HomeMy WebLinkAboutORC Agenda Packet - Dec 3 2025 1
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
CJ`
AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, December 3, 2025
Ordinance Review Committee
7:30 p.m. (immediately following the 7:00 Regular meeting )
Note: This Ordinance Review Committee (ORC) meeting is for Planning Board members who
would like to attend. Attendance is not mandatory and a quorum is not necessary for the ORC
meeting.
Page Agenda Item
1. CALL TO ORDER
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT — OMNIBUS
2. 2 - 28 AMENDMENT PACKAGE - To review Planning Director-initiated
amendments to the UDO that include a variety of topics such as error
corrections, incorporation of recent changes in State laws, internal
inconsistencies, addressing existing school needs, and better serving
the public interest.
Presenter: Cy Stober, Planning Director
3 ADJOURNMENT
2
ORANGE COUNTY
PLANNING BOARD
ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 2025
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) Text Amendment — Subdivision
Administration
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Amendments (25 pages) Cy Stober, Planning Director, (919) 245-2592
Tyler Sliger, Erosion Control Officer I, (919)
245-2582
Steve Kaltenbach, Erosion Control &
Stormwater Manager, (919) 245-2588
PURPOSE: To review and comment upon proposed government-initiated Unified Development
Ordinance (UDO) text amendments to 1) correct some internal reference errors; 2) provide an
allowance for existing schools to expand as a legal non-conforming use; 3) eliminate a unique
fence setback applied to swimming pools; 4) eliminate an Erosion Control "waiver" that creates
an unnecessary regulatory burden for applicants; and 5) provide updates reflecting the statutory
requirements imposed by NC Session Law 2025-94 (aka "Regulatory Reform Act of 2025").
BACKGROUND: North Carolina Session Law (NCSL) 2025-94, initiated as House Bill 926,
instituted several legal changes to the General Statutes that rendered language in the Orange
County Unified Development Ordinance (UDO) obsolete and in need of amendment.
Specifically, it raised the threshold for imposing stormwater regulation to individual single-family
residential lots from 0.5 acres of disturbance to 1 acre of disturbance; prohibits any waiting
period for denied land use applications (zoning, special use permits, subdivision); prohibits local
land use control of properties owned by the University of North Carolina in Orange County; and
clarified the landowner rights and process to clarify regulatory authority on properties in multiple
zoning jurisdictions. The amendments to reflect these statutory changes can be seen in
Sections 1.1.6, 2.2.8, 5.8.3, and 6.14.5 of the UDO. There is also language in Section 2.8.8
regarding the Planning Board recommendation that is incompatible with the language of NC
General Statutes 160D-604 & 605 and is proposed for amendment accordingly.
The Planning Director is also proposing amendments that address language that presents staff
difficulty in clearly and confidently administering the UDO. These include a unique and arbitrary
swimming pool fence setback found in the "Accessory Use" definition; several erroneous internal
cross-references for wireless telecommunication tower standards in Section 5.10; an allowance
for existing schools to expand by up to 50% on their presently-used properties as a legal non-
conforming use; correcting small but significant errors to the NR-CD, HP-CD, and MPD-CD
descriptions in Section 3.8; and clarification of public notification requirements in Section 2.3.5.
The Planning Director is also recommending the amendment of the UDO to eliminate of the
Land Disturbance Permit "waiver", as proposed by the Erosion Control & Stormwater Division
3
staff. On the waiver, an applicant states how much land they will disturb and attest they will
remain under the land disturbance permitting thresholds found in the UDO (they differ by
watershed). In the county's relatively new permitting system and protocol, an applicant is now
required to state their proposed land disturbance on the building permit application. Erosion
Control staff reviews and signs off on all building permit applications in Energov, the County's
central permitting software that launched in 2017. The waiver is therefore a redundant and
unnecessary step, often misunderstood by applicants and creating delays in issuing building
permits. Staff recommends removing it to avoid administrative redundancy and permitting
delays.
These amendments still require internal and legal review. In compliance with the Orange
County-Chapel Hill-Carrboro Joint Planning Land Use Plan and Agreement, the proposed
amendments will be sent to both towns for comment. Proposed text amendment language can
be found in Attachment 1 within a "track changes" format.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
Attachment 1 Article 1: AdministratiO4
Section 1.1: General Provisions
(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, including the provisions of NC General Statutes
160D-913, 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 Zoning Atlas amendment is adopted and the action is deemed inconsistent
with the adopted Comprehensive Plan, the Zoning Atlas amendment shall have
the effect of also amending the Future Land Use Map of the Comprehensive
Plan.
(a) In such a case, no additional application or fee for a Comprehensive
Plan amendment shall be required of the applicant.
(B) The enforcement, interpretation, and application of the standards contained herein shall
be consistent with the goals and policies of the Comprehensive Plan and shall not create
a situation that is inconsistent with the goals and policies contained therein.
1.1.8 Regulation of Farming and Bona Fide Farm Activities
The provisions of this Ordinance which are adopted under Chapter 160D, Article 7 do not apply to
property used for bona fide farm purposes, as defined within North Carolina General Statutes,
except as follows:
(A) Any non-farm use of farm property,
(B) Compliance with all regulations required to be imposed by the Federal Emergency
Management Agency (FEMA)through the National Flood Insurance Program including all
applicable Flood Insurance Rate Maps (FIRM), and
(C) Compliance with the Orange County flood damage prevention regulations as detailed
within this Ordinance.
1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
(A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law,
the more restrictive provision governs, to the extent permitted by law. The more
restrictive provision is the one that imposes greater restrictions or more stringent controls.
(B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in
other adopted ordinances or regulations of the County, the more restrictive provision
Orange County, North Carolina—Unified Development Ordinance Page 1-3
Article 2: Procedureei
Section 2.2: Applications
(8) Utility Providers.
(D) The applicant will be advised of the various development standards and review/approval
processes for the project as well as any preliminary concerns regarding the project.
2.2.6 Application Completeness
(A) An application shall be considered complete and ready for processing only if it is
submitted in the required form and quantity, includes all required information, and is
accompanied by the required filing fee.
(B) The Planning Director shall review all submitted applications to determine compliance
with all submittal requirements.
