Orange County NC Website
Approved 9/6/17 <br /> <br />8 <br /> 371 <br />Lydia Wegman asked if there will be a definition of Race Track. 372 <br /> 373 <br />Michael Harvey said yes and continued the discussion (page 152) on “Recreational” uses. He said that “Theater” is 374 <br />a new addition to the Table and includes indoor and outdoor performances with regulations covering outdoor 375 <br />performances. The County Attorney has not provided any comments on this category. 376 <br /> 377 <br />Mr. Harvey continued his presentation and reviewed Residential land uses (page 153). The County Attorney has 378 <br />requested additional explanation on the differences between “Family Care Home,” “Group Care Home,” and “Health 379 <br />and Personal Care Facility.” Mr. Harvey reviewed with the Board that a “Family Care Home” is only intended to 380 <br />serve a maximum of six clients. A “Group Care Facility,” which has to be licensed by the state as such, handles 7-381 <br />15 clients. A “Health and Personal Care Facility” is a new category created to address concerns that the Table 382 <br />lacked a land use category for a large-scale operation designed to provide assisted living or congregate care for 383 <br />more than 16 clients. Staff will provide this level of detail to the Attorney’s Office with the recommendation that 384 <br />these categories should be broken-out into three separate activities based on occupancy and use. 385 <br /> 386 <br />Lydia Wegman asked if these categories are allowed in difference districts. 387 <br /> 388 <br />Michael Harvey confirmed this and said that the Table currently shows the recommendation for where “Health and 389 <br />Personal Care Facility” should be allowed, pending County Attorney review for legal sufficiency. Mr. Harvey 390 <br />continued with his presentation. “Rehabilitative Care Facility” has not been changed, but “Fraternities, Sororities, 391 <br />and Dormitories” as examples under “Residential Hotel” will be removed and detailed in Definitions, per the 392 <br />convention of previous land use category changes discussed. 393 <br /> 394 <br />Randy Marshall asked how bed and breakfasts had been categorized. 395 <br /> 396 <br />Michael Harvey replied that bed and breakfasts is categorized under Services. He said he would review that 397 <br />category later in the presentation and continued the discussion on Residential uses. The County Attorney’s Office 398 <br />asked Staff to review the term “Orphanage.” Mr. Harvey said that Staff’s goal is to provide additional flexibility, 399 <br />inclusive of housing, for adolescents and children without parents, like foster care facilities. If a family decides to 400 <br />have foster children, the use is considered to be a single family residence, as long as definitions of family comply 401 <br />with the UDO, and thus this does not need to be distinguished in the Table at all, in his opinion. At this juncture, 402 <br />Staff will need to create a new set of criteria for “Orphanage.” 403 <br /> 404 <br />Michael Harvey continued the presentation (page 154). The County Attorney asked Staff if “Country Store” could be 405 <br />eliminated and combined into “Retail.” Initially, Staff thought it best to keep the category since it is defined by a 406 <br />specific construct as to what “County Store” is supposed to be under the UDO. Staff is reviewing the Attorney’s 407 <br />recommendation and will keep the Board informed of any changes. As the Board has reviewed, the “Retail” 408 <br />category will now be based on square footage instead of travel trips per day. 409 <br /> 410 <br />Michael Harvey continued the presentation (pages 155 and 156). The land use categories under “Services” have 411 <br />been expanded. Mr. Harvey reminded the Board about discussions on churches and that Staff had replaced that 412 <br />term and with “Religious Facility.” The County Attorney’s Office wants to take this one step further and is studying 413 <br />the viability of eliminating “Clubs or Lodges; Social, Fraternal; or Union Clubhouses,” “Community Centers,” and 414 <br />“Religious Facility” and have these uses consolidated into a land use defined as “Assembly.” In the County 415 <br />Attorney’s opinion, the aforementioned uses could be better described in this way. Mr. Harvey said that while this 416 <br />change sounds good in theory, some of these uses are only allowed in certain districts, specifically, “Clubs or 417 <br />Lodges; Social, Fraternal; or Union Clubhouses,” and “Community Centers” (which may need a Special Use 418 <br />Permit), whereas a “Religious Facility” is allowed in every zoning district. Staff will prepare a memo and matrix for 419 <br />the County Attorney showing how these uses are different, permits needed and other requirements, and if it is 420 <br />possible to see how assembly occupancy uses could be collapsed into one central land use construct. 421 <br /> 422