HomeMy WebLinkAboutAgenda - 08-22-2005-1a1.a. Status Report on Zoning Enforcement Challenges
This item provides an analysis of the current state of Zoning Code
Enforcement within Orange County. It is meant to be an update of a
previous memorandum issued by staff concerning this topic, outline
potential issues concerning the enforcement of zoning regulations, and
identify possible solutions to enforcement issues,
The purpose of the analysis is to inform the County Manager and County
Board of Commissioners:
1) Which violations are most common in occurrence,
2) Impact on the general health, safety, welfare, and the environment
of various violations,
3) Where (geographically) violations are known
4) The process of, and the degree of difficulty in, bringing violations
into compliance,
5) Where involvement of the County Attorney's office is required, and
6) Identifying problem areas and possible solutions with respect to
zoning enforcement issues.
Attachments:
Attachment 1: SUMMARY -Status Report on Zoning Enforcement in
Orange County (3 pages)
Attachment 2: Status Report on Zoning Enforcement in Orange
County (21 pages plus five appendices)
Attachment 3: RADAR Form (two pages plus chart)
Attachment 1
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
nnn~P of ~'
Current Planning ~~`C, ~~- P 306E Revere Road
(919) 245-2575 ., " ° ' ~= P O Box 8181
(919) 644-3002 (FAX) ,~" Hillsborough,
www.co.orange.nc.us °~~n e.~>~~°' North Carolina, 27278
MEMORANDUM:
TO: Orange County Board of Commissioners
Iolm M. Link .Ir., County Manager
FROM: Michael D. Hazvey, AICP
Planner II -Zoning Code Enforcement Officer
CC: Craig Benedict, AICP - Director of Planning and Inspections
Robert P. Davis, AICP -Current Planning Supervisor
Rod Visser, Assistant County Manager
Geoff Gledhill, County Attorney
Sean Borhanian, Associate County Attorney
DATE: August 3, 2005
RE: SUNIMAI2Y -Status Report on Zoning Enforcement in Orange County
A zoning violation is generally an activity or situation that is specifically prohibited or
inconsistent with the provisions of the Zoning Ordinance. It is the ,job of the Zoning
Enforcement Officer to determine if a complaint concerning a supposed zoning violation is
valid and warrants enforcement action.
COMMON COMPLAINTS:
The most common zoning enforcement complaints are ranked as follows:
1. Illegal Storage of,junlced or Wrecked Motor Velvcles,
2. Illegal Storage of Goods, Outdoors,
3. Illegal Dumping and Landf Ming,
4. Illegal Location of Signs (including political signs),
5. Abandoned Mobile Homes,
6. Illegal Use of Property, and
7, Encroachment,
z
ENFORCEMENT CHALLENGES:
Resolving each type of zoning violation presents its own challenges and unique set of
circumstances, which aze summarized as follows:
1. The Complainant: Complaints concerning violations of the Zoning Ordinance aze
reasonable in the eyes of those who are offended who believe immediate action to
abate the problem is always wazranted, In most cases, however, local residents are
not satisfied with the answer of the enforcement officer especially when the answer
is that there is no violation of the Zoning Ordinance.
2. The Process: The existing process utilized by Orange County to obtain
compliance with zoning regulations is lengthy. The best-case scenario in abating a
violation of the Ordinance is between sixty (60) and ninety (90) days,
3. Citizen's Means: Many of the citizens responsible for violations in Orange
County are of very limited means and do not have the financial capacity to hire
someone to correct thew violations or do not have the equipment and manpower
necessazy to correct their violations.
4. Refusal to Accept Notices of Violation
5. Lack of Follow Through with Violators: The amount of time it took the County
to obtain court orders requiring individuals such as Hoyle King and Jerry Baldwin
to comply with notices of violation aze good examples to most citizens and
violators in Orange County of the difficulty of forcing anyone to comply with the
zoning ordinance requirements,
6. Lack of Facilities: The lack of legally approved locations in the County that
accept junked and wrecked vehicles, old and dilapidated mobile homes, yazd waste
and similar debris, as well as companies or individuals to haul such items is one of
the biggest logistical problems in getting violations abated,
UPCOMING REVISIONS:
In staff's opinion several existing regulations need to be modified in an effort to ensure fair
and equitable application of these regulations and to establish a reasonable standazd within
the Zoning Ordinance to address these issues. The following revisions are ranked in the
order staff recommends they be modified to address on-going enforcement issues:
1. Junked/Wrecked Motor Vehicles: There is currently no flexibility in the
Ordinance to allow for a property owner to store an automobile on their
property if it is unlicensed or unregistered. A property owner with one (1)
junked vehicle is treated the same as an individual with sixty (60). In staff's
opinion a reasonable standard need to be implemented to ensure fair an
equitable treatment of all individuals with,junked vehicles on their property.
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2, Sign Ordinance: Irr staff's opinion, the current sign regulations fail in
meeting citizen's expectations for appearance and clarity and are weak in
terms of enforcement.. Staff believes that a comprehensive overhaul is
necessary.
3. Abandoned Mobile Homes: With respect to the elimination of abandoned
mobile homes, there are potentially State funds that could be utilized to
address this problem and staff believes that we ought to focus on
developing a mobile home abatement program consistent with the State's
initiatives.
4. Enforcement: Staff believes that minor tweaking of these regulations
contained in Article Twenty-three (23) is necessary to eliminate conflicts,
5, Administration: The Administration provisions of the Zoning Ordinance
are contained in several sections of the Ordinance, There is a need to
amend several provisions within each section to ensure that they are
consistent with State Statutory provisions and other requirements of the
Zoning Ordinance.
6, Daycare and Group Care Facilities: Staff believes that minor tweaking of
existing definitions and regulations will address these conflicts and reduce
future concerns over daycare and group care operations within the County,
STAFF RECOMMENDATION:
Staff is seeking authorization from the County Murager and the County Board of
Commissioners to initiate the following actions:
L Prepare a proposed Zoning Ordinance amendment modifying existing regulations
governing the storage of,jurrked motor vehicles for review by the November 2005
PUBLIC HEARING,
2. Revise Article Nine (9) Sign Regulations for review by the November 2005
PUBLIC HEARING,
3. Prepare the necessary Zoning Ordinance amendments modifying existing
regulations governing the establishment of Daycare and Group Care facilities
within the County for review by the November 2005 PUBLIC HEARING,
4, Prepare a proposed amendment to Article Twenty-three (23) Enforcement to
modify existing language governing the enforcement of the Zoning Ordinance for
review by the February 2006 PUBLIC HEARING,
5, Prepare a formal report on condensing the Adminishative provisions of the Zoning
Ordinance for review by the February 2006 PUBLIC HEARING, and
6. Prepare a comprehensive abandoned mobile home abatement program in
accordance with the provisions of Senate Bill 913 for review by the February 2006
PUBLIC HEARING.
Attachment 2
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
,«~e o~ o,
Current Planning ~`C~ rT: P 306E Revere Road
(919) 245-2575 ~_ ° -' ~ P O Box 8181
(919) 644-3002 (FAx) ~.° Hillsborough,
www.co.orange.nc.us °~~b ea~~6°' North Carolina, 27278
TO: Orange County Boazd of Commissioners
Tolm M. Lirrlc .h°., County Manager
FROM: Michael D. Harvey, AICP
Plarmer II -Zoning Code Enforcement Officer
CC: Craig Benedict, AICP -Director of Plaruring and Inspections
Robert P. Davis, AICP -Current Plamring Supervisor
Rod Visser, Assistant County Manager
Geoff Gledhill, County Attorney
Sean Borhanian, Associate County Attorney
DATE: August 3, 2005
RE: Status Report on Zoning Enforcement in Orange County
Please accept this memorandum as an analysis of the current state of Zoning Code Enforcement
within Orange County. This report is meant to be an update of previous memorandum issued by
staff concerning this topic, outline potential issues concerning the enforcement of zoning
regulations, and identify possible solutions to enforcement issues.
The purpose of the analysis is to inform the County Manager and County Board of
Commissioners:
I) Which violations aze most common in occurrence,
2) Impact on the general health, safety, welfare, and the enviromnent of various violations,
3) Where (geographically) violations are known
4) The process of; and the degree of difficulty in, bringing violations into compliance,
5) Where involvement of the County Attorney's office is required, and
6) Identifying problem areas and possible solutions with respect to zoning enforcement
issues.
MEMORANDUM
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Through this analysis staff hopes to identify common zoning enforcement issues and develop
appropriate solutions that will allow the County to effectively enforce the provisions of the
Zoning Ordinance, establish a reasonable standards or enforcement, and provide for some
flexibility to allow for local residents to enjoy reasonable use of their property.
ZONING VIOLATIONS:
A violation of the Orange County Zoning Ordinance is considered to be any action or activity
that establishes, creates, expands, or maintains any land use or specific activity that is:
1, Prohibited or inconsistent with the provisions of the Zoning Ordinance,
2, Has not been previously approved or authorized by Planning staff, or
3, Is inconsistent with a previously approved or authorized development activity.
