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Agenda - 01-21-2016 - 5-a - Unified Development Ordinance Text Amendment – Recreational Land Uses - Closure of Public Hearing and Action (No Additional Comments Accepted)
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Agenda - 01-21-2016 - 5-a - Unified Development Ordinance Text Amendment – Recreational Land Uses - Closure of Public Hearing and Action (No Additional Comments Accepted)
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1/15/2016 8:32:05 AM
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BOCC
Date
1/21/2016
Meeting Type
Regular Meeting
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Agenda
Agenda Item
5a
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Minutes 01-21-2016
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\Board of County Commissioners\Minutes - Approved\2010's\2016
ORD-2016-001 Ordinance amending the UDO revising existing regulations governing the development of recreational land uses
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2016
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16 <br /> 1. Discharge of firearms, from a land use standpoint. <br /> 2. A longstanding issue of concerns and complaints, regarding the operation of what could best <br /> be construed as motor cross facilities. <br /> Michael Harvey said a new definition of recreational facilities is being proposed. He <br /> referred to page 91. He said distinguishing between personal and commercial uses is the <br /> purpose of the amendment. <br /> Michael Harvey referred to page 80-81 and said linguistic changes will refer to facilities <br /> simply as recreation facilities. He said the words non-profit and profit are being removed. <br /> Michael Harvey said it is still being recommended that these facilities be processed in <br /> the residential areas through a Class B Special Use Permit (SUP) process, being reviewed and <br /> acted upon by the Board of Adjustment. He said it is also recommended that there still be <br /> permitted uses in several commercial districts, where they are currently listed. Michael Harvey <br /> said in Economic Development Districts, it is recommended that recreational facilities be <br /> considered permitted uses in the high intensity districts. He said the rational for this is that <br /> recreational amenities are already allowed in many of these districts, and it is not believed that <br /> further specification is needed. <br /> Michael Harvey referred to page 85 and said language is being added to formalize a <br /> County Planning Department interpretation that has existed since before his tenure. He said <br /> this states that recreational land uses developed on residentially zoned property (i.e. pool, pool <br /> deck, tennis court, basketball court, etc.) are accessory uses, thus needing to meet all the <br /> applicable set back standards. He said the typical residential set back is a 40-foot front, 20-foot <br /> side, and 20-foot rear. He said language is being added here to formalize this interpretation. <br /> Michael Harvey referred to page 86 that established standards for recreational uses as <br /> accessory uses. <br /> Recreational Uses as Accessory Uses5 <br /> (A) General Standards <br /> (1) Accessory recreational uses shall not be open to the public or be designed to <br /> serve as a recreation amenity for other lots.6 <br /> (2) Amenities, equipment, and/or facilities intended for spectators such as bleachers <br /> or public address systems shall not be permitted.' <br /> (3) Outdoor sports field lighting, as detailed within Section 6.11, shall be prohibited. <br /> 5There have been issues in the past with property owners allowing for the use of recreation <br /> amenities on their property to serve others. To address this issue staff is recommending the <br /> imposition of various standards to ensure this use does not become some form of commercial <br /> operation. <br /> 6 Staff is not trying to say a property owner cannot have friends over who use a pool or <br /> basketball court. What we are attempting to avoid is the de-facto expansion of an accessory use <br /> on a parcel property to serve other lots recreational needs. Please note this will not prohibit <br /> subdivision developers from establishing a recreational amenity for their projects. That is <br /> addressed in Section 7.11 of the UDO. <br /> ' Staff has received concerns from various property owners over the years with respect to a <br /> private landowner's ability to erect amenities, primary athletic field lights, to expand the use of <br />
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