage additional open sp ce are limited to Flexible Developments posed in the following locatio : (a) Within Tran ition Areas as designat in the Land Use Element of the Comprehensi Plan. Within such reas, the maximum permitted density is 2.5 dwelling its per acre un ss the applicant obtains approval of a zoning district clas ification w ch permits a higher density. (b) Outside of Transition re but within an area designated for service by a utility provider as part f an adopted long-range water and/or sewer extension plan. Wit hi suc areas, the maximum permitted density is 1.3 dwelling units per re. (c) Outside of Tra ition Areas but ithin 3/4 of a mile of an interstate corridor or a ajor thoroughfare d ignated as a high occupancy vehicle (HOV)/bus ay route as part of an a ted regional transit plan. Within such are s, the maximum permitted de sity is 2.5 dwelling units per acre. (d) O ide of Transition Areas but within 1/2 mi of a transit station signated as part of an adopted regional tran ' plan. Within such areas, the maximum permitted density is five dwe 'ng units per acre. W' in these locations, public water and sewer service may b extended, ovided the applicant can demonstrate that such service is ne ssary to serve the density increases achieved through the use of the bonus opti (s) described above. 7.12.11 Additi al Submittal Requirements In dition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary is Minor Subdivision Final Plats, applications must: 145 Correct reference. Orange County, North Carolina—Unified Development Ordinance Page 7-59 Article 7: Subdivisions 295 Section 7.13: Specifications for Plat Drawings c) The date of preparation, (d) The Parcel Identification Number(PIN) number(s he lot(s)subject to application, (e) The pr sed property lines for each I (f) Common Op e Space lots, incl ng type and acreage, (g) A Site Analysis Map fined in UDO 7.13.2 (A)(3) below, (h) The delineation o ny kno and required stream buffers on the proposed lot (1) The osed method for ingress an ress including a description of each lot will be afforded access, 0 A narrative detailing the development of all prop ed roadways, (k) A private road justification, if required under Section 7. and (1) Any other reasonable relevant information. (B) Final Plat Final plats shall adhere to the specifications contained in Section 7.4-413146 3 7.13.2 Major Subdivisions (A) Concept Plan (1) In General (a) The required Concept Plan for Major Subdivisions con ' is of three parts: (i) A Site Analysis Map; (ii) A Conventional Subdivision Option- nd (iii) A Flexible Development Optio (b) Concept Plan shall be prepare according to the"four-step" process for d ' ning Flexible Developm t subdivisions, as described herein. (c) The Conc Plan shall be awn in black ink or pencil to a scale of not less than 200 et to the ' ch. The scale chosen shall be large enough to show all required ta' clearly and legibly. (2) Required General Infor do Each Site Analysis M and Develo ent Option shall contain the following general informatio : (a) A sket vicinity map showing the to ion of the subdivision in relation to t existing street or highway system; (b) he plotted boundaries of the tract from deed r maps of record and the portion of the tract to be subdivided; The total acreage to be subdivided, including tax map, ock and lot number reference; (d) The name, address and telephone number of the subdivider or ner and the person responsible for the subdivision design; (e) Scale, approximate north arrow and date of plat preparation; and (f) Name of subdivision. 146 Correct reference. Orange County, North Carolina—Unified Development Ordinance Page 7-61 Article 8: Nonconformities 296 Section 8.4: Non-Conforming Uses Incompatible with Permitted Uses (10) When it appears from the developer's plans or otherwise that the non-confor ing project was intended to be or reasonably could be completed in stages, segments, or other discrete units, the Planning Director shall not allo he non- conforming project to be constructed or completed in a fashion t is larger or more extensive than is necessary to allow the developer to r up and obtain a reasonable rate of return on the expenditures he has ma in connection with t non-conforming project. SECTION • USES It is the intent of this Ordinance that non-co riming uses s be considered to be incompatible with the Permitted Uses within the zoning districts. Suc on-co riming 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 gulate signs and to provide forth emoval of signs that are non- conforming according to the st dards set forth in Section 6.12. For signs existence on the date of adoption of this Unified De opment Ordinance (April 5, 2011): (A) ' in one year of notification by the Planning Director, each si which does not comply with the provisions of Section 6.2.10 shall either be altered ' 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 the 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 either a Class A er B 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. • NON-CONFORMING • Lot(s) created in conformity with the standards existing and enf by the County e time of its creation shall be allowed to be develope ' accordance with the provisio etailed herein. (B) Lots made non-co ing through a re g of property shall be allowed to be developed in accordance ' the isions detailed herein. (C) A one-family detached ing and c mary accessory structures may be erected, occupied and use a separate non-conforrn4QQ lot of record in accord with other requireme pplying in the zoning district in which of is located. (D) created in violation of the review and approval procedur�Iedshall not be recognized or permitted to be developed. Orange County, North Carolina—Unified Development Ordinance Page 8-3 Article 9: Enforcement 297 Section 9.4: Administration of Performance Standards (D) Any tenant or occupant of a property who has control over, or responsibility for, e use or development of the property. (E) Any other person who participates in, assists, directs, creates, or maintain situation that constitutes a violation of this Ordinance. 9.3.2 Charg s and Entities (A) A violation may be charged against more than one viola/ip, (B) F the purpose of this Article, the term "person" includlimited to any indi ual, group of individuals, or any corporation, partociation, comp or business, trust,joint venture, or other lega SECTION • OF • ' STANDARDS Determinations necessary for admi 'stration and enforcement of perf mance standards set forth herein range from those which can be made ith satisfactory accuracy by reasonable person using normal senses and no sophisticated equipment those requiring great chnical competence and complete equipment for precise measurement. It is a intent of this Or i ance that: (A) Where determinations ca be made by a Planning Director, using equipment normally available or obtain le with ut extraordinary expense. Such determinations shall be so made before notic of olation is issued. (B) Where technical complexity or ordinary expense makes it unreasonable for the County to maintain the perso nel or quipment necessary for making difficult or unusual determinations, pr cedures s II be available for causing corrections of apparent violations of p ormance stan rds, for protecting individuals from arbitrary, capricious, d unreasonable ad 'nistration and enforcement of performance stand regulations, and for pr ecting the general public from unnecessary cost for administration and enfor ment. SECTION • ' ' • 9.5.1 Responsibility for E orcement The Planning Dire or shall enforce this Ordinance and the remedies aut rized herein and shall have the author' to settle any violations that involve the payment of move to the governing body. 9.5.2 Inspecti s and Investigations /(B) A program of inspections and investigations to determine compliance with isOrdinance and orders, plans, permits, certificates, and authorizations issue nderthis Ordinance, is hereby authorized. 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)147, written notice of the violation, either+n porch„ or by^ortified- or registered mail return ro^o;n+ by personal delivery, electronic delivery, or first class mail.req4estc A^^^ �i" ^'^^ � 147 New requirement in NCGS 160D-404 and conforming language to new requirements. Orange County, North Carolina—Unified Development Ordinance Page 9-2 Article 9: Enforcement 298 Section 9.5: Enforcement Procedure ent by regular mail Service shall he deemed sufficient Of the notice by certified mail 4 E; unclaimed or refused, but the notice by regular mail is not returned by the post office within ten days after mailing, provided that a notice of violation is posted in a c nSnic„ „6 plane OR the premises affeGte,, 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 violatio , c) Specify a reasonable time period in which t violation must be corrected, (d) to the remedies and penalties thorized herein that the Planning Dire r may pursue if the vio ion is not corrected within the specified time limi , (e) Invite the alleg vi or to meet with the Planning Director to discuss the violation an it may be corrected, and (f) Contain a tement indic ' g that the decision referenced within the notice n be appealed to the ange County Board of Adjustment as de ed within this Ordinance. Th statement shall include language dicating that the appeal must be fille ithin 30 days from the date of the initial notice and shall provide the dea ' e for the submittal of the appeal application. 9.5.4 Appea (A) Any person aggrieved by the Planning Director's determination of a violatio r a correction order may appeal that determination or order to the Board of Adjust nt 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,148 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 the appeal and may affirm, modify, or revoke the Planning Director's de ination of a violation. (E) If the 's no appeal, the Planning Director's determin ' n of the nature and degree of the viola ' are final. 9.5.5 Timeline for Abatement The time allotted to abate an identified ati hall be at the sole discretion of the Planning Director and shall be based upon at is deemed a sonable amount of time to abate the identified violation. The foll ' g standards shall apply" (A) Within ays of receipt of an initial notice of violation, rrection order, or Stop Order, the owner of the property on which the violation curs may submit to the Planning Director a written request for extension of the specifi me limit for correction of the violation. 148 Update to conform to new language in NCGS 160A-388. Orange County, North Carolina—Unified Development Ordinance Page 9-3 Article 9: Enforcement 299 Section 9.6: Penalties, Remedies, and Enforcement Powers 9.6.1 In General (A) The Planning Direc pursue o more of the remedies and penalties described herein or otherwis prized by common law or statute to prevent, correct, or abate a ' ion of this Or ' ce. (B) Use o of the authorized remedies and penaltie s not preclude the use of y other authorized remedies or penalties, nor does it relie party to the imposition of one remedy or penalty from imposition of any other au d remedies or penalties. 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. WJ(11)L 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. - (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. 3 Permit Denial or Conditioning (A) As long as a violation of this Ordinance remains uncorrected, the Plannin erector may deny or withhold approval of any permit, certificate, or other autho ' ation provided for in this Ordinance that is sought for the property on whi the violation ccurs. (B) The nning Director may also condition a permit, certifi e, or authorization on the correctip of the violation and/or payment of a civil pe ty, and/or posting of a compliance curity. 9.6.4 Injunctive and Abatement Reli in Superior Court (A) A violation may be correct by any propriate equitable remedy, a mandatory or prohibitory injunction, or an or abatement as authorized by NCGS 153A-123. (B) The Planning Director shall ve th uthority to execute an order of abatement if the violator does not compl ith such orde , nd the costs of the execution shall be recovered by a lien he property in the n re of a mechanic's or materialman's lien. 9.6.5 Criminal Penalties (A) An erson, firm or corporation who violates the provisions o is Ordinance or fails comply with any of its requirements shall, upon conviction, be Ity of a Class 3 misdemeanor and shall be fined not more than a maximum of$500. imprisonment of up to 30 days, or both, for each violation, as provided in NCGS Sectio 4-4. (B) The Planning Director may refer a violation to the District Attorney for institutio f criminal prosecution of the alleged violator. 