(C) The Planning Director shall accept or reject an application within five business days from
the date of submittal. If the application is not acted upon within this time frame, the
applicant shall receive a full refund of all filing fees if the application is rejected.
(D) The Planning Director shall notify the applicant, in writing, of any deficiencies in the
application and invite the applicant to revise the application to correct identified
deficiencies. If or when the application complies with all submittal requirements, the
Planning Director shall accept the application as complete and notify the applicant of its
acceptance.
(E) No further processing of incomplete applications will occur until deficiencies are
corrected.
2.2.7 Withdrawal of Applications
(A) Submission of Request
Any request for withdrawal of an application subject to a public hearing shall be submitted
in writing to the Planning Director, or shall be made through a verbal request at a public
hearing.
(B) Prior to Notice of Public Hearing
The Planning Director shall approve a request for withdrawal of an application if it has
been submitted prior to public notification of the application in accordance with public
notification requirements for the specific application type.
(C) Subsequent to Notice of Public Hearing
Withdrawal of an application subsequent to public notification of the application in
accordance with public notification requirements for the specific application type shall be
considered, for the purposes of this Article, a denial of the application.
(D) Fees
Fees shall not be refunded for withdrawn applications.
2.2.8 Reserved' Ef n-t of nenial on Subsequent nnnliGatiens
(A) If the Board of County Commissioners denies an appllnatlon er the application is
or similar amendMeRt, affeGtiRg the sarne property Gr a pertion of it, may be submitted for
a peried Of GRe year. Said ene year period begins en the date A-f denial A-.r vVithdrawal, as
Ae
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:
1 Rendered illegal by NCSL 2025-94
Orange County, North Carolina-Unified Development Ordinance Page 2-3
Article 2: Procedurea
Section 2.3: Comprehensive Plan Amendments
(A) Comprehensive Plan amendments—legislative
(B) Special Use Permits—quasi-judicial
(C) Zoning Atlas and Unified Development Ordinance amendments —legislative
(D) Conditional District- legislative
SECTION • Comprehensive Ap
plication
AMENDMENTS Plan Submittal
2.3.1 Review and Approval Flow Chart Amendments
The review and approval process for Comprehensive
Plan Amendments is shown in the procedure's Text Future Land Use Map
flowchart.
2.3.2 Generally
Post Sign /Mail Notice for
(A) The Comprehensive Plan shall be so Planning Board Meeting
prepared that all or individual elements and and Public Hearing
parts thereof may be adopted and/or
amended by the Board of Commissioners.
(B) For the purpose of establishing and Development Advisory
maintaining sound, stable, and desirable Committee Meeting
development within Orange County, the
Comprehensive Plan or portion thereof shall
not be amended except as follows:
Staff Recommendation to
(1) Because of changed or changing Planning Board
conditions in a particular area or
areas of the County;
(2) To correct an error or omission; or
Planning Board Review
(3) In response to a change in the and Recommendation
policies, objectives, principles or
standards governing the physical
development of the County.
Publish Legal Ad
2.3.3 Initiation of Amendments (Both Amendment Types)
(A) An amendment to the Comprehensive Plan
or portion thereof may be initiated by:
(1) The Board of Commissioners on its Staff and Planning Board
own motion; Recommendation to BOCC
(2) The Planning Board;
(3) Application, by any person or
agency, which accurately and Public Hearing
completely sets forth the reason(s)
for the proposed amendment as
prescribed in Section 2.3.2(B); or
BOCC Decision
(4) The Planning Director.
(B) Once initiated, all amendments shall be
referred to the Planning Board.
Note: This chart is meant as a graphical
representation of the UDO text;the text shall take
priority in any conflict or ambiguity.
Orange County, North Carolina—Unified Development Ordinance Page 2-4
Article 2: Procedure?
Section 2.3: Comprehensive Plan Amendments
2.3.4 Public Hearing Required
A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment.
The Board of County Commissioners shall hear applications and receive public comment for
proposed Comprehensive Plan amendments in a Public Hearing.
2.3.5 Notice Requirements for Planning Board Meetings and Public Hearings
(A) The Planning Director shall provide notice of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Future Land Use Map
amendments and Public Hearings at which an amendment to the Future Land Use Map
is to be reviewed. Notifications of proposed Future Land Use Map amendments shall
occur as follows:
(1) Notice of the Planning Board meeting and public hearing shall be posted on the
affected parcel or on an adjacent public right of way a minimum of ten days, but
not more than 25 days, prior to the Planning Board meeting or public hearing.
Said notice shall contain the time and location off the Planning Board
meeting and public hearing, whichever is relevant to the posted notice.
(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,
or tax records of adjoining counties, 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 beth the Planning Board meeting and
or public hearing, whichever is relevant to the notice. The outside of the envelope
or postcard shall be marked either"Notice of Planning Board Meeting' or"Notice
of Public Hearing.-", whichever is relevant to the notice.
(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).
(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.
Orange County, North Carolina—Unified Development Ordinance Page 2-5
Article 2: Procedurea
Section 2.7: Special Use Permits
aGGOrdaRGe with the p of SeGtO R G 1 n R (B) (2).2
2.7.6 Notice Requirements for Special Use Permits
(A) The Planning Director shall give notice of the date, time and place of the Evidentiary
Hearing to be held to receive evidence in the form of testimony and exhibits pertaining to
the application for a Special Use.
(1) Written notice shall be sent by first class mail to all adjacent property owners at
least ten days but not more than 25 days before the hearing date. Adjacent
property owners are those whose property lies within one thousand feet of the
affected property and whose names and addresses are currently listed in the
Orange County tax records. The outside of the envelope or postcard shall be
marked "Notice of Evidentiary Hearing."
(2) The Planning Director shall post on the affected property a notice of the
Evidentiary Hearing at least ten days but not more than 25 days prior to the date
of said hearing.
2.7.7 Nature of Proceedings
(A) The review of Special Use Permit applications shall be conducted during an Evidentiary
Hearing.
(B) The review of a Special Use Permit application is a quasi-judicial process, where the
Board of Adjustment acts much like a panel of judges. The Board hears factual evidence
and sworn testimony presented at an evidentiary hearing, and then makes findings of fact
supported by competent, substantial, and material evidence.
(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.
