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

Browse Search

Annotated Outline CONFORMANCE WITH ADOPTED PLANS This section sets out the requirements for development to be in compliance with the town's long range plan ning documents. The section will provide a listing of the relevant plans and explain how compliance with the plan requirements will be evaluated. I t will also state oth er plans might be adopted i n the future that are relevant to the UDO. RELATIONSHIP WITH OTHER LAWS, COVENANTS, OR DEED RESTRICTIONS This is a new section that provides that, in case of conflict between the UDO and other legislative enactments of the state or town,the strider provision shall apply. The section clarifies that the town will not be responsible for monitoring or enforcing private easements, covenants, and restrictions, though it may inquire into private easements and restrictions in reviewing development plans for the purpose of ensuring consistency with town requirements. OFFICIAL ZONING MAP This section incorporates by reference the Town of Hillsborough Official Zoning Map as well as any related maps. The section also provides for amendment of the Map upon the approval of a rezoning application. The section will include a standard provision establishing the rules governing how the town assigns the zoning district classification of newly-annexed lands under the UDO. The section will also incorporate provisions that relate to boundary interpretation. The section will clarify the Planning Director's authority to interpret the map and determine where the boundaries of the different zoning districts fall (if in dispute). The section also provides that appeals from the Planning Director's interpretations of district boundaries may be made to the Board of Adjustment(BOA). In addition, language related to the application of development standards will be relocated to the appropriate sections in Article 5, Development Standards. There will be no creation of new zoning districts as part of this UDO-drafting process. Existing zoning districts will be carried over into the new UDO. TRANSITIONAL PROVISIONS FA This section establishes that: • Violations of the current regulations continue to be violations under the new UDO (unless they are no longer considered violations) and are subject to the penalties and enforcement provisions set forth in new Chapter 8, Enforcement • Completed applications that are already in the development approval pipeline at the time of the adoption of the 4P new UDO may be processed.under the provisions of the pr ior zoning ordinance. In the event that an applicant seeks to proceed under the standards in the new UDO (instead of the regulations in place at the time the application was originally submitted),the application would need to be withdrawn and resubmitted. • Conditional 'use permits, variances, conditional use rezonings, planned developments, plats for subdivision, statutorily-vested development, vested rights determinations (as part of asite-specific development plan), and building permits are governed by the terms and conditions of their approvals, and the rules in existence at the time of their approval. If, however, they fail to comply with the terms and conditions of their approval, or fail to meet established time frames, their approval expires, and development of the site subject to the permits must comply with the requirements of the new UDO. • Applications submitted after the effective date of the new UDO are subject to the procedures and standards of the new UDO. VESTED RIGHTS This section will confirm the definition of Vested Rights,and include a reference to NC General Statute 160A-385.1. SEVERABILITY This standard provision declares that if any part of the UDO is ruled invalid, the remainder of the UDO is not affected and continues to apply. Hillsborough,North Carolina Page 2 Unified Development Ordinance I Draft An notated Oudine November,2009