149 New requirement in NCGS 160D-403(f). Orange County, North Carolina—Unified Development Ordinance Page 9-6 Article 9: Enforcement 300 Section 9.6: Penalties, Remedies, and Enforcement Powers 9.6. Stop Work Order If a building or structure is erected, constructed, reconstructed, altere , epaired, converted, moved or maintained, or any building, structure or Ian used in violation a Stop Work Order, the Planning Director, in addition to of remedies, may ins a any appropriate action or proceedings to preven e unlawful erection, constru ' n, reconstruction, alteration, repair, conve on, moving, maintenance or use, to restr ' correct or abate the violation, to event occupancy of the building, structure or Ian , or to prevent any illegal conduct, business or use in or about the premises. (B) Notice of a Stop Work Ord hal a in writing, directed to the person(s) conducting the violating activity and/or t erty owner, and shall state the reasons for the issuance of the Order, a he con ' ' ns under which activity may be resumed. Notice shall be give y registered or ce ' ied mail, return receipt requested. A copy of the notice sh also be sent by regular m Service shall be deemed sufficient if the notice bcertified mail is unclaimed or refus but the notice by regular mail is not retu ed by the post office within ten days after ing. Upon issuance of such Or and posting of same on the site of the violation, a ork on the site of the olation shall cease, except those activities necessary to brin he site into compliance with this Ordinance. (C) The person(s) conducting the violating activity and/or the property owne ay appeal the Stop Work Order to the Board of Adjustment pursuant to Section 2.27 o s 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 i^ pef&en a h„^or+ifio�J or registered mail, return reGeipt requested. VVh-.. . . nade by Gertified mail, a GGPY of the n0tiGe shall alse be sent by regular mail. SerViGe shall be deerned suffiGient the nGtiGe by Gertified mail is unGlaimed er refused, but the RetiGe by regular mail 06 RGt retuMed by the PE)St effiGG withiR teR days after mailing, provided that a RE)t'r--.P- A_f r--mvil penalty GitatiGR is posted inGenspiGHE)616place GR the premises affeGte.d. 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.l5o (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 da o ation emains uncorrected after receipt of the final notice of ' ' n, correction order, Stop der, or the receipt of the Civil y Citation itself in the case of emergency en for shall e a separate violation that subjects the violator to additiona en (D) Settle Claims e Planning Director is authorized to determine the amount of paymen be accepted in full and final settlement of some or all of the claims the governing body m 150 Conforming language to new requirements. Orange County, North Carolina-Unified Development Ordinance Page 9-7 301 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. A essory Structure A str ture that is located on the same lot as a principal structure and hous/ee use. Access Use An activity th may or may not be listed in the Permitted Use Table, which onjunction with a permitte rincipal use, but constitutes only an incidental or insubstaotal activity that takes place o the lot and is customary and ancillary to the established property. Accessory uses sha comply with all setback requirements for the district ' which the use is located. For example, an in-groun wimming pool is required to meet all applicable etbacks including any required fencing around the physi I pool, the concrete walkway around the p I, and any pump or utilities associated with the operati of the facility. Addition In the context of an existing buildin or structure, the term m ns an extension or increase in the floor area or height. Adult Arcade Any place to which the public is permitted or vited herein coin-operated or slug-operated or electronically, electrically, or mechanically cont I d still or motion picture machines, projectors, or other image-producing devices are maintained to sho i ages to five or fewer persons per machine at any one time, and where the images so displayed are istin ished or characterized by the depicting or describing of Specified Sexual Activities or Specified atomical as. Adult Bookstore A bookstore: (a) Which receives a maj ity of its gross income during ny calendar month from the sale or rental of publication (including books, magazines, oth periodicals, videotapes, compact discs, other photo raphic, electronic, magnetic, digital, o ther imaging medium)which are distinguished or haracterized by their emphasis on matter epicting, describing, or relating to Specified xual Activities or Specified Anatomical Areas, defined in this article; or (b) Having as preponderance (either in terms of the weight and im ortance of the material or in terms of reater volume of materials) of its publications (including oks, magazines, other periodi als, videotapes, compact discs, other photographic, electroni magnetic, digital, or othe imaging medium)which are distinguished or characterized by thei emphasis on matter de acting, describing, or relating to Specified Sexual Activities or Specifie natomical Areas. Adult C aret A night b, bar, restaurant, theater, concert hall, auditorium or similar commercial establishm t that for at lea 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 Article 10: Definitions 302 Section 10.1: Definitions Built-Upo a That portion of a deve nt project that is covered by impervious or pa mpervious cover including buildings, pavement, gravel are . roads, parking lots, paths eation facilities (e.g. tennis courts) etc. (Note: Wooden slatted decks and t er area of ming pool are considered pervious.) Building Wall Any vertical surface of a b or structure (other than a pitched rod is integral to and could reasonably be co ed as part of the architecture of the building when a sig re not being contem . xamples of building walls include but are not limited to: awnings, canopi , arquees, ertical 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 recreational151 vehicles. A camp may be owned by a profit or not- for-profit corporation. Canal See"Ditch." Can y, Service Station A struct e made of metal, aluminum, or other material intended to be free standing o affixed to a building th serves as an overhang intended to shield persons from the elements ile using the service station. Center in a Resl ence Use type located within residence offering temporary care to clients, i luding children, adolescents, and adults, for no more tha eight hours in a 24 hour period. Cessation of Use For purpose of this Ordinance the to shall mean the vaca y, discontinuation, or abandonment of the use of a structure or parcel of property. use shall not b considered ceased if the use is being marketed for sale or other forms of conve ce and d umentation of such activities is provided. Channel A natural water-carrying trough eroded vertic into w areas of the land surface by erosive action of concentrated flowing water or a ditch or ca I excavate for the flow of water. Channel, Effluent A discernable, confined, and discr e conveyance which is used r transporting treated wastewater to a receiving stream or other body water. Chemical storage f Ility A building, portion of a uilding, or exterior area adjacent to a building used fo he storage of any chemical or chemic reactive products. Child Care A program arrangement where three or more children less than 13 years old, who do no eside where the care ' provided, receive care on a regular basis of at least once per week for more than r hours per d from persons other than their guardians or full-time custodians, or from persons not rela d to the 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; 151 Correct lan&ua�e to how it's used/defined in the UDO. Orange County, North Carolina—Unified Development Ordinance Page 10-5 Article 10: Definitions 303 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 iding, gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H group , or boys and girls clubs; d) op-in or short-term care provided while parents participate in activities that are not mployment rel ed and where the parents are on the premises or otherwise easily accessible, ch as drop- in or hort-term care provided in health spas, bowling alleys, shopping malls, res t hotels, or church s; e) Public sc ools; f) Non-public chools described in Part 2 of Article 39 of Chapter 115C of the orth Carolina Statutes that re accredited by the Southern Association of Colleges and chools and that operate a child are facility as defined under Child Care Facility for less an six and one-half hours per day eit er on or off the school site; g) Bible schools cond cted during vacation periods; h) Care provided by fac ties licensed under Chapter 110, Article 7 o he North Carolina General Statutes; i) Cooperative arrangemen among parents to provide care for eir children as a convenience rather than for employmen , and j) Any child care program or ar ngement consisting of two more separate components, each of which operates for four hours o less per day with differe children attending each component. Care Facility Use type offering temporary care to clients, in uding child r n, adolescents, and adults, for no more than eight hours in a 24 hour period. Care can be off ed reg dless of the time of day and whether or not operated for profit. Term includes child care cente a any other child care arrangement not excluded by General Statute 110-86(2), that provides child ca a) A child care center is an arrangement whe t any one time, there are three or more pre-school children or nine or more school-aged chit ren re eiving child care. b) A family child care home is a child care rrangem t located in a residence where, at any one time, more than two children, but few r than nine ch dren, receive child care. Chemical Manufacturing and Pr cessing — Pharm ceutical and Medicine A land use involved with the transform on of organic and inorgan raw materials by various processes for the formulation of pharmaceutical nd medical products for event I distribution and sale off-site. Chemical Manufacturing d Processing — Other than P rmaceutical and Medicine A land use involved with the ansformation of organic and inorganic raw mate 'als by various processes for the formulation of non-p armaceutical and non-medical products including t creation of base chemicals, dyes, gasses esins, etc. Club or Lodge An assembly land e, operated by a non-profit group, for members and guests. Cluster Dev lopment A subdivisio in which building lots are grouped together through a transfer of allowable densit within the subdivided ract. Cluster development permits more efficient development by creating lots with g ss land are smaller than those required for conventional lot-by-lot development, yet maintains appli tion of nor I lot density standards to the subdivided tract as a whole by requiring that land area saved b lot size r ductions be reserved as permanent open space and/or recreation space. Id Storage Facility 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 Article 10: Definitions 304 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.152 Commercial Transition Activity Node Land Land designated in the Comprehensive Plan as being153 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 commo age of the subdivision or development. These areas include Common Open Spaces, entry featur, s, su ivision facilities, mail kiosks, sidewalks, parking lots, and walkways. Construction and maint ance of such eas is the responsibility of the homeowner'/property owners' association. Commo Open Space Privately hel and area set aside, dedicated, owned, and maintained for common use ccess, and enjoyment of m tiple owners. This type of open space is held within a defined lot or defined easement area. It may be ei er restricted to the owners via homeowner'/property owners' a ociation (HOA/POA), or open to others as ecified by the association. • Primary Open pace These areas have sensi ' e environmental features and/or significa cultural resource areas, which may make them legally or actically unbuildable. These areas a reserved for passive uses (e.g., forests, pastures, meadows) d low impact active uses (e.g., ails, natural observation). • Secondary Open Space Secondary Open Space Areas have wer restrictions ith regard to location, allow more flexibility to improve overall open space design, an ave more ctive uses (e.g., community gardens, playgrounds). • Active Open Space A subset or category of open space that d ines t type and/or intensity of its use. Active areas are typically built areas and most often con in equipme and/or infrastructure. They are also frequently used by the residents. Examples incl e: trails, comm ity gardens, and recreation fields, plays areas, pocket parks, and ball court . • Passive Open Spac A subset or category of op space that defines the type and/or i ensity of its use. Passive areas are typically undisturbed, co erved areas that have little to no direct p sical human interaction within that portion of the ope space. • Utility Op Space A subset or c gory of open space that defines the type and/or intensity of its se. Utility areas are typically op but contain public and/or private utilities and services. Examples i lude utility lines or easemen (e.g., water, sewer, gas, power), septic drain fields, and repair areas. A ditional recreation use of ese areas is typically limited based on the type of utility requirements that ar in place. Co unity Center An ssembly