Approvals and authorizations include Special Use Permits, Sign Permits, and Building Permits;
Certificates of Zoning Compliance and Occupancy; Variances, and approved site plans.
Zoning violation inspections within Orange County are primarily complaint driven resulting
from either a citizen complaint or request for investigation submitted by another County agency
(i,e. Building Inspections, Erosion Control, Public Works, etc..),
?,ll valid zoning violations are processed in accordance with Article Twenty-three (23) of the
Orange County Zoning Ordinance.
ZONING VIOLATIONS -ENFORCEMENT:
When the Zoning Enforcement Officer receives information about aviolation, an on-site
inspection is performed to determine if the complaint is valid and a violation of the Ordinance
does indeed exist.
If a violation is detected, the Zoning Enforcement Officer must initially determine if the
violation poses an immanent threat to the public's general health or welfare. If it is determined
that the condition of a parcel of property poses a danger to the general public, the enforcement
officer may require immediate enforcement action as outlined in Section 2.3.2,8 -Emergency
Enforcement Without Notice, This Section allows the enforcement officer to seek immediate
enforcement without prior written notice to the property owner through any and all of the
remedies outlined within Article Twenty-three (23) of the Zoning Ordinance.
In all other circumstances where a violation does not pose an immanent threat to the welfare of
the general public, the enforcement officer is required to follow the enforcement procedure
outlined in Section 23.3 of the Ordinance. This procedure is as follows:
1. Courtesy Notice of Violation: Once the enforcement officer verifies that the
complaint is valid, and that it does not pose an immanent threat to the general public,
courtesy notice is drafted.
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The courtesy notice provision was developed in an effort to make the zoning
enforcement process less confrontational. Irr many cases property owners are
unawaze of the requirements of the zoning ordinance and have no idea they are using
their property inappropriately. The courtesy notice informs the property owner of the
situation, establishes a compliance date (normally thirty (30) days), and requests a
meeting between staff and the property owner to discuss the problem,
A copy of the typical courtesy notice is attached as Appendix A.
The enforcement officer also has the ability to issue a FIELD NOTICE OF
NONCOMPLIANCE informing the alleged violator of the problem and outlining
corrective action as a substitute to the courtesy notice, Staff utilizes this option when
the alleged violator is a local resident. A copy of the FIELD NOTICE OF
NONCOMPLIANCE is attached as Appendix B.
2. Initial Notice of Violation: If the alleged violator does not correct the violation
identified in the courtesy notice witlvn the allocated timeframe, the enforcement
officer then sends out what is referred to as the Initial Notice of Violation.
The notice once again describes the nature of the violation, states the actions
necessary to correct the violation, establishes the timeframe allowed to bring the
property into compliance with local regulations, requests that the alleged violator
meet with the enforcement officer to discuss the violation and how it may be
coaeeted, inform the alleged violator that he or she has the right to appeal the
deterniination of the enforcement officer to the County Board of Adjustment, and that
the violator may request more time from the Board of County Commissioners to
correct the identified violation, Inherent in this request is an admission by the
property owner that the violation exists, A sample letter is attached as Appendix C,
This notice is normally sent via certified mail or is hand delivered by the enforcement
officer,
The initial Notice of Noncompliance may allow up to a maximum of thirty (30) days
for the alleged violator to abate the identified violation unless otherwise indicated
within the Zoning Ordinance.
3.. Final Notice of Violation: If a property has not been brought into compliance after
the time speciCed by the enforcement officer, a letter of Final Notice of Violation is
sent via Certified Maih This letter states that if appropriate action is not taken to
correct the violation by a specific date, usually thirty (30) days from mailing, the
violator will be subject to additional enforcement action including possible court
action and/or assessment of civil penalties up to five hundred dollars ($500.00) per
day,. Each day the violation continues constitutes a separate offense. The assessment
of civil penalties will continue and accumulate daily until the violation is corrected..
Staff attempts one (1) last time to meet with the violator and abate the problem before
any final action is taken.
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A sample letter is attached as Appendix D.
At this point the County Attorney normally becomes involved with the enforcement process, If a
violator does not correct the problem by the established deadline, the enforcement officer will
determine the most appropriate course of action to bring the property into compliance. The
County has the following tools to bring the property into compliance with the Zoning Ordinance:
Permit Revocation: In accord with the provisions of the Zoning Ordinance, the Zoning
Enforcement Officer may revoke any permit 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.
2. Permit Denial: As long as a violation of this Ordinance remains uncorrected, the
enforcement officer may deny or withhold approval of any permit or other
authorization provided for' in this Ordinance that is sought for the property on which the
violation occurs,
3. Issuance of daily Civil Penalties not to exceed five hundred dollars ($500.00),
4. Criminal Penalty: As provided in Section 14-4 of the North Cazolina General Statutes,
violation of the County Zoning Ordinance constitutes a misdemeanor, punishable by a
fine of up to five hundred dollars ($500.00), imprisonment for up to thirty (30) days, or
both, and
Seeking the issuance of an Injunction and Abatement Order: The County may institute
action in a court of competent jurisdiction for a mandatory or prohibitory injunction and
order of abatement commanding the violator to correct or cease a violation of this
Ordinance. Under Section 153A-123 of the North Carolina General Statutes, if the
violator fails to comply with a court injunction or order of abatement and the County
executes the order, the County will have a lien on the property on which the violation
occurred for the County's costs in executing the order.
TYPICAL ZONING VIOLATIONS:
In reviewing all open and closed zoning enforcement cases, the most common cases can be
ranked, in terms of the number of valid complaints received by the Planning Department, as
follows:
1. Illegal Storage of junked or' Wrecked Motor Vehicles,
2, Illegal Storage of Goods, Outdoors,
3, Illegal Dumping and Landfilling,
4. Illegal Location of Signs (including political signs),
5. Abandoned Mobile Homes,
6. Illegal Use of Property, and
7. Encroachment
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Resolving each type of zoning violation presents its own challenges and unique set of
circumstances. The following discussion of each type of violation explains some difficulties
frequently associated witlx enforcement and also provides a short explanation as to why
enforcement efforts may have different outcomes.
1. Illegal Storage of Junked or Wrecked Motor Vehicles: The Orange County
Zoning Ordinance, specifically Section 6,16,7, does not allow fox' the storage of
wrecked or ,junked motor vehicles on a parcel of property. A ,junked or wrecked
motor vehicle is defined in Article 22 Definitions of the Zoning Ordinance as:
Motor vehicles which do trot display a current license plate or a current
registration sticker and which do not display a eun-ent inspection sticker
issued by w• in the scone state as the license plate or registration sticker
and which either: (a) are partially distttmttled or wrecked, or (b) cannot
be self-propelled or moved in the manner in which originally intended to
move.
a. OCCURANCE OF VIOLATION: The storage of junked or wrecked motor
vehicles is the most common zoning violation, generating the most complaints
made to the enforcement officer,
b. IMPACT OF VIOLATION: Iurilced or wrecked motor vehicles are visually
offensive to many citizens who complain that the appearance of the vehicles have
a negative impact of their property values.
c, TYPICAL GEOGRAPHIC LOCATION: While this type of violation is
extremely common in the more rural sections of the Comity, such as the AR
Agricultural Residential Zoning District, the storage of junked vehicles is a
countywide problem.
d, BRINGING VIOLATION INTO COMPLIANCE: Correction of this type of
violation tends to be temporary, time consuming for County personnel, and costly.
Bringing violations into compliance with the provisions of the Ordinance are
hindered because of a perception that the Cowxty is being inflexible acid too
restrictive when enforcing this specific regulation.. Violators are content to test
the resolve of enforcement persornxel or to alleviate an identified violation for
only a short period of time.
e, COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies are necessary, such as court ordered abatement or the placement of liens
on property to ensure payment of issued civil citations, the attorney is involved.
f: PROBLEMS WITH ENFORCEMENT: The Ordinance defines this particular
type of land use as illegal for as few as one (1) vehicle if the vehicle is stored
outdoors and is not properly licensed or inspected. It is not uncommon for people
of limited means to have a couple of unlicensed vehicles that can be placed back
into service if the need arises. Many citizens, who live in rural areas, do not see
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this situation as an eyesore or a problem that has to be corrected by the County,
For many residents this is simply a practical way of life and all part of the rural
character of the County as well as an economic issue where property owners elect
to store functioning automobiles on their pazcel of property without necessarily
having them licensed or inspected. Many citizens elect to do this with cazs they
do not drive regulazly, or with cazs utilized by a child or other relative that are
being stored on the lot, saved for future use or simply to sell on their own for
extra income,
2. Illegal Storage of Goods, Outdoors: The Orange County Zoning Ordinance, specifically
Section 4,3 S50 Storage of Goods, Outdoor only allows for the storage of materials
outdoors in the ECS Existing Commercial Five (5), I-1 Industrial Light Industrial, I-2
Medium Industrial, and I-3 Heavy Industrial. Outdoor storage is not allowed in
residential zoning districts.
a. OCCURANCE OF VIOLATION: Outdoor storage of materials ranks as the
second most complained about zoning violation. The enforcement officer
receives numerous phone calls concerning outdoor storage as well as phone calls
concerning the potential hazards it can create (i.e. establishes a breeding ground
for vermin, environmental contamination, etc).
b, IMPACT OF VIOLATION: It is comparable to that of junked or wrecked
motor vehicles for being visually offensive to many citizens. To other citizens,
the storage of goods, outdoors is not visually offensive. Complaints aze received
from neighbors as well as citizens driving by the property, Often, illegal storage
of goods, outdoors occurs with the storage of junked or wrecked motor vehicles.
a TYPICAL GEQGRAPHIC LOCATION: While this type of violation is
extremely common in the more rural sections of the County, such as the AR
Agricultural Residential Zoning District, the outdoor storage of materials is a
countywide problem.
d. BRINGING VIOLATION INTO COMPLIANCE: Correction of this type of
violation tends to be difficult, time consuming for County personnel, and costly.
