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8 <br /> ORANGE COUNTY <br /> PLANNING BOARD <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: April 3, 2024 <br /> Action Agenda <br /> Item No. 3 <br /> SUBJECT: Unified Development Ordinance Text Amendment — Regulatory Reform Compliance <br /> & Clarifications <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Proposed UDO Text Amendments (excerpts) Cy Stober, Director (919) 245-2592 <br /> PURPOSE: To review and make a comment upon a County-initiated text amendments to the <br /> Unified Development Ordinance (UDO) in response to North Carolina Session Laws (NCSLs) <br /> 23-108 and 23-137, as well as to clarify two related matters for improved administration of the <br /> UDO. <br /> BACKGROUND: The North Carolina General Assembly passed two laws over Governor <br /> Cooper's veto in the 2023 session that are relevant to the text of Orange County's UDO. The <br /> first was NCSL23-108, which expanded the definition of "residential" uses or zoning to all <br /> structures under the regulatory umbrella of the NC State Residential (Building) Code. This <br /> effectively expands this definition from one- and two-family dwellings to include three- and <br /> four-family dwellings. The consequence is the lack of Orange County authority to regulate the <br /> architecture or appearance of such structures, requiring amendment of Sections 2.5.3 (Site <br /> Plan Specifications), 4.6.2 (Major Transportation Corridor (overlay district) Application), and, <br /> for discussion, the definition of "Residential Development" in Article 10. <br /> Staff has initiated a relevant amendment Section 2.4.2 ("Zoning Compliance Permits, <br /> Requirements and Conditions") to transfer the responsibility of affirming UDO compliance <br /> before a Certificate of Occupancy is issued from the Building Inspector to the Planning and <br /> Inspections Director. The Inspections staff should be focused on NC State Building Codes <br /> compliance and not also be responsible for enforcement of Orange County's local <br /> development and use standards. <br /> NCSL23-137 was the "Regulatory Reform Act" and provides for the elimination of density <br /> regulations in water supply watersheds under the following conditions: <br /> 1) The property was developed prior to the effective date of the applicable water supply <br /> watershed regulations; <br /> 2) The property has not been combined with additional lots after January 1, 2021; <br /> 3) The property has not participated in density averaging, as allowed by NC G.S. § 143- <br /> 214.5(d2); <br /> 4) The current use of the property is nonresidential; <br /> 5) The remaining vegetated buffers on the property are preserved in accordance with <br />