land use operated by a non-profit group, offering social, recreational, or educationa ivities as a non-commercial activity. Community Farmers' Market 152 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 153 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 Article 10: Definitions 305 Section 10.1: Definitions enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats, com odities, plants, crafts, etc. For the purpose of this definition, "local" means Orange County d countie at share a border with Orange County. Compostin peration A facility designed d used for transforming food, yard waste and other organic erial into soil or fertilizer through biolo ' al decomposition. This does not include backyard com sting bins serving individual families. Comprehensive Plan An internally consistent and compati statement of policies for e long term, physical development of that portion of Orange County under Co ty jurisdiction, cons ing of a statement of development policies and maps and text setting forth obje ives, princip standards and plan proposals for physical development. The Comprehensive Plan also consists of adopte ea plans which focus on a portion of the County such as a township, a watershed or an interstat igh interchange. Technical information and/or task force reports prepared as part of a plan elem t or an are Ian and incorporated as part of the appendix of or as a supplement are also considere art of the Compr ensive Plan. Concentrating Solar Ther (CST) Devices Systems that use lenses or mi rs, and often tracking systems, to focus r reflect a large area of sunlight into a small area. The conc trated energy is absorbed by a transfer fluid o as and used as a heat source for either a conv ional power plant, such as a steam power plant, or ower conversion unit, such as a sterling en 'ne. Also known as Concentrated Solar Thermal (CST). Concrete P ocessing, Preparation, and Distribution A land us rimarily engaged in the following: a) Manufacturing portland, natural, masonry, pozzolanic, and other hydraulic cements; (b) Batch or mixing plants; (c) Manufacturing of concrete pipe, brick, and block; or (d) Manufacturing other concrete products. Conditional Districts Conditional Use District (CUD) A fleating ZGRiRg diStFiGt that has ne permitted uses. AppliGatiGRS fA-.r aR CUD Must link the GUID te a general use zeniRg diStFiGt. GUIDs require approval ef beth a; rez�_RiRql appliGatien and Class A SpeGial Use Permit; see SeGtiGns 'J Q 1 and 4 Q Conditional Zoning District (CZD) A speGifi^flGatiR 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 Article 10: Definitions 306 Section 10.1: Definitions General Conventional Zoning District154 The various zoning districts contained in Article 3 of this Ordinance that are not Conditional Districts. Conditions cannot be applied to geReF 11 aseconventional zeniRgdistricts. Converted Paper Product Manufacturing, Assembly, and Processing Land uses involved with the converting of paper or paperboard into finished products. Use does n i volve the actual manufacturing of paper or paperboard material on-site. Coo erative Farm Partner A local rmer or producer of agricultural products who forms a business arrangement wit other local farmers a d/or producers to collectively process, market, and/or sell agricultural goods. or the purpose of this defin 'on, "local" means Orange County and counties that share a border with range County. Cooperative arm Stand An open-air facilit or the retail sale of produce, agricultural products, and/or p nts produced on-site and from not more than other cooperative farm partners. Country Store An enclosed market not ex eding 1500 square feet in size for the ret i sales of a variety of merchandise, which must inc de locally produced products. For the urpose of this definition, "local" means Orange County and cou ties that share a border with Oran e County. County Orange County Government. Custodial Care A form of care that is primarily for the purpos of assi ing a person in the activities of daily living or in meeting personal rather than medical needs, w 'ch 's not intended to provide specific therapy as the result of an illness or injury and does not constitu skilled care. The term shall refer to personal care that does not require the continuing attention or sup rvi . n of trained, medical, or paramedical personnel. Cutoff Fixture An outdoor lighting fixture shielded or co tructed in such manner that no more 2.5% of the total light emitted by the fixture is projected abov the horizontal plane f the fixture. Day Care Any child care arrangement and r which a child less than 13 years age receives care away from his own home by persons other t n his parents, grandparents, aunts, un les, brothers and sisters who are not minors, guardians or full me custodians. Day Care Facility Any day care center child care arrangement that provides day care for more han five children, not including the opera is school age children, under the age of 13, on a regular b is of at least once per week for more th four hours but less than 24 hours per day, and those operating ewer than four hours per day that pro ide care for more children per adult care giver than would be permit d in an AA State licensed cent , regardless of the time of day and regardless of whether the same chil n attend regularly. The folio ng facilities are not included: a) ublic schools; b Non-public schools whether or not accredited by the State Department of Public Instruc "on, which regularly and exclusively provide a course of grade school instruction to children w 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 154 The standard term has been changed in NCGS 160D-703. Orange County, North Carolina—Unified Development Ordinance Page 10-9 Article 10: Definitions 307 Section 10.1: Definitions e) Cooperative arrangements among parents who care only for their own children in an arran ent as a matter of convenience rather than to enable any participating parent to be employe . Dedicatio A gift, by the o er, of land for a specified purpose, or purposes. Because a transfer property is entailed, dedicatio ust be made by written instrument and is completed with an ceptance. Designated Public wer Service Area An area located within Oran County's Primary Service Area in the Wa and Sewer Management, Planning, and Boundary Agree nt, that is currently served by public ewer or is expected to be served by public sewer in the near-term (e. ., 18 months; demonstrated b ssuance of an advertisement for bid, or similar device, for construction of p lic sewer facilities). Detention Pond A engineered stormwater control consisting of a on onstructed and maintained in accordance with Appendix A of this Ordinance, which allows for po nts to settle and provides for the gradual release of the impounded water. The detention pond is t Best anagement Practice which must be used within protected watersheds when engineered sto water contr are required. (See also, Best Management Practices and Engineered Stormwater C trols) Development Any constructed change to im oved or unimproved real estate, includ but not limited to, buildings or other structures, mining, dr ging, filling, grading, paving, excavation or ing operations, or storage of equipment or materials. Iso includes any land-disturbing activity which add o or changes the amount of impervious or pa i ly impervious cover on a land area or which otherwise de eases the infiltration of precipitation into a soil. Develop ent Activity In the text of property encumbered by Special Flood Hazard Area this term includes any a ivity defi ude d as Development which will necessitate a Floodplain Development Permit. This incls ildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, poo 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. '5A3^4T160D-102 or G.S. 160A 385160D-108, or c) Having an approved site specific vesting plan or multi-phased development plan in compliance with G.S. 15A3^441160D-102 or G.S. 160A-385.1160D-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. Intensity Definitions (See Non-residential Lan ential Floor Area, Resid rea, Floor Area Ratio, Open Space, Open Space Ratio, Livability S a e Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/L pace, Pedestrian/Landscaped pac Orange County, North Carolina—Unified Development Ordinance Page 10-10 Article 10: Definitions 308 Section 10.1: Definitions Development, Multi-phase155 Ip the GE)Rto.,+Of„o�+o,� r r.h+� multi phase deyel.,nmon+,& 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. On this context is not the same as the master plan required as part of an MPD CZ-fMaster Plan Development) n oposal/approva . al igitaI Flood Insurance Rate Map (DFIRM) T digital official map of a community, issued by the Federal Emergency Management Agency(F A), on ich both the Special Flood Hazard Areas and the risk premium zones applicable to the co unity are de Bated. Direct Li t Light emitted i ectly from the lamp, off of the reflector diffuser, or through the refractor r diffuser lens, of a luminaire. Discharge The addition of any hum n-induced effluent either directly or indirectly to stat surface waters. Discharge, Domestic stewater Sewage, unprocessed industria wastewater, other domestic wastewa r, or any combination of these items. Domestic wastewater inclu s, but is not limited to, liquid wa a generated by domestic water using fixtures and appliances, from y residence, place of busin s, or place of public assembly, even if it contains no sewage. Examples of do estic wastewater in once-through non-contact cooling water, seafood packing facility discharge and wastewater fr restaurants. Discharge, Industrial The discharge of industrial process treated wast at or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastew r unless it is contaminated with industrial wastewater. Industrial discharge includes: a) Wastewater resulting from any process f indu y or manufacture, or from the development of any natural resource; b) Wastewater resulting from proces s of trade or bu ' ess, including wastewater from laundromats and car washes, b not wastewater fro estaurants; or c) Wastewater discharged from municipal wastewater tre ment plant requiring a pretreatment program. Disposal The discharge, deposit, injec 'on, dumping, spilling, leaking or placing of a solid waste into or on any land or water so that the s id waste or any constituent part of the solid wast ay enter the environment or be emitted into the air r discharged into any waters, including groundwater. Disposal, Was The use of water for disposal of sewage, industrial waste or other waste after approv treatment. Ditch A constru ed channel, other than a modified natural stream constructed for drainage purpose that is typical) dug through inter-stream divided areas. A ditch or canal may have flows that are peren I, inter ttent, or ephemeral and may exhibit hydrological and biological characteristics similar to per nial or' termittent streams. Dwelling, Multi-Family 155 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 Article 10: Definitions 309 Section 10.1: Definitions A building ntaining three or more dwelling units. Dwelling, Single Family A detached building containing one g unit. Dwellin amily ed building containing two dwelling units (duplex). Dwelling Unit A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cookiRg and eating by one family; for owner occupancy or for rental, lease or othep occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping faGilitieG. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for „er;ods of loos than „-Re ok Sh.,u be rs+,-„o,+ +„ be 19dgiRg n; A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.'5 Mobile Homes and modular units are to be considered dwelling units under this definition. An ronmental Assessment. EA, Comple d An Environmental A ssment that has been accepted by the Orange my Planning Department as technically acceptable fo rposes of this Ordinance. EIS An Environmental Impact Statement. EIS, Completed An Environmental Impact Statement th as been acce d by the Orange County Planning Department as technically acceptable for the p ose of being transmitte the State Clearinghouse or for being reviewed for adequacy by the ange County Planning Departme Easement A grant of rights a property owner to another individual, group or government nit to make limited use of a po ' n of real property for a specified purpose. E ' g and Drinking Establishments and uses providing for the consumption of food and/or drink to its clientele on or off site, Economic Development Activity Node Land in Transition a�TAreas of the County, as designated in the Comprehensive Plan,157 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 156 Definition from the NC Building Code,to which local ordinances are now required to conform. 