Eliminating violations of this type is also difficult because many of the violators
do not have the money to pay for removal and tipping fees.
e. COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies aze necessary, such as court ordered abatement or the placement of liens
on property to ensure payment of issued civil citations, the attorney's office is
involved.
f PROBLEMS WITH ENFORCEMENT: The Ordinance does not contain a
clear definition of what is considered outdoor storage, Without a proper
definition for staff to utilize in determining if a violation exists, we end up with a
situation where it is one (1) neighbor's opinion versus another concerning the
extent of the offence and if it has been properly abated. By defining what the
activity actually entails, staff would have a better understanding of what is or is
not a violation. The current Ordinance interpretation would mandate that the
storage of just one (1) item outdoors is a violation. While staff has no problem
utilizing common sense in this instance to avoid unnecessazy citations on local
property owner, the definition should be amended to specify a violation. It is not
uncommon for people of limited means to have various items stored on their
property for future use..
As with ,junked vehicles, many citizens residing in rural areas do not see this
situation as an eyesore or a problem that has to be corrected by the County.. For
many residents this is simply a practical way of life and al] pazt of the rural
character of the County as well as an economic issue where property owners elect
to store various items on their parcel of property for future personal use.
Staff contends that storage of materials outdoors on residential lots should be
limited but believes there still needs to be a formal definition or explanation of
what outdoor storage is considered to be in order to eliminate unnecessary
enforcement actions.
3. Illegal Dumping and Landfilling: A Landfill is defined in Article Twenty-two (22) as:
A site within which is deposited solid waste rnaterzal, includi~:g trash,
construction debris, stumps, branches and limbs, garbage, arad industrial
waste.
It should be remembered that debris does not have to be buried to constitute a landfilh
The mere dumping of debris creates a landfill outlined within our existing definition
section of the Zoning Ordinance, Landfills are only permitted in the RB Rural Suffer,
AR Agricultural Residential, R-1 Rural Residential, I-1 Industrial Light Industrial, I-2
Medium Industrial, I-.3 Heavy Industrial, and AS Agricultural Service Zoning Districts
with the issuance of a Special Use Permit, Class A or a Special Use Permit Class B for
sites wider two (2) acres in area.
a. OCCURANCE OF VIOLATION: This is the third most common complaint
issued to the Planning Department. Over the past year, complaint frequency has
increased in part due to the ban on burning land clearing waste associated with
new development. Complaints aze usually received from neighbors or from
another Cowrty Department such as Solid Waste or Erosion Control.. In many
cases the violators are commercial haulers that are looking for a cheap alternative
to a regulated landfill..
b. IMPACT OF VIOLATION: Potentially, this violation can be very injurious to
the general health, safety, and welfaze if not properly regulated and also
depending on what materials are buried illegally and how close the materials are
located to water tables, streams, and adjacent properties. This violation can also
be visually and audibly offensive to neighbors and surrounding development.
There have been cases of fire in extreme heat and drought conditions.
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c. TYPICAL GEOGRAPHIC LOCATION: While this type of violation is
extremely common in the more rural sections of the County, such as the AR
Agricultural Residential Zoning District, this is a countywide problem.
d. BRINGING VIOLATION INTO COMPLIANCE: Resolving or achieving
compliance of these violations is extremely difficult as they require constant
monitoring and inspections to ensure compliance.
e. COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies are necessary, such as court ordered abatement or the placement of liens
on property to ensure payment of issued civil citations, the attorney's office is
involved. The County Attorney is often notified of stop work orders. If court
action is required the County Attorney's office will be involved, The County's
efforts to this point have been tazgeting individuals allowing waste to be placed
on their properties. There needs to be better efforts to rein in haulers who aze
illegally dumping
f: PROBLEMS WITH ENFORCEMENT: No ordinances are currently in place
to target the individuals hauling to and dumping at unapproved sites.
4. Signs: Political Sign: Political Signs are regulated by Article Nine (9) of the Zoning
Ordinance. The regulations governing such signs are as follows:
Section 9,12, Paragraph g:
No more than three (3) signs totaling nine (9) square feet in m~ea are
pez°mitted on each residentially zoned lot in connection with elections and
political caznpaigzzs. Political signs shall be removed within seven (7)
days after the electio~z or the conclusion of the ca»zpaigrz. bz cases of
second or subsequent primaries, sigzzs must be removed seven (7) days
after the concluding election.
a. OCCURANCE OF VIOLATION: Violations of this type occur primarily in
two (2) and four (4) yeaz cycles normally coinciding with various local, state, and
national elections, Because of the profuse number of signs appearing suddenly
during these periods, the public is more aware of their presence and is more
sensitive to their proliferation as elections neaz,
b, IMPACT OF VIOLATION: Until recently, complaints had been few. Local
citizens complained during election seasons about poor visibility at intersections,
that political signs detracted from the overall aesthetic quality of the area, and that
such signs blocked motorists' view of other street signs.. Also, signs that are
placed alongside or underneath public safety signs create a distraction from the
traffic control signs.
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c. TYPICAL GEOGRAPHIC LOCATION: Countywide, predominately along
major roadways.
d, BRINGING VIOLATION INTO COMPLIANCE: Better cooperation
between the County Board of Elections and the Planning Department has had a
positive impact on reducing the improper placement of these types of signs, In
general, political sign violations have little impact on the health, safety, and
welfare of Orange County's citizens as long as sight visibility along roadways is
maintained and mowing operations are not hindered, Compliance effort, when
signs are clearly within the public right-of--way, is relatively easy, Signs on
private property follow the normal enforcement procedures, which can be lengthy.
e. COUNTY ATTORNEY INVOLVEMENT: None.
f PROBLEMS WITH ENFORCEMENT: The entire Sign Ordinance needs to be
comprehensively reworked in order to make existing regulations easier to
rmderstand, adhere to, and enforce,
Illegal Signs - In General:
Illegal Signs are signs that:
a. Are not located in accordance with the of the provisions of Article Nine
(9) of the Zoning Ordinance,
b. Located within a street right-of=way,
c. Exceed square footage limitations as specified in Article Nine (9),
d. Exceed height limitations as specified in Article Nine (9),
e, Do not adhere to lighting requirements as specified in Article Nine (9),
and
f. There are too many signs located on a specifc parcel of property.
a. OCCURANCE OF VIOLATION: Illegal signs is one (1) of the most
frequently occurring zoning violations in Orange County but appear to be the least
complained about.
Most illegal signs advertise real estate in rights-of--way at the intersections of
major highways and others simply give directions to events, churches, businesses,
etc. Large portable event and church signs, some permanently placed, are
violations of the zoning ordinance, Small off-premise signs in rights-of-way
advertising businesses are also very common. Banners, streamers, promotional
signs are common and generally can be corrected with a call to the business
owner..
b. IMPACT OF VIOLATION: Local citizens complain that illegally located signs
block visibility at intersections, detract from the aesthetic quality of the area,
block other important street signs, and provide an unfair business advantage
where businesses take adva~rtage of illegal advertising locations for their goods or
services,
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c. TYPICAL GEOGRAPHIC LOCATION: Countywide.
d. BRINGING INTO COMPLIANCE: The current policy, with respect to
addressing signs illegally located within a street right-of--way, is to leave them in
place unless they represent a potential public safety hazazd for motorists and
pedestrians. All other violations aze processed in accordance with Article
Twenty-three (23) of the Zoning Ordinance.
e. COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies are necessary, such as court ordered abatement or' the placement of liens
on property to ensure payment of issued civil citations, the attorney's office is
involved.
PROBLEMS WITH ENFORCEMENT: The Sign Ordinance needs to be
comprehensively reworked in order to make existing regulations easier to understand and
adhere to, Also all illegally located signs within public street rights-of=way should be
removed by the enforcement officer and others located on private property should go
through the normal enforcement process.
