OCPB agenda 090716 - Laserfiche WebLink

Browse Search

Article 5: Uses Section 5.6: Standards for Commercial Uses Orange County, North Carolina – Unified Development Ordinance Page 5-65 to, or concurrent with, the retail trade use(s). (b) The square footage of structures(s), or portion of structures, to be utilized for retail trade use(s) does not exceed 25% of the total square footage of all structures included on the overall site plan. (c) The square footage of structures(s), or portion of structures, to be utilized for uses that are subject to square footage restrictions in the pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does not exceed 50% of the total square footage of all structures included on the overall site plan. (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. (c) Retail Trade uses shall not exceed 25% of the total square footage of all structures on the site.34 (2) Uses that are classified as Subsector 454 of the North American Industry Classification System [NAICS]) are prohibited in the EDH-4 and EDH-5 zoning districts. 5.6.17 Accommodation and Food Service (Sector 72 of the North American Industry Classification System [NAICS]) (A) Standards for EDH-2 and EDH-4 Zoning Districts 35 (1) Eating and drinking establishments Food Services and Drinking Places 36 (subsector 722 of the NAICS) are not permitted within these zoning districts except as an accessory use to a hotel or motel. (B) Standards for EDH-5 Zoning District 37 (1) Accommodation and Food Service uses are permitted in the EDH-5 zoning districts only in accordance with the following standards: (a) The accommodation and food service use(s) is part of an overall site plan that includes at least one other permitted Principal Use. (i) The other permitted Principal Use(s) must be established prior to, or concurrent with, the accommodation and food service use(s). (b) The square footage of the structure(s), or portion of structures, to be utilized for accommodation and food service use(s) does not exceed 34 Attorney’s office staff has suggested the replacement language in (a), (b), and (c). It accomplishes the same intent as the previously proposed language. 35 This restriction currently exists within the Table of Permitted Uses (Section 5.2.2). Staff has determined that the use-specific standards section is a more appropriate place for the standard. Subsequent to the Planning Board’s August 3rd recommendation, the Attorney’s office suggested deletion of this language regarding accessory uses because, by definition, accessory uses are allowed in all zoning classifications, provided the permitted Principal Use can demonstrate that a proposed accessory use meets the definition of accessory use in Article 10. This revised standard would continue to prohibit stand-alone food service and drinking places but would allow such uses as accessory uses to principal uses for which a food service and drinking place is a customary and ancillary use. 36 Language updated to use exact term in the NAICS listing. 37 These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough EDD while ensuring the scope of the overall project is not predominantly hotels and restaurants. Projects that contain a greater percentage of accommodation and food service uses could still be permitted through the MPD- CZ or CUD process. 53