157 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 Article 10: Definitions 310 Section 10.1: Definitions A on-basement building, which has its reference level raised above ground level by foundation alls, shea alls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic a alization of hydrosta ' flood forces on exterior walls by allowing entry and exit of floodwaters and th nimpeded movement o loodwaters. Encroachment The advance or infringe nt of uses, fill, excavation, buildings, permanen tructures or development into a floodplain, which may imp a or alter the flow capacity of a floodplai . Engineered (or Structural) ormwater Controls A structural Best Management Practice MP) used to redu non-point source pollution to receiving waters in order to achieve water quality pro ction goals See also Best Management Practices and Detention Pond) (Unless otherwise specified, MP" hen used in this Ordinance, refers to structural BMPs.) Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensit' a Areas Land which is subject to sp ial natural environmental conditions such as oding that present significant constraints to built dev pment. Equestrian nter A facility de i ned and intended for the display of equestrian skills and the hosting of eve s including, but not limit o, show jumping, dressage, rodeos, general horse/mule shows, and similar eque ian disci ' es. Events may be larger scale, such as horse shows expected to generate more than traffic tri per day, and may be held more frequently than once per month. A commercial stable may be ncluded on the site. Evidentiary Hearing A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi- judicial decision.l5 xisting Construction 'truCtw.Qs for which, the "start of construction" commenced before March 16, 1981. This may also be referre s "existing structures." Existing manufactu home park or manufactured ho ubdivision A manufactured home park or s 'vision for which, for flood dam prevention purposes, the construction of facilities for servicing t is on which the m actured homes are to be affixed (including, at a minimum, the installation of u ' ' s, the struction of streets, and either final site grading or the pouring of concrete pads)complet re March 16, 1981. Extraction of Eart oducts The process of re al of natural deposits of mineral ores, soils or other solids, liquid o seous matter from their on ' al location. It does not include any processing of such material, beyond incide mecha ' consolidation or sorting to facilitate transportation to the site of use or location of further essing. lsa A definition for Evidentiary Hearing was added to 160D-102 to differentiate quasi-judicial proceedings from the former term of"public hearing'which may be considered misleading since a person must have legal standing, as defined in statutes to participate in a quasi-judicial proceeding and have their testimony considered as a basis of a quasi-judicial decision. Orange County, North Carolina—Unified Development Ordinance Page 10-13 Article 10: Definitions 311 Section 10.1: Definitions Finan ' Services Land uses prove i economic and financial services to a clientele, Financially Responsible on In regards to soil erosion and sedimenta ontrol provisio , nd party or entity who has financial or operation control over a land-disturbing activity a t, landowner or party/entity in possession or control of the land who had directly or indirec owe d-disturbing activity or had benefited from such activity. Fixture The assemb at houses the lamp or lamps and can include all or some of the followin s: a hou ' , a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or e ractor 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 least159 one-third (33%)of the land within a Flexible Development subdivision must be set aside as open space which may be preserved through: a) An "estate lot" option where all land is subdivided into lots four acres or greater in size, building lot area including setbacks are established on 50% of each lot, and the land area outside such area is preserved as open space provided that front and side yard setback areas shall not be counted toward meeting the minimum open space requirement except as specified by provisions of Section 8.13.47.12.5(A)160; 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. ting Zoning District; Floating Zone A zonin istrict that is defined in the text of the Ordinance but which is applied or map p only upon the approval of zoning application/petition. Flood and Floodi A general and temporary co 'tion of partial or complete inundation o ormally dry land areas from the overflow of inland or tidal waters d the unusual and rapid accu ation of runoff of surface waters from any source. Flood Boundary and Floodway Map ) An official map of a community, issued by the A, which the Special Flood Hazard Areas and the floodways are delineated. This official m is a suppleme o and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). Flood Hazard Bound Map (FHBM) An official map of a co unity, issued by the FEMA, where the boundaries o Special Flood Hazar ee d Areas have bn ined as Zone A. Flood urance The ' surance coverage provided under the National Flood Insurance Program (NFIP). 159 Correct misspelling. 160 Correct section reference. Orange County, North Carolina—Unified Development Ordinance Page 10-15 Article 10: Definitions 312 Section 10.1: Definitions tage, Tenant Each lin foot, or major portion thereof, measured along the main entry of a tenant spa ithin a non- residential co ex. Full Cutoff Fixture See Outdoor Lighting, Full Cuto ixture. Functionally Dependent Facility A facility, which cannot be used for its intended se unless it is located in close proximity to water, such as a docking, or port facility necessar r the loa and unloading of cargo or passengers, shipbuilding, or ship repair. The term es not include long- storage, manufacture, sales, or service facilities. Garden Center Retail sales o ion providing lawn and garden supplies and small equipment ren rimarily for home landscap' Typical products include, but not limited to, decorative stone, garden ornam decorative pot 0ntainer plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such ristmas trees, pumpkins and flowers are permitted in the outdoor display area. General Use Zoning Distric !"`eR ditiO S G RE)t boo plied to g ral Use g rd0str0r.+o 161 tare Lig emitting from a luminaire, solar panel, glass, or similar reflective surface with an intensity at enoug o reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, c ing momentar lindness. Golf Course A tract of land design and laid out for the game of golf. Golf courses includ , ut are not limited to courses open to the gene I public for a daily user fee, private courses ava' le to members and their guests, courses proposed as ingle, independent uses, as well as thos lanned as an accessory use which is part of a residential or r reational development. A golf course development may als include the following access y uses and building typically associated with such a facility: club ho e; restaurant/snack r; barroom; prop shop; billiards; table tennis, spa/health club; racquetball, hand I, and tennis c rts; swimming pool; locker rooms; and real estate sales office. Goods, Incidental Retail goods for sale in a manner customary d subordi to to the provision of a service, eg. Beautician selling hair products. Gross Floor Area The area within the perimeter o e outside walls of a building as meas d from the exterior face of the exterior walls or from the ce erlines of walls separating two buildings, with deduction for hallways, stairs, closets, thickness walls, columns, or other interior features. Group Care F ility A facility licen d by the appropriate State agency providing room and board for seven to unrelated individuals xcluding staff, who as a result of age, illness, handicap or some specialized prog require person ' ed services or a supervised living arrangement in order to assure their safety and com oup Development 161 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 Article 10: Definitions 313 Section 10.1: Definitions Cu urces through the State Historic Preservation Officer as having requirements of the Historic Preservation Act of 196 ed). Holiday Decoration Holiday displa s ns and greetings, which relate to any federally e ' holiday, legal re igious holiday. Home Occupation, Major An accessory business use which is owned and operated by the resident of the property, located on a single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental and subordinate to the principal residential use of the property. Major home occupations, which do not meet the standards of a minor home occupation, shall accommodate for larger scale accessory business uses by allowing for an increase in square footage, number of onsite employees, students, customers, clients, and annual events with an approved Class Special Use Permit. Home Occupation, Minor accessory business use, which is owned or operated by the resident of residentially-zoned operty, and clearly incidental and subordinate to the principal residential use of the property. Home Pa A parcel of Ian nder single ownership which has been planned and improved in ompliance with Sections 3.8 and . 4 for the placement of mobile homes/manufactured hom and Temporary Residential Units for u during the duration of the lease. The term include mobile home parks developed under previou ermitting requirements. Home Park Space A parcel of land occupied or intende o be occupied by one d only one Mobile Home or Temporary Residential Unit and for the exclusive us of the occupants said dwellings. Immediate Neighborhood A subdivision or area of the county which distin s s it from other subdivisions or areas by virtue of its location within the service area of a park site sites a hown on the adopted "Recreation Service Area Boundaries Map"on file in the Planning D artment. Impervious Surface A surface composed of any ma ial that impedes or prevents the na al infiltration of water into the soil. Such surfaces include concr e, asphalt and gravel surfaces. These inc de, but are not be limited to, streets and parking area idewalks, patios, and structures that cover the I d. Infiltration The absorption stormwater run-off into the ground. Infiltration allows for pollutants t e filtered from the water pr' to its reaching the groundwater table, preventing the deposit of the pollutan directly into drinking ter supplies. I itutional Use nonprofit, religious, or public use, such as a church, library, public or private school, hospital, universit , or government owned or operated building, structure, or land used for public purpose. Interested Person Party162 For purposes of quasi-judicial evidentiary hearings an interested pe-s�party is one who has standing as that term is defined by applicable North Carolina statutory and case law. Junk Yard 162 Conforming term to its use in both the UDO and statutes. Orange County, North Carolina—Unified Development Ordinance Page 10-20 Article 10: Definitions 314 Section 10.1: Definitions n establishment operated or maintained for the purpose of storing, dismantling, salvaging, r cycling, b ing or selling scrap or used materials such as paper, metals, rubber, rags, glass, wreck d, used or dis antled products and articles, such as machinery, vehicles, appliances and the like. Junked o recked Motor Vehicles Motor Vehicles hich do not display a current license plate or a current registr ion sticker and which either: (a) are par i Ily dismantled or wrecked, or(b) cannot be self-propelle or moved in the manner in which originally inte ded to move. Kennel (Class II) An establishment involvin nimals of any species, excluding dome cated livestock, engaged in any of the following: a) The owning or keeping, for any purpose, of 20 or more imals b) The selling and/or trainin of guard dogs or security d s c) The keeping of more than a animals at any given ti e for the purpose of breeding, boarding, or rehabilitation. The operator of a Kennel (Class II) shal a allowed to r ide on the property to ensure the continuous care of the animals kept on-site. Lamp See Outdoor Lighting, Lamp. Land Area Measurement Definitio (See Lot Line, Lot Line Front, Lot Line Re , Lot Line Si , Open Side, Open Space Front, Open Space Rear) Land-Disturbing Activity Any use of the land that results in change in the natural cover o topography that may cause or contribute to sedimentation. Landfill A site within which is dep ited solid waste material, including trash, cons ction debris, stumps, branches and limbs, gar age and industrial waste. Landfill, Disch ging A landfill facility wi liners, monitoring equipment and other measures to detect an r prevent leachate from entering th environment and in which the leachate is treated on site and discha ed to a receiving stream. Disc rging landfills require a National Pollution System (NPDES) Permit from e North Carolina Div' ion of Water Quality. Land se Intensity Definitions (See on-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area tio, Op Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open ace, O en Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space, edestrian/Landscaped Space Ratio.) Land Use Permit A zoning permit, subdivision approval, building permit, site plan, or special use permit, er Genditional -,so 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 Article 10: Definitions 315 Section 10.1: Definitions Li bility Space Livabi i space is part of total open space