5. Abandoned or Junked Mobile Homes: Abandoned and/or junked mobile homes have
historically been regulated in accordance with Section 4.3 S50 Storage of Goods,
Outdoor, This section only allows for the storage of materials outdoors in the ECS
Existing Commercial Five (5), I-1 Industrial Light Industrial, I-2 Medium Industrial, and
I-.3 Heavy Industriah Outdoor storage is not allowed in residential zoning districts.
a. OCCURANCE OF VIOLATION: Sporadic,
b. IMPACT OF VIOLATION: Complaints about old, abandoned, or junked
mobile homes aze received primazily from neighbors and other County
departments, Such mobile homes are visually offensive to many citizens who not
only complain about the unsightliness of the situation but also about the possible
environmental problems associated with storing,junked mobile homes on property
(i,e. leaking fluids/chemicals, exposure of the area to insulation, etc.) as well as
providing a location for loitering and illegal activities (i.e, drug use), Abandoned
mobile homes represent a potential public health and safety hazard for local
residents.
c. TYPICAL GEOGRAPHIC LOCATION: Countywide.
d. BRINGING VIOLATION INTO COMPLIANCE: Disposal of old and,junked
mobile homes is a problem nat unique to Orange County, Removal and salvage
services for old mobile homes are difficult to find. Many abandoned mobile
homes end up to the reaz of lots, in fields, in the woods, grid in ,junkyards. On
farms some older mobile homes are converted into silage and hay storage sheds.
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Compliance effort is exhemely difficult due to the lack of specific regulatory
provisions addressing the issue, Staff is currently attempting to regulate the
storage of mobile homes under Section 6,16,7 Storage of .Junked or Wrecked
Motor Vehicles, as mobile homes are technically considered motor vehicles as
they aze registered with the North C.aznlina Department of Motor Vehicles (NC
DMV).
e. COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies are necessary, such as court ordered abatement or the placement of liens
on property to ensure payment of issued civil citations, the attorney's office is
involved.
f, PROBLEMS WITH ENFORCEMENT: There is really no effective way to
address this problem, The Zoning Enforcement Officer is working on developing
a program to provide financial assistance to local property owners interested in
removing these dilapidated units in accordance with legislation being reviewed by
the State,
For a detailed description of staff efforts, please review the memo in Appendix E.
6. Eneroaclrment: Encroaclunent is a situation where a structure under construction
violates existing setback regulations and is located in either required setback or open
space areas.
a. OCCLJRANCE OF VIOLATION: Sporadic..
b.. IMPACT OF VIOLATION: There are no real public health or safety issues
associated with this violation.. Complaints about encroachment often result from
disagreements between neighbors over structures crossing property lines or when
issues arise regarding clear title. Most of the time encroachment occurs when the
property owner or tenant fails to obtain a zoning or building permit or obtain a
professional land survey delineating the exact location of existing property lines.
A storage shed built too closely to a property line or straddling a line is a typical
violation, Fences erected on neighbors' properties or within public rights-of--way
is another common example of encroachment.
o. TYPICAL GEOGRAPHIC LOCATION: County wide.
d. BRINGING VIOLATION INTO COMPLIANCE: Compliance effort varies,
often being a civil matter between the affected parties. An eneroaclunent issue
would be processed as a common violation of the zoning ordinance,
e, COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies are necessary, such as court ordered abatement or the placement of liens
on property to ensure payment of issued civil citations, the attorney's office is
involved..
12
f: PROBLEMS WITH ENFORCEMENT: No major enforcement issues.
7. Illegal Use of Land and Building: As outlined in Article Four (4) of the Zoning
Ordinance, no use of property shall be allowed on individual parcels of property within
Orange County unless it is listed in the Permitted Uses Table contained in Section 43.
a. OCCLIRANCE OF VIOLATION: Sporadic, Violations have become
increasingly uncommon over the years since the adoption and enforcement of
comprehensive zoning regulations throughout the County.
In the 198Q's, illegal use of land and buildings was fairly common as local
residents struggled to understand the natwe and scope of zoning regulations and
requirements. In most cases, complaints about illegal use of land and/or a
building aze received from neighbors who notice a change in their neighbor's
property or an increase in activity at their neighbor's property.
Typical examples include repair of motor vehicles for others at a residence, most
of the time being within a gazage or backyard.
Another illegal use that the enforcement officer is forced to deal with is created by
the expansion of an existing nonconforming use. Nonconforming uses or
property are allowed to continue to operate to the extent that they existed upon
adoption of the zoning ordinance, specifically that they maintain the exact same
land area, intensity, and impervious surface area. Violations occur when the
property or business owner expands beyond the original azea for the land use as it
existed when zoning was first adopted by the County.
b. IMPACT OF VIOLATION: No major community impacts..
c. TYPICAL GEOGRAPHIC LOCATION: Countywide.
d. BRINGING VIOLATION INTO COMPLIANCE: Enforcement efforts
involving illegal uses of land and buildings are sensitive because it often farces
individuals or a business to shut down and relocate their operations. Often people
work out of their homes if they cannot find employment or do not want to work
for someone else. Shutting down such operations means unemployment. In
cases where the business operator does not live on the property but simply
operates an illegal business from an improperly zoned parcel, enforcement is
easier.
e, COUNTY ATTORNEY INVOLVEMENT: When additional enforcement
remedies are necessazy, such as court ordered abatement or the placement ofliens
on property to ensure payment of issued civil citations, the attorney's office is
involved..
f. PROBLEMS WITH ENFORCEMENT: No major enforcement issues.
13
SAI2RIERS TO ZONING COMPLIANCE:
With respect to enforcement of the Zoning Ordinance, there are certain barriers that affect the
enforcement officer's ability to properly address issues within the County. These barriers aze:
1. The Complainant: For the most pazt, complaints concerning supposed violations of the
Zoning Ordinance are reasonable in the eyes of those who are offended who believe
immediate action to abate the problem is always warranted. It is the,job of the Zoning
Enforcement Officer to determine if the complaint is valid and warrants enforcement
action.
During this initial phase of review, the enforcement officer must act as an impartial,judge
to detemnne the extent of the problem. All citizen concerns are important and are
,judiciously reseazched before a final decision is made. During this process, the
enforcement officer must educate the individual lodging the complaint on the procedures
that will have to be adhered to in addressing their concern or providing them with the
appropriate information explaining how the situation is not considered a violation of the
Zoning Ordinance.
In most cases, however, local residents are not satisfied with the answer of the
enforcement officer especially when the answer is that there is no violation of the Zoning
Ordinance.
Incases where a local citizen is not satisfied with the decision of the enforcement officer,
they continually contact staff with requests to do something, anything, to address their
problem. And while staff has sympathy, and offers suggestions as to what additional
action the complainant can take, it is perceived that we are uncaring or unsympathetic to
the property owner's needs when we camiot take any direct action..
2, The Process: The existing process utilized by Orange County to obtain compliance with
zoning regulations is lengthy and actually slows down zoning enforcement efforts. The
County uses the "customer service" approach to enforcement, which includes courtesy
visits and letters, formal notification, and finally legal involvement. This process is made
cleaz to citizens when they make a zoning complaint.
Unfortunately, very few violations are quickly corrected once staff makes contact with
the violator. A reasonable time frame for compliance must also beset for each step of the
process. The best-case scenario for a wrecked motor vehicle violation, unless it is a
repeat offence, where the violator has to be motivated to take action could take up to a
minimum of sixty (60) to ninety (90) days, especially if the violator is one (1) who knows
the procedures the County has to follow.
3. Citizen's Means: The inability of many violators to correct their violation is another
barrier. Many of the citizens responsible for violations in Orange County are of very
limited means and do not have the financial capacity to hire someone to correct their
14
violations or do not have the equipment and manpower necessary to correct their
violations.
4, Refusal to Accept Notices of Violation: Refusal to accept certified U.S, Mail is another
hindrance to enforcement efforts, It appeazs to be common knowledge to not accept
Certified Mail from Orange County if a violation exists on one's property.
Failure to accept Notice of Violation or Assessment of Civil Penalties letters slows down
the enforcement process due to it taking three weeks or more for the USPS to return
letters to the Planning Office, It also creates doubt during the three-week period as to
whether or not the violator actually received their official notice in writing.
One (1) method to resolve this problem is to mail out an uncertified letter in an unmarked
envelope at the same time a certified letter is mailed out, If the certified letter is returned
and the uncertified letter is not, the ordinance requirement to serve the violator is met,
This increases the cost of each mailing.
Another option that has been explored would involve having a Sheriffs Deputy deliver
any official notices or civil penalty assessments to the violator and then certify to the
Zoning Enforcement Officer of the date and time the violation was served, From a legal
standpoint, having a sworn officer certify delivery carries more weight with the Courts
should the case proceed to that level,
Staff has attempted to address this problem by creating a FIELD NOTICE OF
NONCOMPLIANCE that can be issued instead of a mailed initial notice of violation
(please see Appendix B). This has allowed staff to meet directly with the alleged
violator, explain the process, and work out a solution to the problem without having to
send out certified notices, This system, however, is not always practical and staff is in
continuing to utilize all available options to ensure the appropriate party is notified of a
zoning violation.
5. Lack of Follow Through with Violators: The low rate of compliance in cases that have
gone to court is yet another barrier. The amount of time it took the County to obtain
court orders requiring individuals such as Hoyle King and .Terry Baldwin to comply with
notices of violations are good examples to most citizens and violators in Orange County
of the difficulty of forcing anyone to comply with the zoning ordinance requirements.