(D) The chair or presiding officer of the hearing shall swear all parties intending to present
evidence or testimony during the Evidentiary Hearing.
(E) The chair or presiding officer may take whatever action is necessary to limit testimony to
the presentation of new factual evidence that is material to the application, to ensure fair
and orderly proceedings, and to otherwise promote the efficient and effective gathering of
evidence. Such actions may include:
(1) Barring the presentation of obvious hearsay evidence,
(2) Barring the presentation of non-expert opinion,
(3) Interrupting digressions into immaterial testimony,
(4) Interrupting repetitive testimony,
(5) Reasonably limiting the time allotted each witness or cross-examination,
(6) Providing for the selection of spokespersons to represent groups of persons with
common interests,
(7) Interrupting personal attacks, and/or
(8) Ordering an end to disorderly conduct.
(F) Where 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,
2 No longer a valid reference.The standards for telecommunications facilities require a SUP.A NIM is held
accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 2-21
Article 2: Procedureg
Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments
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.
(E) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
2.8.8 Planning Board Review
(A) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(B) The Planning Board's action on an application shall be one of the following:
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes, or
(4) Recommend the Planning Board be given extended time to consider the matter.
(C) In making its recommendation, the Planning Board shall also approve a statement
describing whether its action is consistent with an adopted comprehensive plan or any
other officially adopted plan that is applicable, and briefly explain why the board
rensidero the on+ien token +e her able and in the p blin interest.1
(D) Should the Planning Board fail to make a recommendation prior to the Public Hearing,
the application shall be forwarded to the Board of County Commissioners without a
Planning Board recommendation.
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall hold a public hearing after the Planning Board
either makes its recommendation or takes no action on the application within 30 days of
its referral.
(B) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(C) In making its decision, the Board of County Commissioners shall consider adopted plans,
comments made at the public hearing, the Planning Board's recommendation, and the
Planning Director's recommendation. In accordance with NCGS 160D-605, the Board of
County Commissioners shall also approve a statement describing whether its action is
consistent with an adopted comprehensive plan or any other officially adopted plan that is
applicable, and briefly explain why the board considers the action taken to be reasonable
and in the public interest.
2.8.10 Text Revisions Pertaining to Erosion and Sedimentation Control Provisions
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission's revisions to the State's Model Erosion and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments to the North Carolina Sedimentation Control Commission for its
consideration and comments.
(B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission's
comments, Orange County shall formally consider proposed amendments and, to the
3 NCGS 160D-604&605 explicitly reserves this responsibility and privilege for the governing board (BOCC).
Orange County, North Carolina—Unified Development Ordinance Page 2-28
Article 2: Procedurfe
Section 2.14: Minor Subdivisions
(7) If the application is denied, the Planning Director shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessary
for potential approval.
2.14.5 Final Plat
Upon approval of the Concept Plan by the Planning Director, the subdivider may proceed with the
preparation of the Final Plat.
(A) Application Requirements
(1) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
(2) Applications shall include:
(a) Ten copies of the Final Plat prepared in accordance with Section
7.14.1(B) of this Ordinance;
(b) A copy of the Final Plat indicating Health Department approval/denial for
each lot shown thereon;
(c) Auxiliary documents prepared in accordance with Article 7 of this
Ordinance which ensure completion and/or maintenance of required
improvements. Such documents may include, but not be limited to, a
private road maintenance agreement; any necessary Performance
Guarantees for required improvements; and guarantee of installation of
any required road signs;
(d) A copy of the Final Plat indicating approval of the plan to control
sedimentation and erosion during construction of improvements. Where
an Erosion and Sedimentation Control Plan is required, it shall comply
with the provisions of Section 6.15 of this Ordinance. if an Er lien and
Se.diMeRtatien Centre! Plan is not required, the GOPY of the Final Plat
must be s ed by the Eresien +`enure OffiGer Gerfifying that a plan
v:;�er;ee-heeR appFeved ^r the inn r-f 1.an J dist FbaR a on the site
is not subject to the provisions of Section 6.15 of this Ordinance; and
(e) A statement describing the methods proposed to protect environmental
resources identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological and Geological Significance in the
Unincorporated Portions of Orange County" and/or"Inventory of the
Natural Areas and Wildlife Habitats of Orange County, North Carolina".
(B) Review and Action
(1) The Planning Director shall determine if the plat and application conform with all
applicable regulations.
(2) Auxiliary documents required by Article 7 shall be submitted by the Planning
Director to the County Attorney for review and recommendation.
(3) The Planning Director may submit copies of the Final Plat application and
accompanying material to other officials and agencies for review and comment.
Other potential reviewers include, but are not limited to:
(a) NC DOT,
(b) Orange County Schools,
(c) Orange County Land Records,
(d) County Attorney,
(e) Orange County Environmental Health,
(f) Orange County Erosion Control,
Orange County, North Carolina-Unified Development Ordinance Page 2-44
Article 3: Base Zoning Distri9tt
Section 3.8: Conditional Districts
Tract size, min. (acres) 5
Tract Front Setback from No requirement[1]
ROW, min. (feet)
-• Tract Side Setback, min. No requirement[1]
(feet)
The purpose of the Master Plan Development Conditional District
(MPD-CD) is to provide for unified large scale subdivisions, non- Tract Rear Setback, min. No requirement[1]
residential, and mixed-use developments that promote economical (feet)
and efficient land use, improved level of amenities, appropriate and
harmonious variety, creative design, and a better environment
through the approval of a general concept Master Plan the permits Height, max. (feet) No requirement[1]
defined flexibility to accommodate land use adjustments in response
to evolving market trends.
Tract Floor Area Ratio, No requirement[1]
max
1
The district shall be located in such a manner as to be compatible Ratio, min.Required Open Space No requirement[ ]
with the character of existing development of surrounding properties,
thus ensuring the continued conservation of building values and
encouraging the most appropriate use of land in the county. Required Livability Space No requirement[1]
Therefore,when evaluating an application for this district, emphasis Ratio, min.
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 Recreation No requirement[1]
Space Ratio, min.
DIMENSIONAL STANDARDS NOTES: Required Pedestrian/ No requirement[1]
[1]The MPD-CD district is intended to allow for flexibility in Landscape Ratio, min.
dimensional standards. The overall development will be evaluated
to ensure compatibility with surrounding properties and with planning
objectives.