appropriately improved and located as outdoor livi space for residents d for aesthetic appeal. Such spaces include lawns and other landscaped are , walkways, paved terrac and sitting areas, outdoor recreational areas, and landscaped portions street rights-of- way. Such spa shall not be used for vehicles, except for incidental service, maint ance or emergency action. Livability Space Rat Livability space ratio is the mi i um square footage of non-vehicular o door space required for each square foot of land area in reside 'al development. It is open spac sed for people, planting and visual appeal and does not include vehicul arking and access areas Lodgings Living quarters which do not contain independe kitch facilities, provided, however, that dwelling units occupied by transients on a rental or lease basis f eriods of less than one week shall be considered lodging units even though they contain indepen t k hen facilities. Lodging Unit A room or rooms connected together, nstituting a separate Io 'ng for one family only, physically separated from any other rooms or elling or lodging units. Wher wo or more rooms are connected by a doorway or doorways, and arr ged, equipped and furnished in such manner that they might reasonably be rented, lease r occupied, either individually or in combing i n, each room shall be construed as a lodging u Logo An established ' entifying symbol or mark associated with a business or business entity. Lot Land unded by lines established for the purpose of property division. The term includes water a s in ded in the property so enclosed. As used in this Ordinance, unless the context indicates otherwis e term refers to a zoning lot. (See Lot, Zoning). Lot Definitions163 (See Let, ILE)t ZE)RORg, Lot NGR GGRfGFMiRg, Lot NGR Legal feF ZeRiRg Purpeses, Lot Area Net, LE)t Area Gross, Lot BumldiRg Area Of, Gress Land A.Fea of PID H DiStFiGtS, SetbaGk, Let Regular, Let irregular, L , a An irregular ed lot where the buildable portion of the lot is connected to its rontage by an arm of the lot. Lot Area, Gross Where gross lot area is used as a basis for co of maximum allowable floor area through application of floor area ratios, such gr ea shall be co d as net area, defined below, plus half the width of adjoining permane en space such as streets, parks, r areas and the lake (but not areas on buildable lots o the maximum specified for the district. Where s ace adjoins lots on two adjacent si a area thus added shall include the area required to complete t otherwise left at the i ection, as indicated in the diagram below: 163 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 Article 10: Definitions 316 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 District projects, and industrial and commercial projects, but does not include any projects of less than two contiguous acres in extent. Major Intersection y intersection where traffic generated by a development proposal will have a significant impact o the op ation of the intersection. Manu ctured Home A dwellin unit, transportable in one or more sections that: a) Is n constructed in accordance with the standards of the North Carolina Unifor Residential Buildi Code for One-and Two-Family Dwellings; b) Is comp ed of one or more components, each of which was substantially a sembled in a manufact ng plant and designed to be transported to the home site on it own chassis, c) Exceeds 40 et in length and eight feet in width, d) The manufact er voluntarily files certification required by the Secreta of the Department of Housing and Ur b n Development and complies with the standards tablished, and e) Is built on a perma nt chassis and designed to be used with or ' hout a permanent foundation when connected to t required utilities. Manufactured home park subdivision A parcel (or contiguous parcels) of I d divided into two or more anufactured home lots for rent or sale. Manufacturing Assembly, Proc sing, and Dist bution Use An establishment engaged in the mechanic 1, physical, or emical transformation of materials, substances, or components into new product The ass bling of component parts into a final product can also be considered part of this category. T is ter encompasses two different categories of land uses, namely: Manufacturing, Assembly, Process g and Distribution Uses— Food and Manufacturing, Assembly, Processing, and Distribution Uses—Ot Market Value The building value, excluding the land, (as reed to betw n a willing buyer and seller), as established by what the local real estate market will b r. An independen certified appraisal can establish a market value using: replacement cost deprecia d by age of building ( tual Cash Value) or adjusted assessed values. Massage The manipulation of body mus or tissue by rubbing, stroking, kneadin or tapping, applied by hand, arm, foot or mechanical devi Massage Business Any establishment or siness wherein massage is practiced, including establish ents commonly known as health clubs, phy 'cal culture studios, massage studios and massage parlors. Massage, B iness Of The massage r treatment of any person for a fee or in expectation of a gratuity from the p rson massaged. Mass e, Profession Of See " assage, business of'. assage Practitioner Any person engaged in the business or profession of massage. Orange County, North Carolina—Unified Development Ordinance Page 10-29 Article 10: Definitions 317 Section 10.1: Definitions Me Processing Facility, Community A smaller ale facility where livestock or wildlife is slaughtered, processed, and packag or personal consumption a or wholesale or retail sale. The livestock must be raised on the su ' ct farm and from 1 to 4 other cooperate arm partners. Meat Processing Facilit , egional A larger scale facility where livestoc ' slaughtered, processed nd prepared for distribution for wholesale or retail sale. Medical Uses See"Health Services." Metal Fabrication Shop A facility that is engaged i e shaping of metal and similar materials for w sale or retail sale. Microbrewe , roduction only A facility th roduces less than 15,000 barrels per year of craft malt beverages for wholesa r retail sale a consumption off the premises. Shall be considered a bona fide farming use if located on rm a 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 zenieg-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 zoning-district or special use permit approval. bile Home A d ing unit that: a) of constructed in accordance with the standards of the North Carolina Uniform idential Buil for One-and Two-Family Dwellings; b) Is compo of one or more components, each of which is substantially as bled in a manufacturin ant and designed to be transported to the home site o ' s own chassis for placement on a to orary or semi-permanent foundation when co ected to the required utilities, and includes the plum ' , heating, air conditioning and electr' systems contained therein; and c) Exceeds eight feet in body 'dth and 32 feet in body lengt . d) Is certified by the Secretary of Department of Hou ' g and Urban Development as meeting applicable standards. Mobile home shall also mean a double-wide mob a and shall be considered synonymous with the term manufactured home. Mobile Home, Accessory A subordinate structure, the use of ich is customarily incidental t e permitted use of the principal buildings. Accessory uses incl e, but are not limited to: a) Storage unit, b) Office, and c) Classroo cility. The mobile h e, as an accessory structure, must not create non-conforming yards or se cks. The installatio of a mobile home, as an accessory structure, is exempt from the requirements set h herein. Skirti is required, and the mobile home must be connected to the required utilities, which include e bing, heating, air conditioning and electrical systems contained therein, provided the unit is not Orange County, North Carolina—Unified Development Ordinance Page 10-30 Article 10: Definitions 318 Section 10.1: Definitions ase of Grading One f two types of grading: rough or fine. Photo Itaic (PV) Technolog that converts light directly into electricity. Place of Wo hip An assembly Ian se primarily providing meeting areas for the support of religio s activities, services, and study. The term includes, but it's not limited to: church, temple, mosque, a synagogue. Portable Building A building not intended for sidential use consisting of one or more mo les constructed off the ultimate site of use and transported to hat site. Post-FIRM Development for which construction tarted on or after March 1981. Pre-FIRM Development for which construction starte efore Mar 16, 1981. Premises A parcel of land with its appurtenances and buil ' s which, because of its unity of use, may be regarded as a unit of real estate. Principally Above Ground Struc re A structure whereby at least 51% of th actual cash value the structure is located above ground. Principal Structure Any building or other structure o cupied or used for the purpose o conducting the principal use of the property. Principal Use A use which falls unde one of the categories listed in the Table of Permitte Uses, which is the primary and chief purpose fo which a lot is used. Professiona ervices Establishmen that specialize in performing professional, scientific, and technical a 'vities for others. Examples i lude, but are not limited to, the following: accountants, architects, attorn s, dentists, doctors, gineers, real estate agents, and veterinarians. Pu is Body A government or governmental agency of the Orange County, the State of North Carolina, or e nited States of America. Public Hearing A hearing opened at any regular meeting of either the Board of County Commissioners to solicit public comment on a proposed legislative decision er the Board of Adjustm8Rts.164 Public Interest Area 164 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 Article 10: Definitions 319 Section 10.1: Definitions f) commercial or other non-residential space. Residential Land All portions of a parcel or tract o intended to support residen ' evelopment of any classification (i.e. single-family, multi-family, etc), in accessory u and all land necessary to comply with the provisions of this Ordinance. With respect to s ns and Conditional District projects, this term shall be construed as including streets located e ' y within residential portion(s) of the development, common open space, lands accepte dedication for public ses, and accessory and commercial uses when developed as pa mixed use development project. Residenti e A use roperty characterized by the use of a structure(s)for habitation by an individual, fame group unrelated individuals. Resources Management Plan A document and map, submitted as a part of a Major Subdivision, Clops A Special Use Permit appliGati R or a Major Subdi„ioi.,., !"`GRditiGRal DiS+riGt Atlas A.,-eR dMoRt with S PConditional 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_;165 ofitting Measu such as flood proofing, elevation, construction of small levees, and other modific ns, taken on an existi uilding or its yard to protect it from flood damage. Riding Stable An establishment for boardin , reeding, training or raising of horses nies, mules, and/or donkeys for a fee; and/or rental of horses, ponie , ules, and/ donkeys for g, driving, and/or instruction. Exercise rings shall be considered accessory use o a commercia ble. Smaller scale events, such as horse shows expected to generate less than 80 tra ' trip r day, may be held no more often than once per month. The operator of a commercial stable m de on the property to ensure the continuous care of animals kept on the site. Riparian Area An area that is adjace a body of water. Riverine Rela ' to, formed by, or resembling a river(including tributaries), stream, brook, etc. 165 Correct punctuation. Orange County, North Carolina—Unified Development Ordinance Page 10-39 Article 10: Definitions 320 Section 10.1: Definitions Road See"Street." Rooming House A host occupied dwellin ere individual rooms are rented out for oc for weekly or longer periods. I i i a rooms do not contain kitchen or cooking facilities for occupant use. Rural Buffer166 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. These lands afe a4&G Chapel Hill, Rural Community Activity Node Land167 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 Nodelss 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 Nodelss 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 Land160 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 166 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan an4 IRA. 167 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 168 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 169 Staff is suggesting that it be more clear that this type of designation comes from the Comprehensive Plan. 170 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 Article 10: Definitions 321 Section 10.1: Definitions A sign that of meet the requirements of this Ordinance and which has not received non- conforming status an does not have permit authorization, if required, u e terms of previous ordinances. Sign, Illuminated A sign illuminated in any manner b ificial light source. Sign, Ind' Iluminated