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ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1, 2024 Action Agenda Item No. SUBJECT: Unified Development Ordinance Text Amendment – Regulatory Reform Compliance & Clarifications DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1.NCSL23-108 (excerpt) 2.NCSL23-137 (excerpt) 3.Statement of Consistency 4.Proposed UDO Text Amendments (collated) INFORMATION CONTACT: Cy Stober, Director (919) 245-2592 PURPOSE: To review and make a recommendation to the Board of County Commissioners (BOCC) on County-initiated text amendments to the Unified Development Ordinance (UDO) in response to North Carolina Session Laws (NCSLs) 23-108 and 23-137, as well as to clarify two related matters for improved administration of the UDO. BACKGROUND: The North Carolina General Assembly passed two laws over Governor Cooper’s veto in the 2023 session that are relevant to the text of Orange County’s UDO. The first was NCSL23-108 (Attachment 1), which expanded the definition of “residential” uses or zoning to all structures under the regulatory umbrella of the NC State Residential (Building) Code. This effectively expands this definition from one- and two-family dwellings to include three- and four-family dwellings. The consequence is the lack of Orange County authority to regulate the architecture or appearance of such structures, requiring amendment of Sections 2.5.3 (Site Plan Specifications), 4.6.2 (Major Transportation Corridor (overlay district) Application), and, for discussion, the definition of “Residential Development” in Article 10. Staff has initiated a relevant amendment Section 2.4.2 (“Zoning Compliance Permits, Requirements and Conditions”) to transfer the responsibility of affirming UDO compliance before a Certificate of Occupancy is issued from the Building Inspector to the Planning and Inspections Director. The Inspections staff should be focused on NC State Building Codes compliance and not also be responsible for enforcement of Orange County’s local development and use standards. For similar purposes, staff is recommending a revision to the definition of “Residential Development”. NCSL23-137 (Attachment 2) was the “Regulatory Reform Act” and provides for the elimination of density regulations in water supply watersheds under the following conditions: 1)The property was developed prior to the effective date of the applicable water supply watershed regulations; 2)The property has not been combined with additional lots after January 1, 2021; 3)The property has not participated in density averaging, as allowed by NC G.S. § 143- 214.5(d2); 9 96