Orange County NC Website
Article 2: Procedures <br /> Section 2.4: Zoning Compliance Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-7 <br /> <br />(D) Amendments initiated by Orange County shall not be subject to time limitations other <br />than those specified by the Board of County Commissioners during the public hearing <br />process. <br />(E) Evidence not presented at the public hearing may be submitted in writing to the Planning <br />Board for consideration prior to the Planning Board’s recommendation to the Board of <br />County Commissioners. The Planning Board may consider additional oral evidence only <br />if it is for the purpose of presenting information also submitted in writing. <br />2.3.11 Action by Board of County Commissioners <br />(A) The Board of County Commissioners shall not consider enactment of the proposed <br />amendment until the Planning Board either makes its recommendation or takes no action <br />on the application as prescribed in this section. <br />(B) In making its decision, the Board of Commissioners shall consider all relevant evidence <br />presented at the public hearing and any submitted written evidence that was considered <br />by the Planning Board in making its recommendation. <br />(C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or <br />portion thereof from the Planning Board, shall consider such recommendations and adopt <br />them by resolution, either unchanged or with modifications. <br />SECTION 2.4: ZONING COMPLIANCE PERMITS <br />2.4.1 Applicability <br />(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any <br />new site development, building, structure, or vehicular use area may be erected, <br />constructed or used. <br />(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a <br />Zoning Compliance Permit except for: <br />(1) Single-family detached dwellings and duplexes, and accessory structures to <br />those residential uses; provided, however, when such uses are located in <br />thedeveloped on property located outside of the Upper Eno Critical, University <br />Lake and Cane Creek Protected and Critical Watershed Protection Overlay <br />Districts. In these instances a Plot Plan, as detailed within Section 2.4.3 of this <br />Ordinance, shall be required., site plan approval shall be required.1 <br />(a) Single-family detached dwellings and duplexes outside of the University <br />Lake Watershed Protection Overlay District and accessory structures to <br />those residential uses shall be required to submit a Plot Plan (see <br />Section 2.4.3 for Plot Plan specifications). <br /> In those instances where the proposed level of land disturbance exceeds <br />established thresholds detailed within Section 6.14.5 of the Ordinance a formal <br />site plan, prepared in accordance with Section 2.5, shall be required for submittal <br />and approval regardless of the proposed land use or Watershed Protection <br />Overlay District designation of the subject property.2 <br /> <br />1 The existing wording of the UDO has created confusion in the past over when a site plan is required. We have <br />streamlined existing language in an attempt to eliminate confusion and specifically spell out when a plot plan versus <br />a site plan is actually required. Staff is also proposing to add language requiring formal site plans in other <br />Watershed Protection Overlay Districts having similar characteristics to the University Lake Protected and Critical <br />Watershed Protection Overlay Districts in order to establish greater uniformity within the Ordinance. <br />2 There is an existing disconnect between permit submittal requirements for a Zoning Compliance Permit and a <br />Stormwater management plan. Staff of Current Planning and Erosion Control could, essentially, be looking at 2 <br />different proposals as there is not an appropriate reference to the stormwater permitting requirement in this section <br />of the UDO. There is also a disconnect with respect to the required level of site plan detail (i.e. professionally <br />prepared versus scaled plot plan) to obtain a land disturbing permit. Staff is proposing to add language requiring a <br />8