While the County has moved forwazd on these projects, and is obtaining viable results,
the time it took to get to this stage leads local residents to believe that complying with
County notices of violation is not an immediate concern they should address.
6. Lack of Facilities: The lack of conveniently located, legally approved, locations in the
County that accept junked and wrecked vehicles, old and dilapidated mobile homes, yard
waste and similar debris, as well as companies or individuals to haul such items is one of
the biggest logistical problems in getting sites cleaned up,
15
One (1) option that staff has discussed is setting up a program where the County could
enter into a contract with a hauler who can periodically pick up and dispose of junked and
wrecked vehicles for citizens at no post. This could be done more intensely when scrap
metal prices are high. At times when scrap metal prices are lower, the County would
likely incur significant monetary costs in operating this type program.
SUMMARY TABLE OF THE EIGHT MOST COMMON ZONING VIOLATIONS:
Most Common Complaint Violation Forced Compliance County
Violations Frequency Impact Minimum Time * Attorney
-Ranlc- --Rank- -Scale-- Involvement
I" Illegal Signs 8"' 8'n (Countywide) Varies - 60 to 90days Rarely
2" Storage of Junked Very Difficult Occasionally
or Wrecked Motor 1st 1" 90 Days to 20 Years (Court Action)
Vehicles (RuraUCountywide)
Very Difficult Occasionally
3`d Storage of Goods, 2nd l"~ 90 Days to 1 Year (Court Action)
Outdoor (Rural/Count wide)
Extremely difficult Often
4°i Illegal Dumping 3rd :3rd 90 Days to I Year (Court Action)
and Landtilling (Agricultural,
Coun wide) _
Exfremely difficult
5°i Abandoned Mobile 5tb 7°i 90 Days and over Rarely
Homes (Agricultural, Rural)
6°i Encroachment 7°' 6°' (Countywide) Varies - 60 fo 90days Rarely
Difficult Occasionally
T° Illegal Use 6°i 5°' (Countywide) 90 Days and over (Court Action)
Varies
8°i Political Signs 4°'" 4"' (Countywide) 1 to 45 Days Never
*Election
C cle
'~` Volwitazy violation compliance ranges from 1 day to >1 year
16
GEOGRAPHICAL DISTRIBUTION OF ZONING VIOLATIONS:
Zoning violations occur in all areas of the County with no area immune to any type of violation.
There are currently approximately one hundred sixty (160) active zoning cases being pursued by
the Zoning Enforcement Officer, with the majority of these cases being over one (1) year old,
This lag in enforcement is due to the fact that there have been several vacancies in the
enforcement officers' position since 2002. This fact has meant that it has been difficult for the
Planning Department to establish a more forma] and rigorous enforcement program to address
local citizens concerns,
The existing code enforcement case load is distributed in the seven (7) townships as follows:
Little River: Nineteen (19) zoning enforcement violations being pursued by the
enforcement officer representing approximately twelve percent (12%) of the
total number of active cases
Type of Violations: Ten (10),junked car violations, three (3) outdoor storage
violations, four (4) illegally located signs, and two (2) encroachment issues.
Cedar Grove: Twenty-two (22) zoning enforcement violations being pursued by the
enforcement officer representing approximately fourteen percent (14%) of the
total number of active cases
Type of Violations: Fifteen (15) junked car violations with three (3)
properties being classified as major ,junkyards, four (4) outdoor storage
violations, one (1) landfill violation, and two (2) land use violations (i.e.
property owner began a land disturbing/construction activity without property
pernrits).
Cheeks: Fifty-four (54) zoning enforcement violations being pursued by the
enforcement officer representing approximately thirty-four percent (.34%) of
the total number of active cases
Type of Violations: Thirty (30) junked caz violations with three (3)
properties being classified as major junkyards, three (3) stream buffer
violations, eight (8) illegally located signs, six (6) outdoor storage violations,
four (4) landfill violations, and three (3) land use violations (i,e. property
owner began a land disturbing/construction activity without property permits).
Hillsborough: Nine (9) zoning enforcement violations being pursued by the enforcement
officer representing approximately six percent (6%) of the total number of
active cases
Type of Violations: Three (3) junked caz violations, four (4) outdoor storage
violations, and two (2) on-going land use violations (i,e, development of
property that exceeded original Zoning Compliance Permit provisions),
Eno: Twenty-two (22) zoning enforcement violations being pursued by the
enforcement officer representing approximately thirteen percent (13%) of the
total number of active cases
Type of Violations: Six (6) junked car violations, two (2) outdoor storage
violations, seven (7) illegally located signs, one (1) landfill violation, two (2)
17
illegally located signs, and three (3) on-going land use violations (i,e,
development of property that exceeded original Zoning Compliance Permit
provisions) with one (1) being considered a major violation of a Special Use
Permit.,
Bingham: Twenty-three (23) zoning enforcement violations being pursued by the
enforcement officer representing approximately fourteen percent (14%) of the
total number of active cases
Type of Violations: Nine (9) jurilced car violations, three (.3) outdoor storage
violations, two (2) landfill violations, five (5) illegally located signs, one (1)
buffer yard violation, and tlu-ee (3) land use violations (i.e. property owner
began a land disturbing/construction activity without property permits).
Chapel Hill: Twelve (12) zoning enforcement violations being pursued by the enforcement
officer representing approximately seven percent (7%) of the total number of
active cases
Type of Violations: Tluee (.3) junked car violations, three (3) outdoor storage
violations, three (.3) landfill violations, two (2) illegally located signs, and one
(1) land use violations (i.e. property owner began a land
disturbing/construction activity without property permits).
"~* Note: These are approximate numbers as staff is in the process of successfully closing
approximately forty (40) open cases. Staff' is doing what it can to address all open zoning
enforcement cases as well as handle all new violation complaints that are received by local
citizens,
18
CONCLUSIONS:
lu staff's opinion the issues surrounding specific azeas of zoning enforcement within Orange
County aze as follows:
1. Junked/Wrecked Motor Vehicles: With respect to the storage of junked or
wrecked motor vehicles there is currently no flexibility in the Ordinance to allow
for a property owner to store a functioning automobile on their property if it is
unlicensed or unregistered. There is na flexibility to allow individuals to work on
vehicles that may need minor repair work as they are now designated as `junked
vehicles' as per our existing Ordinance. While it is not in the best interest of the
County to allow for unlimited storage of vehicles on private property, staff
believes there is a middle ground that can be achieved that will further the
County's interests while at the same time allow for some flexibility for those
individuals desiring to store a couple of vehicles on their property that aze
unlicensed ar umregistered but are still in an operational condition.
2. Sign Ordinance: With respect to violations of the Sign Ordinance, staff believes
that there is a need for a comprehensive overhaul of the existing regulations to
remove contradictory sign standazds and create a more uniform Ordinance. Staff
arrived at this conclusion after conducting a study of past problems encountered
in the enforcement and interpretation of existing regulations, as most notably
exhibited by the recent confusion concerning the legal placement ofpolitical signs
in 2004. Tn staff's opinion, the current sign regulations fail in meeting citizen's
expectations for appearance and clarity and are weak and illegal, in certain
circumstances, from a legal standpoint. Staff believes that this review is
necessary to address on-going enforcement issues as well as update existing
regulations so that they conform to recent court fmdings concerning sign
regulation.
Staff has already identified the following azeas of the existing sign regulations
that need to be reviewed or azeas that may need to be added:
1. Definitions of various types of signs. The current Ordinance has
no definitions or examples of the vazious types of signs permitted
within the County,
2. Size (height and square footage) of signage. Currently, there are
several contradictory sections of the Ordinance that have lead to
multiple interpretations from various staff members concerning the
allowable sign area allowed per parcel of property. These
contradictory provisions need to be eliminated to avoid future
confusion,
3, Number of signs permitted (per lot, per building, per use), Once
again there are contradictory sections of the Ordinance that need to
be revised,
4. Signage not subject to permit requirements (i.e. temporary real
estate signs, temporary real estate development signs, construction
signs, special event signage, home occupation signage, and
19
political/campaign signs), Existing regulations are not sufficient to
properly outline the types of signs not subject to the permitting
requirements of the Ordinance, Staff would like to correct this in
the reconunended re-write,
5, Prohibited signs (i.e. flashing lights, temporary -nonpermanent
signs, vehicular signs, moving and flashing signs), As with the
previous section, the existing regulations are not adequate at
outlining the various types of prohibited signs. Staff would like to
correct this section in the recommended re-write as well..
6. Non-Conforrning signs. The existing regulations are unclear and
have lead to enforcement problems in the past.
7, Pennit requirements. The permit requirements are nebulous and
need clarification.
3. Abandoned Mobile Homes: With respect to the elimination of abandoned
mobile homes, there are potentially State funds that could be utilized to address
this problem. The Zoning Enforcement Officer had previously recommended to
senior Planning staff that the County, on its own volition, consider creating an
abatement grant program to address various violations tluoughout the region.