Specific site development standards can be approved with the
Master Plan.
MPD-CD DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. MPD-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 MPD-CD District in Section 5.2. Additionally, non-residential uses
are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section
4.2.3 for land use restrictions.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of
individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-63
Article 3: Base Zoning Distrigt2
Section 3.8: Conditional Districts
6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance or provide creative alternatives that meet
the intent and spirit of the regulations.
7. the IR-61ral Buffer(RB)'-;and- I-Ise as dPn.n4Qd on thp adepted Comprehensive Plan, only the
''Adpr An nMrn.,rnst;;nrLQs; ;h;;" a MPID CID be appr ved fora retail or land --se
following types -of uses shall be P-onsidered fera A4PlD-GD- residential --ses, institutional uses and prefessional
4 Comp Plan does not recommend MPD-CD in Rural Buffer
Orange County, North Carolina-Unified Development Ordinance Page 3-64
Article 3: Base Zoning Distri9ti
Section 3.8: Conditional Districts
DIMENSIONAL . RATIO STANDARDS
Tract size, min./max. 5/100
HOMEPARK
(acres)
Tract Front Setback 40
from ROW, min. (feet)
PURPOSE
Tract Side Setback, 20
min. (feet)
The purpose of the Home Park Conditional District (HP-CD)is to Tract Rear Setback,
provide for the development of properly located and planned 20
facilities for mobile home and temporary housing unit parks. min. (feet)
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 adjoining 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 ensuring the continued conservation of building values and Consistent with
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-CD DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the HP-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 3-65
Article 3: Base Zoning Distriq%
Section 3.8: Conditional Districts
5. See Section 5.5.54 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 5.5.54
shall be met.
7. Each home space shall contain only one designated temporary or permanent residential unit. Accessory Dwelling Units
are prohibited within HP-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-CD 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 3-66
Article 3: Base Zoning Distri9t5
Section 3.8: Conditional Districts
Tract size, min. (acres) none
Tract Front Setback from No requirement[1]
ROW, min. (feet)
_ - Tract Side Setback, min. No requirement[1]
(feet)
The purpose of the Non-Residential Conditional District (NR-CD) is to
provide for unified non-residential developments, which may include Tract Rear Setback, min. No requirement[1]
residential components, that accomplish the purposes of applicable (feet)
regulations to an equivalent or higher degree than where such
regulations are intended to control development on individual lots, and Height, max. (feet) No requirement[1]
to promote economical and efficient land use, improved level of
amenities, appropriate and harmonious variety, creative design, and a
better environment. The NR-CD District is intended to be used for
purpose of binding development to a detailed site plan with a list of Tract Floor Area Ratio, max No requirement[1]
specific conditions that ensure compatibility and harmony with
surrounding areas.
APPLICABILITY
Required Open Space Ratio, No requirement[1]
The district shall be located in such a manner as to be compatible with
the character of existing development of surrounding properties,thus Required Livability Space No requirement[1]
ensuring the continued conservation of building values and Ratio, min.
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis Required Recreation Space No requirement[1]
shall be given to the location of the proposed development,the Ratio, min.
relationship of the site and site development plan to adjoining property,
and the development itself. Required Pedestrian/ No requirement[1]
Landscape Ratio, min.
DIMENSIONAL STANDARDS NOTES:
[1] The NR-CD district is intended to allow for flexibility in dimensional
standards. The overall development will be evaluated to ensure
compatibility with surrounding properties and with the policies and
objectives of this Ordinance. Specific site development standards can
be approved with the rezoning.
DEVELOPMENTNR-CD DISTRICT SPECIFIC -D
1. Potential uses shall be restricted to those listed as permitted for the NR-CD District in Section 5.2.
2. Specific 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.
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 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 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.
7. Within 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 3-71
Article 4: Overlay Zoning Distri9to
Section 4.2:Watershed Protection
TABLE 4.2.10: ORANGE COUNTY
STORMWATER
EROSION (15A NCAC 0213 .0265 Jordan Rules; NUTRIENTS
WATERSHED CONTROL
Recreational
Back Creek 20,000 21,780 43,560 *"NA **NA
E Haw Creek 20,000 21,780 43,560 **NA **NA
Q **NA **NA
Cane Creek *10,000 21,780 43,560
3
Cane Creek Critical Area *10,000 21,780 43,560 **NA **NA
co
w = Haw River(protected) 20,000 21,780 43,560 **NA **NA
U-
LU Haw River(unprotected) 20,000 21,780 43,560 **NA **NA
Q
v E Jordan Lake (unprotected) 20,000 21,780 43,560 **NA *"NA
** **
n Jordan Lake (protected) 20,000 21,780 43,560 NA NA
0
_ **NA **NA
3: University Lake *10,000 21,780 43,560
z **NA **NA
Z) University Lake Critical Area *10,000 21,780 43,560
Flat River 20,000 12,000 21,780 2.2 0.33
Little River 20,000 12,000 21,780 2.2 0.33
m
� J Upper Eno 10,000 12,000 21,780 2.2 0.33
z M Upper Eno Critical Area *10,000 12,000 21,780 2.2 0.33
Lower Eno(unprotected) 20,000 12,000 21,780 2.2 0.33
Lower Eno(protected) 20,000 12,000 21,780 2.2 0.33
Y Hyco Creek 20,000 NA NA NA NA
O
z
a
0 South Hyco Creek 20,000 43,560 43,560 NA NA
"*Jordan Lake nutrient export regulations are not currently enforced, in compliance with State mandate.
Orange County will resume enforcement of nutrient export regulations if/when the State mandate is revised.
NOTES:
[1]Thresholds are listed in square feet(SF).
[2] Not part of larger development.
[3] Nutrients listed in pounds/acre/year.
[4]43,560 square feet= 1 acre.
[5]21,780 square feet=%acre.
[6] 10,890 square feet='/4 acre.
[7]A site plan may also be constrained by stream buffer requirements and impervious surface
limitations, in addition to typical zoning setback requirements.
