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

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AN. �IOTATE:D OUTLINE General Commentary: Section 3 of this report provides an overview of what the Proposed UDO Structure: proposed structure and general substance of the new Unified Development Ordinance (UDO). As P art of the review and di scussion of this report, th e town can , Article 1 Gen eral Provisions provide more detailed d i recfi o n about the nature and scope of the new code document and specific provisions. When thisproc"ess is completed, the Clarion team will undertake the actual drafting of the new UDO: Article 2 Administration The sidebar outlines the proposed new UDO structure, which is composed of nine • Article 3 Zoning Districts ts new articles. The following pages present a general outline for the new UDO., We view this annotated outline, and the previous issues portion of this report as vehicles • Article.4 Use Regulations for helping to define expectations about what is to be accomplished in the new UDO before we begin the detailed drafting work. In addition to providing a road map for 0 Article 5 Development Standards drafting the new ordinance, this outline provides an organizing framework for continued conversations with the town about key zoning and development regulation issues. This material is presented as a starting point for subsequent discussions. • Article 6 Subdivision Standards GENERAL PROVISIONS Article 7 Nonconformities • Article 8 Enforcement General Commentary: This article contains important general provisions that are relevant to the new UDO as a whole. While most of these provisions are traditional, all will be specifically tailored to Hillsborough. The article plays an important part in • Article 9 Definitions making the UDO user-friendly by including certain overarching principles and establishing a clear basis for the authority by which the UDO is adopted, its administration,and its substantive regulations. TITLE AND AUTHORITY "Tide"is a standard section. I t sets forth the official name by which the Unified Development Ordinance may be cited (e.g., "The Unified Development Ordinance of the Town of Hillsborough"') as well as any acceptable shortened references (e.g., "the Ordinance," or "this Ordinance" or "UDO"). "Authority" contains references to the statutory basis for zoning and subdivision in Hillsborough (G.S. §160A Chapter 19 Parts I and 11). It will state that the UDO consolidates the town's zoning and subdivision regulatory authority under the North Carolina General Statutes. 4 GENERAL PURPOSE AND INTENT Article 1: General Provisions: A general purpose and intent section can inform decision-makers in future years about the intent of the Town Board of Commissioners when.they adopted the 1.61 Title UDO. This section is absent from the existing ordinance. 1.2- Authority 1.3- General Purpose and Intent APPLICABILITY AND JURISDICTION 1.4 Applicability and Jurisdiction This section makes clear who is subject to the regulations of the UDO. In 1.5 Conformance with Adopted Plans particular, it clarifies that the town, town-controlled entities, colleges and 1.w6 Relationship with Other Laws universities, special districts within the town, and all private development are all 1.7 Official Zoning Map subject to the UDO. It will also clarify that lands located within the corporate 1.&8 Transitional Provisions limits as well as the extra-territorial jurisdiction are subject to the requirements of 1.9 Vested Rights the UDO. In addition, the section clarifies that state and county buildings will -1.10 S _ need to comply with the UDO (in accordance with G.S. §160A-392), and that development not subject to G.S. §160A-393 (e.g. activities of the federal government)is strongly encouraged to comply with the standards. Hillsborough,North Carolina Unified Development Ordinance I Draft Annotated Outline Page C-1 November,2009