Now that the State may be establishing a program, it would be prudent for the
County to consider participating in that program (please refer to Appendix E),
4. Enforcement: With respect to current enforcement provisions contained in
Article Twenty-tluee (2.3) of the Zoning Ordinance, several existing requirements
are not consistent with State Statutory provisions. The Zoning Enforcement
Officer believes that minor tweaking of these regulations is necessary so that they
will more adequately reflect State requirements. Staff' would also like to clarify
the provisions cun~ently contained in Section 23.2.6 governing requests to extend
time limits for the correction of violations. The existing section is unclear and has
created confusion in the past. Staff believes that by simply modifying the existing
language, the process will be better explained and easier for interested parties to
adhere to.
The enforcement officer believes that the current requirement for a courtesy letter
to be sent to an alleged violator before an initial notice of violation uimecessarily
extends the time period required to bring a property into compliance with local
regulations.. Staff would like to combine the courtesy letter and initial letter of
noncompliance into one (1) document and require that the alleged violator contact
the enforcement officer within a set period of time, from receiving the letter, to set
up an appointment with staff to review the situation..
20
ADDITIONAL AREAS OF CONCERN:
While the fallowing issues are not currently a major enforcement problem, staff would like to
address them now to avoid future conflicts by malting minor changes to existing regulations,
definitions, and procedures to eliminate conflicts with existing internal policies, other established
regulations, and State Statutory requirements:
1. Administration: The Administration provisions of the Zoning Ordinance aze
contained in several sections of the Ordinance, specifically Article Two (2} Boazd
of County Commissioners and its Administrative .Mechanisms, Article Fourteen
(14) Site Plan Approval Procedures, Article Twenty-one (21) Administration, and
Article Twenty-three (23) Enforcement.
Staff would like to recommend condensing these various sections into one (1)
central administrative section of the Zoning Ordinance. A problem that has been
created by having multiple sections referencing the overall administration of the
Zoning Ordinance is that the regulations are unclear. Staff has to refer to multiple
sections of the Zoning Ordinance in order to properly address administrative
issues. When conflicts arise there have been problems in the past with finding an
effective method to properly address the conflict while still responding to a
citizen's request in a timely manner. This situation has lead to different
interpretations as to the requirements to obtain approvals for various projects and
has lead to frustration for local citizens desiring permits authorizing land
development activity,
Staff would like to make minor modifications to the existing Articles to address
these conflicts to make the administration of the Zoning Ordinance Baser to
understand and implement to avcid future conflicts or multiple interpretations for
local residents, Staff would also like to recommend combining several provisions
contained within these various Articles to streamline existing regulations and
make them easier to understand..
2. Daycare Facilities: In reviewing several provisions concerning the County's
existing licensing and approval procedures for Daycare facilities, staff has noticed
that there are several conflicts between our regulations and State licensing
requirements. Staff believes that minor tweaking of existing definitions and
regulations will address these conflicts and reduce fuhue concerns over daycaze
operations within the County.
3. Group Care Facilities: In reviewing several provisions concerning the County's
existing licensing and approval procedures for Group Caze facilities, staff has
noticed that there are several conflicts between our regulations and State licensing
requirements. Staff believes that minor tweaking of existing definitions and
regulations will address these conflicts and reduce future concerns over Croup
Care operations within the County.
21
STAFF RECOMMENDATION:
As indicated in the last section, staff has identified several areas where simple amendments will
provide some reasonable language that will allow for greater flexibility far local residents while
still allowing for effective zoning enforcement throughout the County. Staff' is seeking
authorization from the County Manager and the County Board of Commissioners to initiate the
following actions:
1. Prepare a proposed Zoning Ordinance amendment modifying existing regulations
governing the storage of junked motor vehicles within the County for review by
the Planning Board and County Board of Commissioners by the November 2005
PUBLIC HEARING,
2, Revise Article Nine (9) Sign Regulations for review by the Planning Board and
County Board of Commissioners November 2005 PUBLdC HEARING,
3. Prepare a proposed amendment to Article Twenty-three (2.3) Enforcement to
modify existing language governing the enforcement of the Zoning Ordinance
February 2006 PUBLIC HEARING,
4, Prepare a comprehensive abandoned mobile home abatement program in
accordance with the provisions of Senate Bi11913 as outlined in the memorandum
contained in Appendix E for review by the Planning Board and County Board of
Commissioners by the February 2006 PUBLIC HEARING..
Staff has already begun the process of identifying abandoned or dilapidated
mobile homes within the area in an effort to increase the County's chances of
being able to participate in the program once the State Legislature takes final
action.
This program will have to be a joint effort with the Zoning Enforcement Section
of the Planning Deparhnent and Solid Waste. Staff believes that an effective
program can be developed to address this important issue within the region,
5. Begin to work on a comprehensive report outlining recommended changes to the
various administrative provisions contained in the Zoning Ordinance £or review
by the Plarming Board and County Board of Commissioners by the February
2006 PUBLIC HEARING.
6. Prepare the necessary Zoning Ordinance amendments modifying existing
regulations governing the establislunent of Daycare facilities within the County
for review by the Planning Board and County Board of Commissioners by the
November 2005 PUBLIC HEARING, and
7, Prepare the necessary Zoning Ordinance amendments modifying existing
regulations governing the establislunent of Group Care facilities within the
County for review by the Planning Board and County Board of Commissioners by
the November 2005 PUBLIC HEARING.
Status of Code Enforcement in Orange County - Appendix A -Courtesy Notice:
ORANGE COUNTY P<_ANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
e,"oq v! ~.
Current Planning y` ; P 306E Revere Road
(919) 245-2575 ~_ ° ~y a ~ P O Box 8181
(919) 644-3002 (FAX) ,~ Hillsborough,
www.co.orange.nc.us °~~s ~.~~""' North Carolina, 27278
March 17, 2005
Property Owner Name
Property Owner Address
In the matter of: Courtesy Zoning Violation Notification
Dear Property Owner
Orange County is interested in promoting preservation of property through the benefits of
countywide zoning regulations. Occasionally, these rules are perceived as complex and not
generally larown. Staff' endeavors to notify residents or businesses where compliance may be in
question, so that the understanding of the County's rules can be explained and then the resident
or business can independently correct the situation.. This courtesy process can be better for all
parties involved (residents, businesses, neighbors, and staff) with regard to zoning matters.
The Orange County Planning Department is sending you this letter to request your
assistance in addressing an identified zoning violation on your property.
During a recent site inspection, conducted on February 11, 2005, it was found that there
are a large number of junked and/or wrecked motor vehicles stored on your property in violation
of the Orange County Zoning Ordinance, specifically Section 4.3 Permitted Use Table - S50
Storage of Goods, Outdoor as well as Section 6.16.7 Storage of Junked or Wrecked Motor
Vehicles. .luiilced or wrecked motor vehicles are defined in Article 22 (Definitions) of the
Zoning Ordinance as:
Motor vehicles Hdiich do riot display a can°errt license plate or a eurr~erst
registration sticker and which do riot display a current inspection sticker issued by
or° irr the same state as the license plate or registration sticker acrd ndrich either: (a)
Status of Code Enforcement in Orange County - Appendix A -Courtesy Notice:
are par•tialla~ dismantled or wrecked, or• (b) cannot beself-propelled o~° moved z~i the
naanner• in w)zich originally intended to move.
Tn the spirit of community cooperation we ask that you request that your tenant begin
work immediately to abate the identified zoning violation by removing all junked/wrecked motor
vehicles from the property within thirty (30) days from receipt of this letter. Further, we request
that you contact the Orange County Zoning Enforcement Officer, at the number provided below,
within five (5) business days from receipt of this letter to schedule an on-site inspection to
review the situation and formally establish a timeline to abate the identified zoning violations, If
appropriate action is not taken to correct the violation within thirty (30) days, the County will be
forced to issue an Initial Notice of Violation and seek additional code enforcement remedies,
The Orange County Planning Department looks forward to working with you on this
project and will be more than happy to make themselves available to you to address any concerns
you may have regazding this matter. Please contact Michael Harvey, Zoning Enforcement
Officer, at (919) 245-2607 for assistance.
Thank you in advance for your attention to this matter.
Sincerely,
Michael D. Harvey, AICP
Zoning Enforcement Officer
Orange County
Status of Code Enforcement in Orange County - Appendix B -Field Notice of Noncompliance:
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
306F Revere Road
Administration
(919) 245-2575 OR
(919) 245-2607
(919) 644-3002 (FAX)
www.co.orange.nc.us
P O Box 8181
Hillsborough, North Carolina, 27278
FIELD NOTICE OF NONCOMPLIANCE
Date of Inspection:
TMBL:
Zoning:
Property Street Address:
Type of Violation:
Property Owner:
Property Owner Mailing Address:
Property Owner Phone Number: _
Tenant:
Tenant Phone Number:
This Field Notice of Noncompliance is being submitted to you requesting your assistance with the elimination of an activity/situation that
is regarded as a violation of the Orange County Zoning Ordinance.
Orange County is interested in promoting preservation of property tluough the benefits of countywide zoning regulations, Occasionally,
these rules are perceived as complex and not generally known. Staff endeavors to notify residents or businesses where compliance may be
in question, so that the understanding of the County's rules can be explained and then the resident or business can independently correct
the situation. This process can be better for all parties involved (residents, businesses, neighbors, and staff) with regard to zoning matters.