Orange County, North Carolina-Unified Development Ordinance Page 4-14
Article 5: Us"
Section 5.8: Standards for Care&Educational Facilities
5.8.3 Schools: Universities, Colleges, and Institutes
(A) Pursuant to NC General Statute 160D-913, if a project is managed or authorized by The
University of North Carolina, it is not subject to the regulations of this Ordinance.
W(B) Submittal Requirements and Standards of Evaluation for CC-3, GC-4, O/RM, ED13-2,
EDE-2, EDH-4, EDH-5, and Conditional Districts
(1) Submittal Requirements
In addition to the information required by either Section(s) 2.5 and/or 2.9, 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.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s)of the site and the buildings therein,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of students and staff expected to use the facility.
(iv) Proposed hours and days of operation.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations and sections showing proposed use.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape
materials.
(e) Statement from the appropriate agencies concerning the method and
adequacy of water supply and wastewater treatment.
(f) Statement from the appropriate agencies concerning the provision of fire,
police and rescue protection to the site and structures.
(g) A detailed description of the organization, its staff, membership,
affiliations and activities.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in applicable
Subsections 2.5, 2.9, and 5.8.3(A)(1).
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c) The site has frontage and access on to a paved State maintained road.
The developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
(d) Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
(e) All access roads and employee/visitor parking areas shall be paved.
Orange County, North Carolina—Unified Development Ordinance Page 5-54
Article 5: Uspa
Section 5.8: Standards for Care&Educational Facilities
(f) Development of the site as proposed would have no adverse impact
beyond the building, except for appropriate parking facilities.
(g) The floor area of a building or group of buildings housing a Non- Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance.
(h) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
5.8.4 Schools: Preparatory
Notwithstanding the provisions of Section 5.8.4, Schools which existed prior to 2026,
shall be permitted to improve the property as a legal, non-conforming use unless 50% or
more of the property (or properties) of use is further developed above current conditions,
as measured as the aggregate sum of permitted disturbed area.
(A) Submittal Requirements and Standards of Evaluation for Conditional Districts
(1) Submittal Requirements
In addition to the information required by either Section(s) 2.5 and/or 2.9, the
following information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with this Ordinance
and with the following additional information shown on the plan:
(i) Total student capacity of school as designed;
(ii) Total number of employees at time of greatest shift;
(iii) Number and dimensions of designated parking spaces for school
buses;
(iv) Number of designated parking spaces for employees;
(v) Number of visitor parking spaces;
(vi) Number of student parking spaces;
(vii) Location of student drop off points with stacking spaces
identified;
(viii) Location of all proposed and future athletic fields and structures,
including:
a. Total number of seats for spectators, and
b. Location of concession stands, if any anticipated;
(ix) Proposed public roadway improvements; and
(x) Existing and proposed infrastructure improvements (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepared in
accordance with Section 6.8 of this Ordinance.
(c) 26 copies of photometric plans prepared in accordance with Section 6.11
of this Ordinance.
(d) Estimated water usage for structures, landscaping and athletic fields.
(e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance.
(f) A Biological Inventory, prepared in accordance with Section
5.22.1(A)(2)(b)of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 5-55
Article 5: Usfq
Section 5.10: Standards for Telecommunication Facilities
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight(8)foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Land Disturbing Permit(s) to re-stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
5.10.1 Intent
(A) This section establishes general standards for the siting of wireless telecommunications
facilities that will provide for the public health, safety, and welfare. The terms"wireless
support structure" and "tower" are synonymous. The provisions of this section are
specifically intended to:
(1) Protect residential areas and uses from potential adverse impacts of wireless
communications facilities, and generally encourage these facilities in areas
where adverse impacts on the community are minimal;
(2) Encourage the placement of wireless telecommunications facilities in non-
residential areas;
Orange County, North Carolina—Unified Development Ordinance Page 5-67
Article 5: Usm
Section 5.10: Standards for Telecommunication Facilities
(3) Minimize the number of new major telecommunications towers (wireless support
structures);
(4) Create conditions where wireless telecommunications service providers are able
to provide wireless telecommunications services effectively and efficiently in
accordance with State and Federal law;
(5) Minimize the number of new telecommunications towers throughout the County
by encouraging the joint use or collocation of new and existing wireless
telecommunications facilities; and
(6) Establish collocation and concealed towers as the preferred options for the
accommodation of wireless telecommunications equipment.
(B) Policy of Orange County
It is the policy of Orange County that new wireless telecommunications facilities and/or
substantial modifications to existing telecommunications facilities be located in the
following prioritized order:
(1) Collocations on any existing wireless support structure provided that the height of
the structure is not increased.
(2) New wireless support structures located on state or local government real
properties owned or leased by Orange County, municipalities, EMS, Public
Safety, public utility authorities as defined in N.C. General Statutes Chapter
162A, (e.g., OWASA and Orange Alamance Water), and Institutions of higher
public education and research (e.g. UNC, Duke, Duke Forest Durham Technical
Community College);
(3) Properties in areas zoned for commercial, economic development, or industrial
use.
(4) Properties in areas zoned Agricultural Residential (AR), Rural Residential (R-1),
or Rural Buffer(RB); and
(5) Properties in areas zoned for denser residential use.
(C) Exemptions
The standards in this section shall apply to all wireless telecommunications facilities
except for the following, which are exempted from these standards but remain subject to
all other applicable standards in this Ordinance:
(1) Removal of antennas, wireless support structures, or wireless
telecommunications equipment on an existing telecommunications tower, utility
pole, vertical projection, or equipment compound, where the device or structure
is not replaced;
(2) The operation of a small wireless facility solely within or inside an open structure,
(e.g. an athletic stadium);
(3) Per 47 CFR 1.4000 and FCC Order 98-273 non-commercial uses of dish
antennas, satellite earth stations, noncommercial receive-only TV or radio
antennas Dish antenna/satellite earth stations may be no more than one (1)
meter(39.37 inches) in diameter and not greater than 35 feet above ground
level.
(4) County or other government-owned wireless communications; and
(5) Upon the declaration of a state of emergency by U.S. or N.C. State
government(s), temporary, commercial wireless communications facilities may
receive temporary use permits under section 5.10.1-49.