at 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, '._ special event, or parcel of property for commercial purposes. Inflatable signs are commonly utilized to announce speciar, VENM _ RAN sales or events. As per the nrane Count Sign Qr nGe IRflatablo Sin shall be iRd�dual eFeGtiRg a iRflatableSigR sshhalu.ive . ihien++o aimmediate nGtine of yiolafion —A.PrJ�Te required Ternevethe sign Within the time it iAini Irl normally take to deflate the 171 ■ Examples of inflatable signs include: "1111ign, Internally Illuminated A s' whose light source is concealed or contained within the sign itself, and which becomes visib in darkne by shining through a translucent surface. Sign, Landmark A sign advertising that a specific structure or si s co idered historically significant and is listed in the National Regi r of Historic aces, U.S. Department of Interior, or designated b cal ordinance in ac dance with RaYAL �E UEAnS SIT-IN guidelines issued by the U. S. Depa ent of Interior. s9Kantkm pralra+at ibis 0 .1uus YS 190, }edto ccurl uae kAS1np dual raual fauUtlri . Sign intenance The eaning, painting, repair or replacement of defective parts of a sign in a manner that does not a e basic copy, design or structure of the sign. 1'1 This is not correct. Inflatable signs are allowed, per Section 6.12.11(D)(5). Orange County, North Carolina—Unified Development Ordinance Page 10-48 Article 10: Definitions 322 Section 10.1: Definitions sten ' ' of the name of a non-residential establishment and may include >Ian op ion, phone numbers, other pertinent information associated with the non-residentie. ■ An example window sign includes: Site Specific Developmept Vesting172 Plan A plan approved by the Orange County Board of Commissioners in aGGerdaRGe with the Clops A SpeGial Use Permit nr,,,.ess 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 Deyel nment Vesting Plan shall be deemed approved upon the effective date of the Board of Commissioners'action. Site Plans, menial Use Permits, GORditional I lop Diotrirtc Conditional Zoning Districts, and Preliminary Subdivision Plats may be approved as Site Specific Development Vesting Plans in accordance with the provisions of this Ordinance. Site Specific Development Vesting 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. lar Array— Accessory Use Inclu any photovoltaic, concentrated solar thermal, or solar hot water devices that are ac sory to, and inco rated into the development of an authorized use of the property, and which designed for the purpose o educing or meeting on-site energy needs. Solar Array — Lar Facility A solar facility located on a veloped or undeveloped parcel of proper producing more than 20 but less than 100 kilowatts of power that inverts sunlight into electricity, w ther by photovoltaics (PV), concentrating solar thermal (CST) d ' es, or various experim al solar technologies, with the purpose of supplying power to existing land use(s well as the w esale or retail sale of generated electricity Solar Array — Public Utility A utility-scale commercial facility that convert unlight electricity, whether by photovoltaics (PV), concentrating solar thermal (CST) device , or various exper ental solar technologies, producing more than 100 kilowatts of power with the ' ary purpose of wholesa or retail sales of generated electricity. Solid Waste Disposal cility Any facility involved in th isposal of any hazardous or non-hazardous refuse r sludge from a waste treatment plant, wat upply treatment plant or air pollution control facility, domes ewage and sludges generated by th eatment thereof in sanitary sewage collection, treatment and dispos stems, and other materi at is either discarded or is being accumulated, stored or treated prior to bein iscarded, or has s ed its original intended use and is generally discarded, including solid, liquid, semiso r cont ' ed gaseous material resulting from industrial, institutional, commercial and agricultural operate s, from community activities. 172 This term was changed in NCGS 160D-108. Orange County, North Carolina—Unified Development Ordinance Page 10-53 Article 10: Definitions 323 Section 10.1: Definitions Waste Disposal Site Any pla t which solid wastes are disposed of by incineration, sanitary landfill or any o method. Special Event A commercial activity, att ing at least 20 people at any given time, th oes not involve permanent structures. Examples of sped vents are craft shows, small fest' s, concerts, medical or veterinary clinics, and sites operated by busine s engaged in hostin door social events such as picnics or receptions sponsored by a restaurant or c rer. Activities which are not included in this definitio e: a) Events of a personal or non-profit, na su as family reunions and church activities; b) Farm-related or rural events suc s horse shows, -H events and auctions; and c) Fund-raising events for no ofit organizations. Special Flood Haz Area (SFHA) The land in the flo lain subject to a 1% or greater chance of being flooded in iven year as determined i ection 1.1.3 of this Ordinance, as defined by the base flood elevation. cial-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 Rnord_ of(`nmmiccinnorc or by the Board of Adjustment appropriate, subject to the general and specific standards. Specified Anatomical Areas (a) Less than completely and opaquely covered human: (i) genitals, pubic region, (ii)�buts, or (iii) breast below a point immediately above the top of the areola; or Human male genitals in a discernibly turgid state, even if completely and opa ely covered. Specified Se al Activities (a) Human g itals in a state of sexual stimulation or arousal; (b)Acts of huma asturbation, sexual intercourse or sodomy; or (c) Fondling or other e tic touchings of human genitals, pubic gions, buttocks or breasts. Starch, Vegetable Fats, and ' s Manufacturing Establishments primarily engaged in crea ' a finished oil sed product by: (a)Wet milling corn and vegetables; (b) Crushing oilseeds and tree nuts; (c) Refining and/or blending vegetable of , (d) Manufacturing shortening and ma arine; or (e) Blending purchased animal fat ith vegetable Start of Construction Includes substantial improver and means the date the building per 't was issued, provided the actual start of construction, pair, reconstruction, rehabilitation, addition p ement, or other improvement was within 0 days of the permit date. The actual start means ' er the first placement of permanent construct' of a structure (including a manufactured home) on a site, ch as the pouring of slabs or footings, ' stallation of piles, construction of columns, or any work beyond the tage of excavation; or a placement of a manufactured home on a foundation. Permanent cons tion does not include la preparation, such as clearing, grading, and filling; nor does it include the installa ' of streets d/or walkways; nor does it include excavation for a basement, footings, piers, or found ' ns or the ection of temporary forms; nor does it include the installation on the property of accessory buil ' s, ch 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 Article 10: Definitions 324 Section 10.1: Definitions s tantial improvement, the actual start of construction means the first alteration of any wall, ceilin , floor, other structural part of the building, whether or not that alteration affects the external di nsions of the bui ' State Agency Every department, agen institution, public authority, board, commission, b au, division, council, member of Council of State, officer of the State government of the St of North Carolina. State Clearinghouse The clearinghouse agency established by North Caroli Department of Administration under the North Carolina Environmental Policy Act. State Mandate The minimum Rules adopted by the En i nmental Managem t Commission for application to North Carolina's water supply watershed s required by the Water Su Watershed Protection Act. The purpose of the Act, as stated i ' opening paragraph, is "... to protec d enhance the quality of the State's surface water sup s by establishing a cooperative program of w supply protection to be administered by local ernments consistent with statewide management req ' ements established by the Environmenta anagement Commission (EMC)." (See related definition "Wate upply watershed"). Stock d / Livestock Market A f ity where livestock are kept temporarily awaiting purchase and/or transport; such facilities ' clude enclosed pavilions, grandstands, paddocks, and stalls. Storage of Goods A land use where secured space, indoors or outdoors, is rented to tenants for the safeguarding and/or keepingof general merchandise, refrigerated goods, and other personal items on a short or long term basis_;3 Sttoo n ater Collection System Any conduit, channel, curb, or gutter for the primary purpose of transporting (not treatinU�i off. A stormwater collection m does include vegetated swales, swales stabilized with ring or alternative methods where na topography prevents the use of vegetate es (subject to case-by- case review), curb outlet systems or p' used to carry drainage u eath built-upon surfaces that are associated with development controlled by th visions of CAC 2H 1003(c)(1). Stormwater Control Measure (S A structural or non-structural ma ment-based practice used singula in combination to reduce non-point source pollutio receiving waters in order to achieve water quality p tion and water quantity limitatio a s. (See also, Detention Pond and Engineered Stormwater Contro . The term takes t ce of what was originally referred to, and defined as a 'Best Management Practice Stream A body of concentrated flowing water in a natural low area or natural channel on the land surface19174 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 173 Correct punctuation. 174 Add punctuation. Orange County, North Carolina—Unified Development Ordinance Page 10-55 Article 10: Definitions 325 Section 10.1: Definitions Structure Any walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is built or constructed principally above grouRd, GORStFucted or erected to a height of 30 inches or more, including but not limited to load bearing walls columns, beams or girders. Any building used or intended for supporting or sheltering any use or occupancy.175 Studio (Arts and Crafts) Se School — Performing Arts, Sports and Recreation. Study Ar , Traffic Impact The area in w ' In a traffic impact analysis will be made and extending approximately ne half mile along roadways ad'ac t to a development project and in both directions from all access oints or to a major intersection along ese roadways. Subdivider Any person or persons, fi or corporation subdividing land within the juris action of this Ordinance. Subdivision All divisions of a tract or parcel o land into two or more lots, buildin ites or other divisions for the purpose of sale or building develo ent(whether immediate or fu re)and includes all division of land involving the dedication of a new str t or a change in existing s eets. Subdivision, Exempt a) The combination or recombination portions of eviously subdivided and recorded lots if the total number of lots is not increased a d the re Itant lots are equal to or exceed the standards of the County, including private road justifi tion tandards, as detailed within this Ordinance. b) The division of land into parcels greater th 10 acres if no street right-of-way dedication is involved. c) The public acquisition by purchase of s ps o nd for widening or opening streets. d) The division of a tract in single owner ip of the ntire area of which is no greater than two acres into not more than three lots, if no s eet right-of-w dedication is involved and if the resultant lots are equal to or exceed the st dards of the Cou as shown by its subdivision regulations. Subdivision, Major Any division of land that is not clas ' ied as an Exempt or Minor sub ivision. Subdivision, Minor A division of a tract of land th does not: a) Create more than f' e lots for conventional design options, or more t n 12 lots for flexible development, in ding the residual acreage, from any one tract of Ian in any 24 month period; b) Dedicate or im ove any new public street other than widening an existin public street; c) Extend publi ater and/or sanitary sewerage systems other than laterals serve individual lots; d) Necessitate ecessitat the installation of drainage improvements which would require a ements through one or re lots to serve other lots; and e) At the tion of the applicant, involve vesting of the subdivision for a period great than one year. Subst tial damage Dama of any origin sustained by a structure during any one year period whereby the cost of res ring the s ucture to its before-damaged condition would equal or exceed 50% of the market value of the str ture before the damage occurred. See definition of"substantial improvement." Substantial dama o means flood-related damage sustained by a structure on two separate occasions during a ten-year 175 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 Article 10: Definitions 326 Section 10.1: Definitions riod for which the cost of repairs at the time of each such flood event, on the