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ORC agenda 070115
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ORC agenda 070115
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BOCC
Date
7/1/2015
Meeting Type
Regular Meeting
Document Type
Agenda
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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 5-62 <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 for Residential Land Uses 2 <br />(A) General Standards <br />(1) Recreational uses shall be treated as a customary accessory use to residential <br />land uses and shall adhere to all applicable development standards for the <br />district in which they are located unless otherwise specified herein. <br />(2) Recreational uses shall not be open to the public, designed to accommodate <br />public access or use, used in connection with established recreation leagues or <br />organizations, or in any way serve as a recreation amenity for adjacent property <br />owners.3 <br />(3) Amenities, equipment, and/or facilities such as athletic field lighting, bleachers, or <br />public address systems shall not be permitted.4 <br />(B) Specific Standards <br /> <br />2 Staff has always interpreted a recreational use (i.e. pool, basketball court, etc.) to be an customary accessory use <br />to a residence. There 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 imposition of various <br />standards to ensure this use does not become some form of commercial operation. <br />3 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 defacto expansion of an accessory use on 1 property to serve others recreation <br />needs. <br />4 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 />recommending language that would prohibit the installation/use of equipment allowing for the expanded use of a <br />recreation amenity beyond what is considered customary for a residential setting. <br />12
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