(D) Wireless telecommunications facilities subject to this section
Orange County, North Carolina—Unified Development Ordinance Page 5-68
Article 5: UsTf
Section 5.10: Standards for Telecommunication Facilities
the County for its services in reviewing the application, including the construction and
modification of the site, once permitted. The fees for these services shall be reimbursed
by the applicant up to the statutory limits.
5.10.3 Submittal Requirements for all New Wireless Telecommunication Facilities and Substantial
Modifications Requiring a Special Use Permit
An application meeting the requirements of Sections 2.7, 5.10.2, and this section is required. The
application will be processed as any other application for a Special Use Permit (SUP) provided
that the standards of this section are met.
(A) Procedure for Approval
(1) Applications shall be approved according to the following schedule. If a decision
is not reached within the allotted period, the application shall be automatically
approved.
TIME To DEEM APPLICATION TIME DECISION AFTER TOTAL TIME To DECIDE
FACILITY REQUESTED COMPLETE(DAYS) APPLICATION IS COMPLETE (DAYS)
New Wireless Support Structure
requiring a Special Use Permit,
Site Plan Approval,or a 30 (10 for re-submittals) 60 90
Substantial Modification
Collocation 30 (10 for re-submittals) 45 75
Small/Micro Wireless Facility 30 (10 for re-submittals) 45 75
5.10.4 Standards and Procedures for Administrative Approvals of Wireless Support Structures,
Substantial Modifications, Collocations and Eligible Facility Requests
(A) Applicability
The following telecommunication facilities may be approved administratively by the
County provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures;
(2) Any monopole wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 215 feet in height located on property
that is owned or leased by
(a) Orange County;
(b) A voluntary fire organization;
(c) An Emergency Service organization; and/or
(d) Any other public entity;
(4) A wireless support structure less than 215 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County, at the County's request;
(5) Small and Micro-Wireless Facilities as defined and regulated by Section 5.10.85;
(6) Applications for"Eligible Facilities Requests" or collocation on Wireless Support
Structures or other structures meeting the following requirements:
(a) The proposed additional facility will not increase the overall height of the
tower by
(i) More than ten percent or;
Orange County, North Carolina—Unified Development Ordinance Page 5-72
Article 5: U922
Section 5.10: Standards for Telecommunication Facilities
(ii) The height of one additional antenna array with separation from
the nearest antenna not to exceed 20 feet;
(b) The proposed additional facility will not increase the width of
(i) Any appurtenance attached to the tower(wireless support
structure) by more than 20 feet or;
(ii) More than the width of the tower(wireless support structure by
more than the width of the tower at the level of the
appurtenance;
(c) Existing equipment compounds shall not be increased by more than
2,500 square feet.
(d) Twenty-foot tall Wireless Support Structures are permitted on buildings
as defined and regulated by Section 5.10.564�);
(e) 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;
(f) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements;
(g) All applicants for the collocation of antennas on existing structures shall
be required to submit the following;
(i) The age of the existing wireless support structure;
(ii) The date of the original permit approval or authorization for the
existing wireless support structure;
(iii) For a wireless support structure that was built five or more years
before the date of an application, or for a guyed structure built
three years before an application date, a copy of the latest TIA
222 Report done pursuant to the latest adopted Appendix to
ANSI-EIA/TIA 222 for any self-supporting tower. If a TIA 222
report has not been done pursuant to the preceding schedule, a
TIA 222 report shall be done and submitted as part of the
application. No Building Permit shall be issued for any wireless
support structure where the structure being attached to is in
need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work
needed has been completed and/or a schedule for the
remediation work has been approved; and.
(iv) A Structural Report signed and sealed by a Professional
Engineer showing the structural adequacy of the wireless
support structure to accommodate the additional facility and any
associated equipment.
(7) Notwithstanding the other provisions of Section 5.10, wireless communications
facilities in existence as of December 10, 2002, may be replaced with a new
wireless communications facility of equal or less visual impact, provided they
comply with the minimum standards of Section 5.10.
(B) Stealth
(1) General Standards
(a) To minimize adverse visual impacts stealth towers (wireless support
structures) and antennas are preferred. In the alternative, antennas and
wireless support structures may be screened.
Orange County, North Carolina—Unified Development Ordinance Page 5-73
Article 5: Ussn
Section 5.10: Standards for Telecommunication Facilities
(b) Written narrative justifying that the wireless communications facility
meets the definition of a stealth facility. Each application shall contain a
rendering or photograph of the antenna (and Wireless Support Structure,
if any) including, but not limited to, colors and screening devices.
(c) Antennas, including their wireless support structure, shall not exceed 20
feet above the roofline of a building or support structure, water tank, or
transmission line.
(d) Any related equipment building shall not exceed 600 square feet of gross
floor area per WCF user or exceed 12 feet in height.
(e) A signed and sealed statement by a Professional Engineer that an
antenna/wireless support structure will not compromise the structural
integrity of a building, water tank, or transmission line.
(f) If an equipment building is located on the roof of a building, the area of
the equipment building shall not occupy more than 25% of the roof area.
(2) Setbacks
(a) The setback of the primary land use shall apply to freestanding stealth
wireless support structures when they are installed on existing
structures.
(b) For new free standing stealth wireless support structure, the setback
shall be the distance required for the use being mimicked. For example,
a concealed WTF disguised as a steeple shall be set back the distance
required for churches.
(C) Collocations on Wireless Support Structure or Building
If a non-stealth antenna is proposed, the applicant shall be required to demonstrate, in a
technical manner acceptable to the Planning Director, why the stealth antenna (as
defined by this UDO) cannot be used for the particular application.
(1) Wireless support structures shall not exceed 20 feet above the roofline of the
subject building or support structure, water tank, or transmission line. The height
of the Wireless Support Structure shall be measured from the base of the
structure to its highest point.
(2) Non-stealth antennas shall only be permitted on buildings or structures that are
at least 33 feet tall unless Orange County determines that public safety needs to
warrant an antenna on a shorter building.
(3) Antennas, wireless support structures , and related equipment buildings, shall be
located or screened to minimize the visual impact of the antenna upon adjacent
properties and shall be of a material or color which matches the exterior of the
building or structure upon which it is situated.
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per service provider or be more than 12 feet in height.
(5) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building.