average, equals or ex eds 25% of the market value of the structure before the damage occurred. Subs ntial improvement Any comb ation of repairs, reconstruction, rehabilitation, addition, or other improvement of structure, taking place uring any one year period whereby the cost of which equals or exceeds 500 of the market value of the st cture before the start of construction of the improvement. This term in des structures, which have incu ed substantial damage, regardless of the actual repair work perfor d. The term does not, h wever, include either: a) Any correction f existing violations of State or Orange County health, anitary, or safety code specifications wh h have been identified by the Orange County cod enforcement official and which are the mini m necessary to assure safe living conditions or b) Any alteration of a his ric structure provided that the alteration ill not preclude the structure's continued designation a a historic structure and the alteratio is approved by a variance issued pursuant to this Ordinanc Support System A combination of footers, piers, caps, an hims that will, wh properly installed, support the mobile home. Masonry walls may be installed as osmetic feat e. Taxidermy The practice of preparing and preserving the skins animals and of stuffing and mounting them in lifelike form. Telecommunication Facilities, Acc sory Us A use incidental to, subordinate to, and su ervient to the p i cipal use of the property. As defined in this section an accessory use is a secondary se. Telecommunication Faciliti , Antenna A system of electrical conductor c mmunications equipment that tran its and/or receives electromagnetic radio signals u d in the provision of all types of wirele communications services. Telecommunication acilities, Applicant Any wireless service pro der or wireless support structure owner submitting a application for a wireless facility. Telecommuni ation Facilities, Application A formal reque , containing all necessary and required documentation, submitted to Or ge County to construct or odify a wireless support structure or a wireless facility. Teleco munication Facilities, Base Station A stati at a specific site authorized to communicate with mobile stations, generally consisting o adio rece' ers, antennas, coaxial cables, power supplies, and other associated electronics. elecommunication 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. '5 A 357.160D-403. 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 Article 10: Definitions 327 Section 10.1: Definitions st tures that can be used as a support structure for antennas or the functional equivalent of s If furthe ' cludes all related facilities and equipment such as cabling, equipment shelters and er structure ssociated with the facility. It is a structure and facility intended for transmittin nd/or receiving ra ' television, cellular, SMR, paging, 911, personal communications serv' s (PCS), commercial sate ' e services, microwave services, and any commercial wireless t communication service not license the FCC. Temporary Custodia are Unit A transportable residential stru re facilitating a caregiver's provis' of short or long term care for a mentally or physically impaired per n that is primarily assemb offsite, has no more than 1,000 gross square feet, and complies with applica a standards of the rth Carolina State Building Code and/or Department of Housing and Urban Develo ent(HUD). emporary custodial care units shall not be installed on a permanent foundation and sha a cla ified as an accessory use to an single family detached dwelling unit. Includes mobile homes a temporary health care structures. Temporary Residential Mobile e A mobile home, intended for residenti use for a limited pen of time, for purposes of providing temporary residential space durin a installation of a replace m t mobile home or construction of a stick-built or modular residenti unit on the same lot, and for 30 da after the issuance of Certificate of Occupancy for the perman t unit. The temporary mobile home is not tached to a permanent or semi- permanent foundation. Temporary sidential Unit A residenti nit occupied for no more than 180 days and connected to temporary uti services. The term inc es recreational vehicles, travel trailers, recreational park trailers, FEMA trailers, tc. mporary Use Building A building, not intended for residential use, consisting of one or more modules constructed off the ulti ate site of use. The building is also not attached to a permanent or semi-permanent foundation. Ten-Year Transition Land17176 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 Z;n-ifor h-r manufactured into usable items off-site. Theater A building or outdoor area in which performances are prefer 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. 176 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 Article 10: Definitions 328 Section 10.1: Definitions T fic Generation: High Uses ich generate an average of more than 800 vehicle trips per day. Transmis 'on Lines a) For line arrying electrical energy, transmission lines are those which car 45,000 volts or more. b) For lines w 'ch carry liquids or gases, transmission lines are those oper ing or designed to operate at pre ures of one hundred pounds per square inch or gre r. Travel Trailer A structure that is: a) Intended to be transported er the streets and highway either as a motor vehicle or attached to or hauled by a motor vehicle), d b) Designed for temporary use as s ping quarters, t that does not meet the definition of a manufactured home. Tree, DBH Diameter at breast height of a tree, whi is measured at 4.5 et above ground surface level. Tree, Critical Root Zone The minimum area beneath a e which must be left undisturbed in or to preserve a sufficient root mass to give a tree a reaso ble chance of survival. The critical root zone approximately one foot of radial distance for every' ch of tree's DBH, with a minimum of eight feet. Tree, High Val A tree that me e or exceeds the following standards: for pine species, 14" DBH or grea r, or 18" or greater stu diameter, and for hardwood or wetland species, 16" DBH or greater, or 24" reater stump di eter. TO Generation Rates T e 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''—" 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. and In the c t of outdoor lighting, the projection of light above the horizontal plane. Urban Designate Land that is located within a ition Area as identified in the Use Element of the Comprehensive Plan and also within a Primary Servi ea as defined b ater and Sewer Management Planning and the Boundary Agreement and Map ado De er 3, 2001 and as either may be amended from time to time. Utility Lines and Line E ment The local distribution sys of public utilities and community systems w include electricity, telephone, water, age disposal, and cable television. These systems are fo al distribution of services an not intended to be used for transmission or as trunk lines for utilities. ' tribution syste or electrical system shall not exceed 45,000 volts; the distribution system for liquids ases those operating at pressure of less than 100 pounds per square inch. 17 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 Article 10: Definitions 329 Section 10.1: Definitions Van ce A relaxatio f the literal terms of this Ordinance where such variance will not be contr o the public interest and, w owing to conditions peculiar to the property and not the resul actions or the situation of the applic t, a literal enforcement of the Ordinance would result' nnecessary and undue hardship. A variance is a orized only for the dimensional controls of ' Ordinance; establishment or expansion of a use otherwise p ibited shall not be permitted by ariance. Variance, Minor, State Watershe anage nt A variance from the minimum statewide water s y watershed protection rules that results in a relaxation by a factor of up to 10% of any agem requirement under the low density requirement. Variance, Major, State rshed Management A variance from the state ' e water supply watershed regulations th esults in the relaxation by a factor greater than 10% of management requirement under the low density 'on or the relaxation of any management r irement that applies to a development project requiring cons tion of a BMP. Ve • e Trip 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 Devel^^m^^+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 affect effect may be extended by amendments or modifications to the Site Specific Development.Vesting Plan. An application for an amendment or modification to an approved Site Specific Vesting Plan shall be treated as a new application. Once established, a vested right supersedes any zoning action which would affect w+th the type and intensity of use approved in the Site Specific Development Vesting 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. Vet• Clinic A facility staf a at least one licensed veterinarian for the care and treatment of I and/or small animals not involving o ht care. Veterinary Hospital A facility staffed by at least one licensed veter ' n e specialized treatment of large and/or small animals, which may involve overnigh Violation The fail a structure, use or development to be fully compliant or is inconsistent with an ision of rdinance. A structure or other development without the elevation certificate, other certifications, Orange County, North Carolina—Unified Development Ordinance Page 10-65 Article 10: Definitions 330 Section 10.1: Definitions o r evidence of compliance required in this Ordinance is presumed to be in violation until such tim s that cumentation is provided. Volume/ acity Analysis The procedures ed to compare the volume of a roadway or intersection approach t s capacity (maximum number vehicles that can pass a given point during a given time per' ). The procedures are described in the 19 Highway Capacity Manual, Highway Research Boar pecial Report 87. Walls, Primary Walls containing primary windows /or main exterior entrances t ndividual living quarters when directly facing the primary wall or other ' ing quarters. Walls, Secondary Walls containing only secondary, or secondary an tiary, windows. Walls, Tertiary Windowless walls or walls containing on ertiary windows. Wastewater Treatment F ity A system of wastewater colle ion, treatment, and disposal in single or mu ' le components, including ground absorption syste , non-discharge systems, and systems that discha effluent to the surface waters, and any other stem as may be permitted by the Orange County Health partment or the State of North Carolina. I ef. NCGS Article 11, Chapter 130A) Waterbo , Perennial A natu or constructed basin that stores surface water permanently at depths sufficient to prec e gro of rooted plants, including lakes, ponds, sounds, non-stream estuaries, and oceans. For the rpose of stormwater provision of this Ordinance, the waterbody must be part of a natural drainagewa (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 i�ing-sitin 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. ter Feature A pro ent aspect or characteristic of a geographic area that exhibits verifiable evidence a presence of water in soil. Examples of water features include, but are not limited to, peren ' and intermittent streams, lakes, ds, reservoirs, springs, artesian wells, irrigation wells, marsh or swamps, wetlands, and natural drainage hes (non-ephemeral). Water surface elevation E) The height, in relation to mean sea le of floods of variou agnitudes and frequencies in the floodplains of riverine areas. Watercourse A lake, river, creek, stream, wash, cha el or other topogra ' feature on or over which waters flow at least periodically. Watercourse i des specifically designated s in which substantial flood damage may occur. Water Suppl blic A water sup system that serves a city or town located partly or entirely within Orang ounty that has a populat' in excess of 2,500. ater Supply Watershed (or Protected Watershed) Orange County, North Carolina—Unified Development Ordinance Page 10-66 Article 10: Definitions 331 Section 10.1: Definitions La d that drains to existing reservoirs which are public water supplies or potential reservoir sit or strea intakes which have been designated for protection. All such lands have been classilr d by the Enviro ental Management Commission as WS-11, WS-III or WS-IV watersheds and req ' e protection in accordan with the State Mandate. (See definition for"State Mandate"). Water Supp Watershed Critical Area, County Designated The land area wit ' one-half mile of the normal pool elevation (or designated e vation)of an existing Class II water suppl eservoir, or the ridgeline of the watershed, whichever i ess; and the land area within one mile of a normal pool elevation (or designated elevation) o a proposed water supply reservoir designated for p tection, or the ridgeline of the watershed, whi ever is less; and the area within one-half mile of strea s flowing into Class I reservoirs, as desi ated for protection within this Ordinance. Water Supply Watershed C ical Area, State Re Ired The land area within one-half mile of t normal pool elevati of water supply reservoirs in which an intake is located (i.e., Class I reservoirs), r the ridgeline o he watershed, whichever is less. Wetlands Those areas that are inundated or saturated by s ce or ground water at a frequency and duration sufficient to support, and that under normal circu s nces do support, a prevalence of vegetation typically adapted for life in saturated soil cond' 'ons. taands generally include swamps, marshes, bogs, and similar areas. (Definition taken from EP regulation t 40 CFR Section 230.3(t)and COE Regulations at 33 CFR Section 328.3(b), s of July 2nd, 20 ) Wholesale Trade A land use involved, without trans rmation or alteration of the prod t, with the sale of merchandise to clientele in bulk. Windows, Primary Principal windows in ha ' able rooms except bedrooms and kitchens. Windows, Sec dary Windows of habi ble rooms other than primary windows. Window ertiary Windows ther than for habitable rooms. Wi ry, production only A acility utilized for making wines for wholesale or retail sale and consumption off the premises. Shall onsidered 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 zeniRg-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 10-67 332 The following pages contain proposed amendments to Orange County's 2030 Comprehensive Plan 333 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-13 (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 0ra.vWCcv,nty Co-nVrohensive P1aYv Page F 1 334 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). 