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Agenda - 11-21-2011 - C5
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Agenda - 11-21-2011 - C5
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BOCC
Date
11/21/2011
Meeting Type
Public Hearing
Document Type
Agenda
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C.5
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Minutes 11-21-2011
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336 Article 6: Development Standards <br />Section 6.2: Lot & Building Standards <br />(C) The parcel is less than 2 acres in size, and non - residential multiple uses are proposed <br />within a single principal structure; or <br />(D) One of the uses is an unstaffed telecommunications tower subject to a year -to -year or <br />other short term lease <br />6.2.6 Principal Structures <br />(A) Residential <br />(1) There shall be no more than one principal structure permitted on any residential <br />zoning lot, with the exception of the following: <br />(a) Multi- family developments which have received approval as a CU District <br />or CZ District, or <br />(b) Temporary use of mobile homes for custodial care approved in <br />accordance with the provisions of Section 5.4.4(b), or 9 <br />(c) During the installation or construction of a permanent unit on the same <br />lot, as provided in Section 5.4.4 of this Ordinance, or <br />(d) Duplexes, on lots that have twice the required lot area of the zoning <br />district. <br />(B) Non - Residential <br />(1) There shall be no more than one principal structure permitted by right on any <br />non - residential zoning lot greater than two acres in size, unless: <br />(a) permitted as a CU District or CZ District. -, or <br />(b) the zoning lot is located within an Economic Development District, <br />Commercial Transition Activity Node, Commercial - Industrial Transition <br />Activity Node, Rural Neighborhood Activity Node, or Rural Community <br />Activity Node, as designated by the Comprehensive Plan.80 <br />6.2.7 Corner Lot Setback on the Side Street <br />Any corner lot of record in a residential zoning district abutting a side street shall meet the <br />minimum required setbacks of the zoning district in which it is located; provided, however, that <br />this requirement does not reduce the width of area suitable for building to less than 25 feet. <br />79 Staff is suggesting this addition so that users will be aware that there are additional standards with which they <br />must comply. <br />80 The existing requirement of not permitting more than one principal structure on a lot unless a Conditional Use or <br />Conditional Zoning District is approved is one of the major impediments to promoting economic development in <br />Orange County. Prior to the adoption of the UDO in April 2011 which added the MPD -CZ district and removed the <br />requirement for a Class A Special Use Permit (SUP) for MPD -CZ projects only, any large project was required to <br />obtain a Class A SUP. From a project proponent's perspective, the process components and uncertainty this injected <br />into the approval process is onerous. Staff is suggesting that in the designated non - residential growth areas of the <br />County (the land use categories listed), more than one principal structure be pennitted without requiring a CUD or <br />CZD just because more than one principal structure is proposed. (Note that there may be other instances where <br />projects would still require a CUD or CZD, it just would not be for the reason of having more than one principal <br />use). All other applicable standards in the UDO would still apply. It should also be noted that, at the present time, <br />most lands within these designated non - residential growth areas would require a rezoning application. Additionally, <br />all non- residential projects are required to submit a site plan for staff review and approval in order to receive a <br />Zoning Compliance permit (see Section 2.4). It should also be noted that if "Industrial Activity Node" is not deleted <br />as a land use category from the Comprehensive Plan (see related amendment), the tern needs to be added here. <br />Orange County, North Carolina — Unified Development Ordinance Page 6 -3 <br />
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