(6) Current or former Electronic Industries Alliance standards shall apply to the
addition of antennas or other appurtenances to communications towers under the
following conditions:
(a) Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for in the
original design, shall comply with the current Electronic Industries
Alliance standards, and the wind loading specified therein. Additions to
Orange County, North Carolina—Unified Development Ordinance Page 5-74
Article 5: UIT4
Section 5.10: Standards for Telecommunication Facilities
towers constructed subsequent to the effective date of this Ordinance
shall comply with standards set forth elsewhere in this Section.
(b) Existing towers that will not have any additional attached appurtenances
shall at a minimum comply with the Electronic Industries Alliance
standards in existence at the time the tower was erected.
(c) Replacement of antennas or other appurtenances shall at a minimum
comply with the Electronic Industries Alliance standard in existence at
the time the tower was erected if the replacement does not add to the
original design loading.
(d) If a structural analysis shows a tower is not in compliance with the
appropriate EIA standards, the owner shall submit an application to the
Inspections Division with a plan to bring the tower into compliance within
six (6) months.
(D) Monopoles
(1) At a minimum, monopole wireless support structures shall be structurally
designed to accommodate as many antenna arrays as the tower is designed to
carry.
(E) Visual Impact Survey Required for New Wireless Support Structures Requiring a
Special Use Permit
In addition to the requirements of Section 5.10.34, the following information shall be
submitted with the application.
(1) A Visual Impact Assessment, which shall include:
(a) A"Zone of Visibility Map" shall be provided in order to determine
locations from which the tower(wireless support structure) may be seen;
(b) Panorama photo simulations of the proposed wireless support structure,
superimposed on the existing landscape, to scale, showing "before and
after"views from public rights of way and/or publicly accessed properties
and waters; and
(c) A narrative assessment of the visual impact of the communications
facility from adjacent properties and streets to determine the need of
screening.
(F) Procedure
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.43 of this Ordinance.
(1) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(2) If the Planning Director denies the application, the reasons for such a decision
shall be stated in writing to the applicant.
5.10.5 Standards and Procedures for Small and Micro-Wireless Facilities
(A) An applicant may file a single consolidated application for up to 25 separate small or
micro-wireless facilities at one time, but the County may choose to issue separate
decisions on one or more of the facilities included within a consolidated application.
(B) Timeframe for review
Applications for the establishment of a small/micro wireless facility shall be processed
and decided within 45 days from the date the application is determined to be complete.
Orange County, North Carolina—Unified Development Ordinance Page 5-75
Article 6: Development Standa"
Section 6.14: Stormwater Management
(b) Impervious surface calculations for an individual development shall be
cumulative for original construction and any subsequent additions. One-
half of the width of any of any existing or proposed road adjacent to an
individual lot shall be included as impervious surface for that lot, except
in the case where an existing road was contained within a dedicated
public right-of-way at the time that the watershed regulations were first
applied to the watershed within which the development is located.
(4) Infiltration Systems
(a) The benefits of Infiltration Systems include, but are not limited to:
(i) Removal of both suspended and dissolved pollutants,
(ii) Relatively low maintenance requirements,
(iii) Flood reduction,
(iv) Promotion of groundwater recharge, and
(v) Maintenance of stream flow during dry periods.
(b) Where on-site Infiltration Systems are utilized, areas for such purposes
shall be designated on the plat and shall remain undisturbed both during
and after construction.
(c) Undisturbed areas designated for infiltration of stormwater runoff shall
also be located downslope from impervious surfaces and shall not
include areas characterized by floodplains, highly erodible or impervious
soils, steep slopes or previously disturbed areas.
(d) Areas designated as suitable for septic tank nitrification fields may not be
used for stormwater runoff infiltration purposes.
(B) Stormwater Control Measures (SCMs)
(1) In cases where non-structural methods may not adequately control the
stormwater runoff generated by the first inch of rain from all project surfaces due
to the amount of impervious surface proposed to be developed, or in cases
where Non-Structural Methods are not effective or appropriate due to factors
such as the presence of highly erodible soils, impervious soils, steep slopes,
and/or lack of vegetative cover, permanent Stormwater Control Measures
(SCMs), which capture stormwater runoff for slow release through a controlled
outlet, are required.
(2) Where required, SCMs shall be constructed in accordance with this Section.
(C) Impervious Surface and SCM Requirements
(1) For all protected watersheds, an absolute limit on the percentage of lot area
which can be covered with impervious surfaces has been established. See
Section(s)4.2.5 and 4.2.6 of this Ordinance.
(2) In some cases, SCMs are required when the proposed impervious surface ratio
exceeds a specified percentage, which is below the absolute limit.
6.14.5 Applicability
(A) The stormwater management standards and regulations included herein are applicable to
all new development within the Orange County planning jurisdiction, including private,
public, state, and federal development not covered by a separate NPDES permit, as
follows:
(1) Falls Lake Watershed
(a) Any Land-Disturbing Activity that cumulatively disturbs greater than one-
half acre of land in order to establish, expand or modify a single family or
Orange County, North Carolina—Unified Development Ordinance Page 6-98
Article 6: Development Standa"
Section 6.14: Stormwater Management
duplex residential development or a recreational facility which is not part
of a larger common plan of development.5
(b) Any Land-Disturbing Activity that cumulatively disturbs greater than
12,000 square feet of land in order to establish, expand, or modify a
multifamily residential development or a commercial, industrial or
institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
development or sale and the larger common plan exceeds the above
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(2) Jordan Lake Watershed
(a) Any Land-Disturbing Activity that cumulatively disturbs greater than one
acre of land in order to establish, expand or modify a single family or
duplex residential development or a recreational facility.
(b) Any Land-Disturbing Activity that cumulatively disturbs greater than one-
half an acre of land in order to establish, expand, or modify a multifamily
residential development or a commercial, industrial or institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
development or sale and the larger common plan exceeds the above
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(B) New development shall not include agriculture, mining, or forestry activities, as defined by
North Carolina General Statutes.
(C) Redevelopment Exemption
When a preexisting development is redeveloped, either in whole or in part, increased
stormwater controls shall only be required for the amount of impervious surface being
created that exceeds the amount of impervious surface that existed before the
redevelopment, irrespective of whether the impervious surface that existed before the
redevelopment is to be demolished or relocated during the development activity.