0ra.vWCcv,nty Co-nVrohensive P1avv Page F 2 335 Q.. ppendix F. Land Use and Zoning Matrix ZONING DISTRICTS N 1 M 7 17 W W A 1 A I V Land Use Classifications & r; N cri vi � :4 4 � U.a ZU U U ZWj fx �, WN i4 W,.., W� wa a Overlays M V a v 0 P• d � �," 0.� Z Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement- Carrboro Transition Contact aDuroDiriate Mu iciDalitv r avulicable Zonine Standards 10-Year Transition 20-Year Transition Commercial Transition Activity Node Commercial-Industrial Transition Activit ♦ Economic Development Transition Activity Node Rural Buffer Rural Residential Agricultural Residential Rural Community Activity allode Rural Neighborhood Activity Rural Industrial Activity Node Public Interest Area 0 Amended 02-13-17 Ora vw scanty Comprehonsive Pla m Page F 3 336 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17 Attachment 3 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 ll: 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 337 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. -2-.3. 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 their duties, qualify bV taking an oath of office as required by NCGS- 153A-26.2 QD. Chair, Vice Chair, and Secretary 1. The Planning Board shall elect by majority vote a Chair and Vice Chair from among its members at the regular meeting in January of each year. 2. Chair and Vice Chair terms of office shall correspond to the requirements of the Orange County Advisory Board Policy. i 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. 338 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. 339 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17 2. Notice of public hearings shall conform to the notiGe requiremeRtS 0 Sentien 7 3 6 and/er 2.9.7, asppnliahlo, ofr� Grange Ge unty Unified Developm .t n..r�raRGe. `^ h' 3.Agen materials fer pi blip hearings shall be distributed to Planning Roard members and posted o,nT he Orapoe G goyerpme�nt wcebsote for interested parties a of ten (10) nalendar days prior to the pi blip heaFR 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 A Special Use Permits and GGR di+ional 7eniRg DOG 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 Class A SpeGialcrial Use Permit and Geniditienal ZeniRg Do � 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. 340 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. Attachment 4 341 Type of Action Type of Notice Recipient Timing Final Staff Determination Personal service, email, or mail; Person requesting; When made Posting by owner(optional) Property owner Hearing on Quasi-judicial Decision Mail; Applicant; Mail 10 to 25 days prior to Post site Property owner; hearing Newspaper Abutting property owners NewspapeF Neighborhood Information mail Property owners within 1000' NIM: Class A 14 Days; Class B Meeting 45 Days All SUP 45 Days Quasi-judicial Decision File with clerk; Applicant; When Order is signed Personal service, email, or mail Property owner; Others making written request • Notice of Decision prior to effective date Within 5 days of decision Hearing on Ordinance Text Amendment Newspaper; Public; 10 to 25 days prior to hearing Certified mail if near military base Base commander 15 to 25 days prior to hearing Mail Property owners within 1000' 10 to 25 days prior to hearing • Neighborhood Information Newspaper; mail; post site Property owners within 1000' Meeting • Planning Board Newspaper; mail; post site Property owners within 1000' N/A 15 to 25 days prior to hearing 10 to 25 days prior to hearing • Mass Rezoning(50+) Newspaper • MG Rez g(50j) NIA • Mass Rezoning(50+) Newspaper 342 Hearing on Rezoning Newspaper; Property owner; 10 to 25 days prior to hearing Mail; Adjacent property owner; 15 to 25 days prior to hearing Post site; Base commander 10 to 25 days prior to hearing Personal service if not initiated by Property owners within 1000' owner or government; Certified mail if near military base • Neighborhood Information N/A; Mail; Post site N/A Meeting 15 to 25 days prior to hearing 10 to 25 days prior to hearing • Planning Board N/A; Mail; Post site r^,........Fehewsiy, Mai; i i.... a%e N/A N/A N/A Comprehensive Plan Update Newspaper; Post site; mail Property owners within 1000' 15 to 25 days prior to hearing 10 to 25 days prior to hearing Statutorily Required Not RegUiFed by Law Current UDO Required Not GUFFently Allewed by the Proposed Amendment Additional notice required by Statute: • Website Publication of Rules of Procedure and Fees Additionai 11VULe uviie uy VUII%.y: • Two Newspapers instead of one • Public Outreach Meeting • Website Publication of all decisions 343 Current Public Notice Provisions in the UDO This information has been compiled to help inform discussions regarding notice requirements. Orar depicts steps Orange County takes above and beyond the minimum requirements of State Statutes. Red text shows the text staff is suggesting be revised to conform to State statutes. It should be noted that this does not mean that current practice will also change, only that the County's regulations would conform to statutes. Comprehensive Plan Future Land Use Map (2.3.5) • Mailed notice to all property owners within 1,000 feet at least 15 days but not more than 25 days prior to the date of the Planning Board meeting. (15 is proposed to become 10) • Sign posted at least 10 days but not more than 25 days prior to the Planning Board meeting. • Mailed notice to all property owners within 1,000 feet at least 15 days but not more than 25 days prior to the date of the public hearing. (15 is proposed to become 10) • Sign posted at least 10 days but not more than 25 days prior to the public hearing. • Legal Ad published in newspaper once a week for two consecutive weeks at least 10 days but not more than 25 days prior to public hearing. Orange County publishes in two (the News of Orange and Durham Herald Sun), this practice is not written in the LIDO but is long-standing practice; this is an example of a practice that is followed but not written into the regulations. Special Use Permits (2.7.5 and 2.7.6) • Neighborhood Information Meeting (NIM). Notices mailed to all property owners within 1,000 feet at least 14 days prior to NIM. Sign posted at least 10 days prior to NIM. (The NIM is held at least 45 days prior to the evidentiary hearing to give people time to prepare if they choose to). • Mailed notice to all property owners within 1,000 feet at least 10 days but not more than 25 days prior to the date of the evidentiary hearing. • Sign posted at least 10 days but not more than 25 days prior to the hearing. • A legal ad is currently published; the proposed 160D revisions suggest that publication of legal ads for Special Use Permits cease for reasons staff has outlined in presentations regarding quasi-judicial decisions and standing of parties to participate. Zoning Atlas [Conventional Districtsl (2.8.7) • Mailed notice to all property owners within 1,000 feet at least 1r- more than 2S days prior to the date of the Planning Board meeting. (15 is proposed to become 10) • Sign posted at least 10 days but not more than 25 days prior to the Planning Board meeting. 1 344 • Mailed notice to all property owners within 1,000 feet at least 15 days but not more than 25 days prior to the date of the public hearing. (15 is proposed to become 10) • Sign posted at least 10 days but not more than 25 days prior to the public hearing. • Legal Ad published in newspaper once a week for two consecutive weeks at least 10 days but not more than 25 days prior to public hearing. (the News of Orange and Durham Herald Sun), this practice is not written in the UDO but is long-standing practice; this is an example of a practice that is followed but not written into the regulations. Zoning Atlas [Conditional Districtsl (2.8.7 and 2.9.2 • Neighborhood Information Meeting (NIM). Notices mailed to all property owners within 1,000 feet at least 14 days prior to NIM. Sign posted at least 10 days prior to NIM. • Mailed notice to all property owners within 1,000 feet at least 15 days but not more than 25 days prior to the date of the Planning Board meeting. (15 is proposed to become 10) • Sign posted at least 10 days but not more than 25 days prior to the Planning Board meeting. • Mailed notice to all property owners within 1,000 feet at least 15 days but not more than 25 days prior to the date of the public hearing. (15 is proposed to become 10) • Sign posted at least 10 days but not more than 25 days prior to the public hearing. • Legal Ad published in newspaper once a week for two consecutive weeks at least 10 days but not more than 25 days prior to public hearing. (the News of Orange and Durham Herald Sun), this practice is not written in the UDO but is long-standing practice; this is an example of a practice that is followed but not written into the regulations. Maior Subdivisions (2.15.2) • Neighborhood Information Meeting (NIM) at Concept Plan stage. Notices mailed to all property owners within 500 feet at least 10 days prior to NIM. Sign posted at least 7 days prior to NIM. Minor Subdivisions Using Flexible Development Option (2.14.4(B)) • Neighborhood Information Meeting (NIM) at Concept Plan stage. Notices mailed to all property owners within 1,000 feet at least 10 days prior to NIM. Sign posted at least 7 days prior to NIM. 2 345 Proposed Addition of Option for Alternative Notice (Sections 2.3.5 and 2.8.7) As was explained during the public hearing on May 4, 2021, State statutes have long allowed an alternative to mailed notice for large-scale map amendments (both the Future Land Use Map and the Zoning Map). The provision can be found in NCGS 160D-602(b). In an effort to conform the County's UDO to State statutes, County Attorney's office staff directed Planning staff to include in the UDO amendments all allowances and requirements contained in the statutes, regardless of whether allowances are intended to be used in Orange County's practices. For this reason,the allowance for alternative notice has been suggested for inclusion into the County's UDO in Sections 2.3.5 (notice requirements for Comprehensive Plan Future Land Use Map amendments) and 2.8.7 (notice requirements for Zoning Atlas amendments). The proposed additional text, which mirrors statutory language, reads as follows: (From 2.3.5,the text in 2.8.7 is the same except it addresses Zoning Atlas amendments) (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. (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). At the public hearing, BOCC members expressed a desire to perhaps include parameters on when the alternative option might be used. Staff offers the following parameters as a starting point for discussion: • Add language that would allow alternative notice only on County-initiated amendments; and/or • Add language that would allow alternative notice only if a mailing has already occurred earlier in a project's process and said mailing has outlined the expected process. Mailing examples include: a Public Outreach Meeting, a Neighborhood Information Meeting, or the Planning Board meeting. o As materials on previous pages shows, Orange County provides notice beyond statutory minimums, resulting in at least two separate mailings for map amendments (at a bare minimum,there is a mailing for the Planning Board meeting and a mailing for the public hearing). o For historical information purposes: Orange County has a long history of holding at least one public outreach meeting (prior to the Planning Board meeting)for County-initiated 3 346 map amendments. This is another example whereby practice is not written into the regulations but is, instead, long-standing policy and practice. 4