Agenda - 11-21-2011 - C5 - Laserfiche WebLink

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Article 6: Development Standards Section 6.2: Lot & Building Standards 335 (2) The height limits of this Ordinance may be modified upon appeal to the Board of Adjustment in accordance with Section 2.10 of this Ordinance. The Board, when approving an application for modification of the height limitation, may affix to that approval reasonable conditions to protect the public health, safety and general welfare. (B) Flexible Developments (1) Minimum lot area, lot width, and setback requirements as specified in Article 3 of this Ordinance may be reduced for lots created as part of a Flexible Development subdivision as provided in Section 7.13 of this Ordinance. (C) Flag Lots (1) Flag lots as defined in Article 10 are accommodated for as provided in Section 7.7 of this Ordinance. 6.2.3 Cluste (A) UNIV -CA & UNIV — PW Watershed Protection Overlay Districts (1) Clustering of residential lots is permitted in accordance with Section 7.12 of this Ordinance. (2) Each lot shall contain a minimum of one acre. (B) All Other Overlay Districts Clustering of residential lots is permitted in accordance with Section 7.13 of this Ordinance. 6.2.4 Irregular Lots Any irregular lot of record at the time these regulations became effective may be subdivided in compliance with applicable subdivision regulations and improvement requirements, to create additional regular lots, provided that such lots meet all requirements of the district and that no residual substandard lots remain as a result of such action. 6.2.5 Principal Uses There shall be no more than one principal use on any zoning lot except where: (A) Permitted as a CU District or CZ District; or (B) The parcel is located within an Economic Development District, Commercial Transition Activity Node, Commercial - Industrial Transition Activity Node, or Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan; or 78 78 The existing requirement of not permitting more than one principal use on a lot unless a Conditional Use or Conditional Zoning District is approved is one of the major impediments to promoting economic development in Orange County. Prior to the adoption of the UDO in April 2011 which added the MPD -CZ district and removed the requirement for a Class A Special Use Permit (SUP) for MPD -CZ projects only, any large project was required to obtain a Class A SUP. From a project proponent's perspective, the process components and uncertainty this injected into the approval process is onerous. Staff is suggesting that in the designated non - residential growth areas of the County (the land use categories listed), more than one principal use be permitted without requiring a CUD or CZD just because more than one principal use is proposed. (Note that there may be other instances where projects would still require a CUD or CZD, it just would not be for the reason of having more than one principal use). All other applicable standards in the UDO would still apply. It should also be noted that, at the present tune, most lands within these designated non - residential growth areas would require a rezoning application. Additionally, all non- residential projects are required to submit a site plan for staff review and approval in order to receive a Zoning Compliance permit (see Section 2.4). It should also be noted that if "Industrial Activity Node" is not deleted as a land use category from the Comprehensive Plan (see related amendment), the tern needs to be added here. Orange County, North Carolina — Unified Development Ordinance Page 6 -2