Below is an explanation of why your activity contlicts with our present Zoning Ordinance.
The following actions are necessary to ahate the identified violation of the Zoning Ordinance.
In accordance with the Orange County Zoning Ordinance you have thirty (30) days to abate the identified violation(s) or face additional
enforcement action by the Comrty including the possible issuance of CIVIL CITATIONS each day the violation remains uncorrected.
You have the option to appealing any decision by the Zoning Enforcement Officer to the Orange County Board of Adjustment if you
bclicve the Zoning Enforcement Officer is in error with regard to an interpretation of the 7_.oning Ordinance. Applications for review can
Inspected By:
PIN:
V/atershed:
Status of Code Enforcement in Orange County - Appendix B -Field Notice of Noncompliance:
be obtained from the Planning Office. Please be advised that you have thirty (.30) days to file this appeal and that you will be responsible
for paying an application filling fee.
I, the undersigned, acknowledge that I met with the Zoning Enforcement Officer on the specified date where the nature of the Zoning
Violation was explained to me as well as my rights under the Orange County Zoning Ordinance. 1 acknowledge the receipt of the FIELD
NOTICE OF NONCOMPLIANCE and understand the terms and conditions necessary to abate the identified violation.. By signing the
notice I merely acknowledge that I have been notified by the Zoning Enforcement Officer that he/she believes a violation of the Zoning
Ordinance currently exists on my property but in no way waive my right to appeal the Zoning Enforcement Officer's decision to the
Orange County Boazd of Adjustment within thirty (30) days.
Property Owner/Tenant;
Date:
Zoning Enforcement Officer Date;
Status of Code Enforcement in Orange County - Appendix C -Initial Notice:
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
eaun+e o~ o
Current Planning ~~ , ~r• '>. 306E Revere Road
(919) 245-2575 ~r ° ° _' s= P O Box 8181
(919) 644-3002 (FAx) ,~° Hillsborough,
www.co.orange.nc.us '°~~s e.=~~~"' North Carolina, 27278
RETURN RECEII'T REQUESTED
March 31, 2005
Property Owner Name
Property Owner Address
Property Owner Address
In flee matter of: Initial Zoning Violation Notice -Property Clwner Address
(TMBZ, arul Parcel Identification Nauzber°s)
Dear Property Owner,
Recently County Planning Staff sent you a courtesy notice, dated Februazy 21, 2005,
reminding you that the County bad determined that you are operating a garage on your property
in violation of the Orange County Zoning Ordinance, specifically Section 4.3 Permitted Use
Table -Motor Vehicle Gara~e/Motor Vehicle Service Station. A motor vehicle repair garage is
defined in Article Twenty-two (22) of the Zoning Ordinance as:
An establishment wlzer°e the folloin~ing services are available: major mechanical
repairs ntcluding engine oven°haul azad d-ansmission wor/c. Repair garages can
also offer services similm to service stations.
The definition of motor vehicle service stations states that the following services
maybe rendered on-site:
Sale and servicing of spaz°% plugs, batteries and oa° distr°ibutor°s and igazition
systems part; sale, servicing, and repair of tires but not recapping oa° regrooving;
replacement of zmzfflers, tail pipes, ia~atea° hoses, fmz belts, brake, fluid, light bzdbs,
windslzield wipers cand blades, grease retanzers, wheel bearings and the like;
radiator cleaning, flzashnzg mzd .fluid replacement; ga°easi~zzg grad lubr•icatiaa;
pzrovision aaad repair of ,fuel pumps, oil pumps and lines; minor adjustment of
carbua•etors; adjustment and repair of brakes; enteagency repaia° of wiring; minor
motor adjustments not iravolvizzg the removal of the head or crankcase ...
CERTIFIED MAIL: 7003-1680-0004-9067-3237
Status of Code Enforcement in Orange County - Appendix C -Initial Notice:
As you are already aware from past correspondence, the County does not allow AR
zoned property to be used to support a motor vehicle gaaage. You were asked on previous
occasions, specifically the courtesy zoning notice, to address the problem by ceasing operations
consistent with a motor vehicle garage on the property. As of this date no action appeazs to have
been taken to address our concerns,
This letter is being sent to remind you that you aze still required to abate the identified
zoning violation by April 30, 2005,
You may seek to overturn the decision of the Zoning Enforcement Officer that you are
operating a motor vehicle garage by appealing this decision to the Orange County Boazd of
Adjustment. You may pick up an application at the Plamring Office located at 306 F Revere
Road in Hillsborough. Please be advised that you have
Failure to file the application requesting review of the Zoning Enforcement Officer's
interpretation by the Board of Adjustment, or abate the identified violation, by April 30, 2005
shall validate the interpretation of the Zoning Enforcement Officer and cause additional
enforcement action to be taken by staff.
The Orange County Planning Department looks forwazd to working with you on this
project and will be more than happy to make themselves available to you to address any concerns
you may have regarding this matter, Please contact Michael Harvey, Zoning Enforcement
Officer, at (919) 245-2607 for assistance,
Thank you in advance for your attention to this matter.
Sincerely,
Michael D. Harvey, AICP
Zoning Enforcement Officer
Orange County
CC: Craig Benedict, Planning Director
Robert P. Davis, Current Planning Supervisor,
Geoffrey E. Gledhill, County Attorney
Sean Borhanian, Associate County Attorney,
File
Status of Code Enforcement in Orange County - Appendix D -Final Notice:
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Co~n/P °/ Or
Current Planning ~` ; nj; ~ 306-F Revere Road
(919) 245-2575 .r ° ° _'~ _= P O Box 8181
(919) 644-3002 (FAX) ,~° Hillsborough,
www.co.orange.nc.us °~l, ~.~~"°' North Carolina, 27278
June 2, 2005
Property Owner Name
Property Owner Address
Property Owner Address
In the matter of: Final Notice ofZoniug Violation at Property Address
(Tax Map and Parcel Identification numbers)
Dear Property Owner:
The Orange County Planning Department is once again sending you this letter to request
your assistance in addressing an identified zoning violation on your° property.
During a recent site inspection of your property located at Property Address (Tax Map
Number and Parcel Identification Number), it was found that you are still storing ,junked or
wrecked motor vehicles in violation of Section 6.16.7 Storage of Junked or Wrecked Motor
Vehicles as well as storing various other items outdoors in violation of Section 4.3 Storage of
Goods, Outdoor of the Orange County Zoning Ordinance. Specifically, items such as
automobile and motorcycle parts, furniture, and domestic items are being stored outdoors
illegally on your property in addition to the storage of junked or wrecked motor vehicles. Your
property is zoned R-1 (U-ENO-PW) Rural Residential (Upper Eno Protected Watershed). The
referenced activities are not permitted in the R-1 zoning district. .Junked or wrecked motor
vehicles is defined as:
Motor vehicles which do not displaJl a current license plate w~ a current
registration sticker and which do not display a curreiat inspection sticlcer• issared
by or° in the same state as the license plate or registration sticlcer arrd wTsich
either: (a) are partially dismantled a- wrecked, or (b) cannot be se f propelled or
moved ire the manner in which originally intended to move.
CERTIFIED MAIL: 700.3-1680-0004-9067-3251
RETURN RECEIl'T REQUESTED
Status of Code Enforcement in Orange County - Appendix D -Final Notice:
As you are already aware from past correspondence, the County does not allow property
owners to store junked or wrecked motor vehicles on their property or to store items outdoors.
You have been asked on repeated occasions, specifically in September 16, 2003 and October 6,
2004, to address the problem by removing all identified junked/wrecked vehicles from the
property and remove all items currently stored outdoors. Staff recently inspected the property on
April 28, 2005 and .Tune 2, 2005 and found that no apparent effort has been taken to correct the
violation originally brought to your attention in 2003.
In the spirit of community cooperation we ask that you contact the Zoning Enforcement
Officer by Friday June 17, 2005 and schedule a meeting to review the situation and establish a
formal timeline for abating the identified zoning violations, or have the zoning violations abated
by July 8, 2005,
If you do not contact the Zoning Enforcement Officer by June 17, 2005, or abate the
identified zoning violation by July 8, 2005, the County will be forced to take additional action to
resolve this issue including the possible initiation of court action to compel the removal of the
junked vehicles and the assessment of daily civil penalties in the amount of five hundred dollars
($500.00) a day until the violation is abated.
The Orange County Planning Department looks forward to worlting with you on this
project and will be more than happy to make themselves available to you to address any concerns
you may have regarding this matter. Please contact Michael Hazvey, Zoning Enforcement
Officer, at (919) 245-2607 for assistance.
Thank you in advance for your attention to this matter.
