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OCPB agenda 110415
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OCPB agenda 110415
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11/4/2015
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Regular Meeting
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Agenda
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OCPB minutes 110415
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Article 5: Uses <br /> Section 5.7: Standards for Recreational Uses <br /> <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 5-64 <br /> <br />from adjacent residentially zoned property. <br />(4) The site shall be located on a major road, as classified in the Orange County <br />Comprehensive Plan, unless permitted as an ASE-CZ. <br />(5) Parking shall not be located in the front yard space. <br />(6) Application materials shall include a comprehensive groundwater study, for <br />facilities expected to use more groundwater on an annual basis than an average <br />single family residence (which uses 240 gallons of water per day) built at the <br />highest density the existing zoning district would allow. For example, if the <br />existing zoning district allows a residential density of 1 unit for 2 acres and the <br />proposed use is on a six acre parcel (which could yield 3 residences), the <br />proposed use(s) may use three times the water used by an average single family <br />residence (or 720 gallons per day, on an annualized basis) before a <br />comprehensive groundwater study is required. The water usage rates of any <br />existing use subject to zoning regulations located on the same lot shall be taken <br />into account when determining if a comprehensive groundwater study is required. <br />Said study shall detail: <br />(a) The amount of water anticipated to be used on a daily, weekly, monthly, <br />and annual basis by regulated uses located on the parcel (e.g., water <br />usage by bona fide farm uses is not required to be included); <br />(b) An analysis of the amount of groundwater withdrawal considered to be <br />safe and sustainable in the immediate vicinity; and <br />(c) An analysis of whether other wells in the vicinity of the proposed use are <br />expected to be affected by withdrawals made by the proposed use. <br /> <br />SECTION 5.7: STANDARDS FOR RECREATIONAL USES <br />5.7.1 Recreational Uses as Accessory Uses5 <br />(A) Residential Land Uses6 <br /> In addition to the requirements contained within this Ordinance, recreational uses <br />developed as an accessory use to a residence shall abide by the following: <br />(1) General Standards <br />(a) Accessory recreational uses shall not be open to the public or serve as a <br />recreation amenity for other lots.7 <br />(b) Amenities, equipment, and/or facilities intended for spectators such as <br />bleachers or public address systems shall not be permitted.8 <br /> <br />5 There have been issues in the past with property owners allowing for the use of recreation amenities on their <br />property to serve others. To address this issue staff is recommending the imposition of various standards to <br />ensure this use does not become some form of commercial operation. <br />6 Bold Green Underlined text added to address comments from the September 8, 2015 Quarterly Public Hearing. <br />There was concern the regulations, as written, would prevent a church from developing a recreational amenity for <br />their congregation’s use. While staff does not believe this would be the case, we have added language clarifying <br />the section to address the concern. <br />7 Staff is not trying to say a property owner cannot have friends over who use a pool or basketball court. What we <br />are attempting to avoid is the de‐facto expansion of an accessory use on a parcel property to serve other lots <br />recreational needs or be open to the public like a non‐residential land use can be. Please note this will not prohibit <br />subdivision developer’s from establishing a recreational amenity for their projects. That is addressed in Section <br />7.11 of the UDO. <br />8 Staff has received concerns from various property owners over the years with respect to a private land owners <br />ability to erect amenities, primary athletic field lights, to expand the use of their accessory recreation use. Staff is <br /> 33
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