6.14.6 Review Criteria
(A) New Development
(1) Riparian areas must be protected and maintained in compliance with this
Ordinance,
(2) Nutrient load contribution must meet the standards listed in Section 6.14.7 of this
Ordinance as required by the North Carolina Department of Environmental
Quality (NCDEQ),
(3) Stormwater systems shall be designed to control and treat, at a minimum, the
stormwater runoff generated by one inch of rainfall from all project area surfaces.
The treatment volume shall be drawn down pursuant to standards specific to
each practice as determined by the most current version of the North Carolina
Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062,
and the most current version of the NCDEQ Stormwater Design Manual.
(4) New development that would exceed the nutrient loading rates set out herein,
shall include engineered stormwater controls designed to have a Primary and/or
Secondary SCM per NCDEQ requirements.
S Reflecting changes from NCSL 2025-94
Orange County, North Carolina—Unified Development Ordinance Page 6-99
Article 6: Development Standap�
Section 6.15: Erosion and Sedimentation Control
(1) Except as otherwise provided in Section 6.15.6(C) of this Ordinance, an Erosion
and Sedimentation Control Plan shall be filed with and approved by the Erosion
Control Division at least 30 days prior to the commencement of any Land-
Disturbing Activity within the University Lake, Cane Creek, and Upper Eno
Watersheds.
(2) The Erosion and Sedimentation Control Plan shall specify the method of disposal
of trees, limbs, stumps and construction debris associated with the activity; which
Erosionshall be by some method other than open burning.
(C) SAdnngPntat0nn Corntrol Plan Waiver
0) Thep n/s\ tend Uc+inn the I and Disturbing Activity need net submit a
Eresien and Serlimen+a+inn Centre.' Plan if oUnh person ebtaino on Crnoinn and
Sedomenta+inn Centre.' Plan �. nr from the Gresien f nn+rnl Di„ioien
(2) AR appliGa+ien fAr this Pe-shall has submitted to the Crnoinn Control nffinnr
and shall nnn+ain the fello�.�ino•
(a) e nam�address, a„a-;hen�e Ru,;her�f the deyelpper and GWer,(b) A deSGrip+inn and drawing of the YY YYppsed development or Land
Dist irbinn Actndty, � n
(G) The Irmo+inn of the development and
(d) Any infnrma+inn requested by the Orange Cn�ant y Erosion Control
..J " �q-a� vim'-'� �u^9��vurrc� '�-vvncrvr
Officer that is reasonably necessary to evaluate the proposed
development.
(3)The_Erd n Centre! OffiEer shall Ossue the s+Or;-ar;�d S rn +a+inn Centre!
tra m
Plan w r if he/she finds the following:
(aa) The_Land DT 's r+, GtiVitwill�nootresult in�� the u nGGyerinn of mere than
10,000 square feet; and
(b) The I-and-DTsti-i-hing AGtiVitydis of to he nnnd Anted on GGRTeett1Avrnrwith
any of the following +vases of developments•
Shopping Genters
Industrial anr! �mmer`+'al fa�"'tie ,
Dui-arrcr rrn-rr �'arra rrc
Major subdivisions,
l Reads-,-of
!v\ Any activity involving the temporary or permanentstorage
(above or below ground) y of an noxious, toxinhazardous er
substance, including fuel storage fanilities
(c) The proposedLand-Disturbing Activity-`will not
Significantly-increase or-decrease zthe_rate or volume of surf
water runoff,
Siggnificantlycontrih to to the degradation of water runoff,
�Have asfgn;neant�erseO,paEt G; a Wetland, waterGGUFse, er
waters pp!" reserioir
QGGUr i.qF per-area C-itGI-IMSGrlhm'ng a Water supply
reserioir nr
��crcvr�vr
Minvolye open burning of t1ees limbs stumps and construct
debris associated with the permitted actkiity.
Orange County, North Carolina—Unified Development Ordinance Page 6-113
28
ARTICLE 10: DEFINITIONS
SECTION 10.1: DEFINITIONS
For the purpose of this Ordinance, certain terms and words are herein defined and interpreted. The
order of priority for defining and interpreting terms and words shall be: 1) as defined here in this Article, 2)
as defined within the text of this Ordinance, 3) as defined in NCGS Chapter 160D, and 4) as defined by a
dictionary or common usage. Those terms and words defined in this Article are as follows:
AASHTO
American Association of State Highway and Transportation Officials.
Accessory Dwelling Unit (ADU)
The accessory dwelling unit is situated on the same lot as the principal residence and may be attached to
the principal residence or be a separate building with a separate access. An accessory dwelling unit
must fulfill the qualifying characteristics of a dwelling unit, as defined in this ordinance.
Accessory Structure
A structure that is located on the same lot as a principal structure and houses an accessory use.
Accessory Use
An activity that may or may not be listed in the Permitted Use Table, which is conducted in conjunction
with a permitted principal use, but constitutes only an incidental or insubstantial part of the total activity
that takes place on the lot and is customary and ancillary to the established principal use of property.
Accessory uses shall comply with all setback requirements for the district in which the use is located. €er
example, aR 'R greund swimming peel is required te meet all app"Gable setbaGks iRG1UdiRg aRy required
fenGiRg areund the phySiGal peel, the GGRGrete walkway areund the peel, and aRy pump er utilities
aSSGGiated With the a ratien of the foGW
Addition
In the context of an existing building or structure, the term means an extension or increase in the floor
area or height.
Adult Arcade
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished or characterized by the depicting or describing
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Bookstore
A bookstore:
(a) Which receives a majority of its gross income during any calendar month from the sale or
rental of publications (including books, magazines, other periodicals, videotapes, compact
discs, other photographic, electronic, magnetic, digital, or other imaging medium)which are
distinguished or characterized by their emphasis on matter depicting, describing, or relating
to Specified Sexual Activities or Specified Anatomical Areas, as defined in this article; or
(b) Having as a preponderance (either in terms of the weight and importance of the material or in
terms of greater volume of materials) of its publications (including books, magazines, other
periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or
other imaging medium)which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas.
Adult Cabaret
A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment that for
at least ten percent of its business hours in any day features: