2010-032 Planning - Professional Services Related to the Orange County Unified Development Ordinance

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Annotated Outline The procedure is based on United States Supre me Court decisions th at state that local governments may establish procedures by which they can assess takings claims before they go to court and offer relief if the regulations are found to amount to'a taking-- that is, the regulations deny all reasonable economic use of a property. The current zoning ordinance does not have a beneficial use determination procedure. Itis recommended this new procedure be included in the UDO and be heard by the Town Board of Commissioners,. ZONING DISTRICTS Ai e 3:Zoning Districts I F 3.1 General Provision's General Commentary: Zoning district and use regulations are a central feature of any zoning ordinance. They define what may be built on a landowner's property or on the 3.2 Residential Districts property next door. We propose no change to the list of designated zoning districts, but do propose to 3.3 Business Districts adjust the presentation of the districts and standards to be'more user-friendly. 3.4 Planned Development Districts Additional modifications to the structure of the districts may occur after further discussions with staff,the advisory committee,elected officials, and the public. 3.5 Overlay Districts USE STANDARDS 3.6` Conditional Zoning Districts General Commentary: While the zoning district regulations will be Article 4• Use Standards located in Article 3, Zoning Districts, the use regulations will be contained in Article 4, Use Standards. This article will reorganize Hillsborough's use regulations into five main sections. The first section 4.1 Use Table will include a summary use table that will specify the permitted, prohibited, and speciaIZI%ri"e ption uses for the residential, business, and 4.2 Use Classifications,Categories,and Types planned development zoning districts,. 43 Use-Specific Standards The second secti on in the chapter will establish a classification system utilized to provide structure and content to the range of permitted 4.4 Accessory Use Standards uses. The third section, a set of use-specific standards, will identify any 4-s5 Temporary Use Standards specific regulations or limitations that always apply to certain principal uses, regardless of the underlying zoning district in which they are located. This material will replace the specific use standards that are located throughout the existing ordinance. If there are exceptions to the general standards established in this section,they will be identified. Special attention will be paid to adding new uses, new use standards,and improving upon what currently exists in the zoning ordinance. Sections four and five will include the provisions relating to accessory uses and structures and temporary uses and structures respectively. USE TABLE The heart of Article 4, Use Standards, is the summary use table. It builds on the current lists of uses defined in each zoning district section and includes a range of new uses not found in the current zoning ordinance. It also includes additional information related to any use-specific standards that may apply, and where those standards may be found. The use table in the new UDO reflects revisions to the lineup of zoning districts (as outlined in Article 3, Zoning Districts) and the system of uses described above. The actual set of uses identified in a use table will be either"permitted"or"special use"(except where uses are"allowed"in Planned Development Districts). Allowed uses are uses that are permitted within in a planned development district, but only when such uses are specifically identified i n the Master Plan. Review and approval of the proposed list of uses occurs as part of review of the Planned Development Master Plan. A blank cell in a use table will signify that the use is prohibited within a Hillsborough,North Carolina Unified Development Ordinance I Draft Annotated Outline Page 11 November,2009