Sincerely,
Michael D. Hazvey, AICP
Zoning Enforcement Off cer
Orange County
CC: Craig Benedict, Planning Director
Robert P, Davis, Current Planning Supervisor,
Geoffrey E. Gledhill, County Attorney
Sean Borhanian, Associate County Attorney,
File
Status of Code Enforcement in Orange County -Appendix E:
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Cvon~P v! Or
Administration ~` ~ nT~ `p 306E Revere Road
(919) 245-2575 ~_ ° -' s> P O Box 8181
(919) 644-3002 (FAx) ~° Hillsborough,
www.co.orange.nc.us '°~,b e.~>~~°' North Carolina, 27278
MEMOP;ANDUM:
TO: Craig Benedict, AICP
PlanningThiartar
FROM: Michael D. Harvey, AICP
Zoning Enforcement Officer
CC: Robert P. Davis, AICP
Current Planning Supervisor
DATE: Tuesday, May 03, 2005
RE: REVIEW of State Legislation to establish and L^nvironmental Recovery Fee for
Mobile Homes
Please be advised that the State Legislature is currently reviewing a bill that would establish a
fund to assist counties with the cost of removing old, dilapidated mobile homes. This
memorandum provides an analysis of the proposed legislation and what impact, if any, will be
felt in Orange County.
BACKGROUND:
The Senate Bill, specifically Senate Bill 91.3, was sponsored by Senator Dan Clodfelter of
Mecldenburg Comity and co-sponsored by Senator Stan Binghani, of Davidson and Guilford
Comities, and John I{err III, of Pitt, Wayne, and Greene Counties. The Bill was filled in March of
2005 and referred to the Judiciary Committee for review and comment. A similar Bill has been
submitted in the House for review, specifically House Bill 1288,
The Bill, as currently written, would establish a manufactured home disposal tax of $300 for each new
or used single-wide manufactured home, and for each section of each new or used multi-section
manufachued home, applicable to sales that occur on or alter .Tan, 1, 2006. It is important to note that
the proposed manufactured home disposal tax does not include a fee on the lease or rental of mobile
homes within the State. The proceeds of this disposal tax would be deposited in a Manufactured
Status of Code Enforcement in Orange County -Appendix E:
Home Recovery Fund administered by the North Carolina Department of Environment and Natural
Resources (NC DENR) Division of Waste Management.
In order for individual counties to take advantage of the program, each county shall:
• Be required to develop a comprehensive plan that outlines the process for managing
abandoned manufactured homes,
• The plan shall become part of the comprehensive solid waste management ordinance,
• Detail the process the county shall adhere to in abating the nuisances caused by
abandoned manufactured homes, and
• Outline the procedure the counties shall utilize to contract for the management of the
program.
PROPOSED PROGRAM:
The Recovery Fund is designed to reimburse counties approximately seventy-five (75) percent of the
cost of recovering units, not to exceed $750..00, for each manufactured home that they have recovered.
The remaining costs for removal shall be borne by the County.
In developing the required abatement plan, a county is required to incorporate the following
elements:
(1) Create an inventory of all abandoned manufactured homes in the county,
(2) Provide a detailed description concerning the process that will be utilized for the
deconstruction of these abandoned manufactured homes,
(3) Provide for the removal of the components thereof for reuse or recycling, as
appropriate and
(4) Provide for the proper disposal of the remaining abandoned manufactured homes
that were not deconstructed under subdivision (2) of this subsection.
Under the proposed Bill, a county may contract with another unit of local government or a
private entity in accordance with Article 15 of Chapter 153A of the General Statutes to provide
for the management of abandoned manufactured homes within the county and the
implementation of its management plan.
In accordance with the Bill's provisions, once a county institutes and adopts the plan for the
management of abandoned manufactured homes, they can then begin the process of notifying
identified mobile homes owner, the person responsible for each identified abandoned
manufactured home, or an individual whose property an abandoned mobile home is located, that
the abandoned manufactured home constitutes a nuisance and must be removed.
The Bill requires that counties allow a mobile home owner, or the property owner where the
mobile home is located, cited under this new provision ninety (90) days to remove the unit prior
to the county taking any additional action. This ninety (90) day provision will have to be
included within the mobile home management plan. If the person fails to take the requested
action within the allotted time frame, the county shall take any action it deems reasonably
2
Status of Code Enforcement in Orauge County -Appendix E:
necessary to abate the nuisance, including entering the property where the abandoned
manufactured home is located and arranging to have the abandoned manufactured home
deconstructed and disposed of in a manner consistent with the adopted management plan.
The Bill authorizes counties to seek reimbursement from the owner of the abandoned mobile
home, or the property owner where the abandoned mobile home is located, for any unpaid
property taxes due on the home and for the actual costs incurred by the county, directly or
indirectly, for its abatement activities and its administrative and legal expenses related to its
abatement activities. It should be noted that this amount shall not include the amount of any
grants received through this program for the abatement activities for that manufactured home.
The Bill authorizes counties to initiate a civil action to recover these unpaid taxes or costs from the
person responsible for the abandoned manufachred home..
Each county that requests a reimbursement grant from the program shall be required to submit a
detailed budget specifying the expenses it expects to incur in a specified time period in
connection with the activities under the abandoned manufactured home program..
As outlined within the Bill, DENR shall review each submitted budget and make modifications
to the proposal based on the availability of funds in the Manufactured Homes Management
Account, the county's capacity to effectively and efficiently manage the abatement of abandoned
manufactured homes, and any other factors that the Department reasonably determines aze
relevant. Once DENR and a cowrty agree on the amount of the county's budget under this
subsection, DENR and the county shall execute a grant agreement that reflects this amount and
that specifies the time period covered by the grant agreement.. The amount of the budget in any
grant agreement is the maximum aznount that airy county may receive as a reimbursement grant
from all sources for abatement activities for the time period specified in the agreement.
Under the teens of the Bill, each comity is responsible for at least twenty-five percent (25%) of the
cost of identifyhig, removing, deconstructing, recycling, and disposing of each abandoned
manufactwed home. A county can only use reimbursement grant funds for operating expenses that aze
directly related to the management of abandoned manufactm ed homes.
As part of the grant program, any county that receives a reimbursement grant under this new
program will be responsible for completing an annual report for submission to the DENR
detailing:
• The funds the county received as a grant,
• The manner in which the grant was used, and
• An assessment of the county's progress in removing, deconstructing, recycling, and
disposing of abandoned manufactured homes consistent with program and the local
ma~ragement plan.
This information is required, under the current wording of the Bill, for inclusion in the Am1ua1
Financial Inforn~ation Report prepared in accordance with G S. 159-.3.3.1..
3
Status of Code Enforcement in Orange County -Appendix E:
CONCLUSION:
In staff's opinion, this program has merit and strong support and consideration should be given
to this initiative.
There aze numerous abandoned or dilapidated mobile homes throughout the County that could be
removed under this program. Staff had previously recommended that the County, on its own
volition, consider creating an abatement grant program to address various violations throughout
the region. While this is not technically a voluntazy program, the County can utilize the
available grant funds to address the problems created with property owners storing old,
dilapidated, mobile homes on their property.
Staff recommends that a meeting be scheduled with the Department of Solid Waste and that the
Zoning Enforcement Officer begin the process of working with staff to develop an abandoned
mobile home abatement program in accordance with the provisions of this legislation.
Staff has already begun the process of identifying abandoned or dilapidated mobile homes within
the area in an effort to increase the County's chances of being able to participate in the program.
Tlus program will have to be a joint effort with the Zoning Enforcement Section of the Planning
Depaztment and Solid Waste. Staff believes that an effective program can be developed to
address this important issue within the region..
Attachment 3
Board of County Commissioners and Planning Board
Regulation Amendment Details, Analysis and Reporting (RADAR)
Check Appropriate Box
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY PLANNING BOARD INITIATIVES
STAFF: Craig Benedict, AtCP -Planning Director
OTHER
RESEARCH STUDY
REGULATION CHANGE
PROJECT/ISSUE/ NAME: Overgrown developed lots of record
1. Initiation Date: duly 18,1005 - Crai Benedict
2. County Manager: Sent: Received:
3. Board oC County Commissioners: Sent: Received:
4, TimeCramc:
Purpose: Staff has received several complaints from local property owners concerning overgrown developed lots of
record. Each of these complaints appears to center around vacant properties containing rental-housing units. The Zoning
Ordinance does not contain any provisions to address this issue. The existing Minimum Housing Ordinance appears to
contain language that could address this problem, but the language does not specifically relate to these situations.
Project Framework: The County either needs to modify existing language within the Minimum Housing Code to
address this situation more specifically, create and adopt a genera] Nuisance Ordinance, or decide that this is anon-issue.
Team Leader:
Team Participants:
IMPLEMENTATION/ACTION PLAN:
G \Cmnprd¢nsiee i'lannin~ Piv\GfiN[@0051'ublic I lrnrings\Auy'_2 (CLnngnl ro \VS)\ZOninp,~iferynfftrt~+NAR - Nn.:,na .auenanc
1. Planning Board Subcommittee Review:
RESULrs/Fmnrncs:
Z. Public H
RESUL
Review:
G ~Compmhcnsivo Planning Div\GCN[~2003I'ublic HcaringzNug'? (Chan6cd m WS)~Zoni~Snfere~~CR~J.DAtt - Nuisance issues doe
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