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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: June 4, 2024 <br /> Action Agenda <br /> Item No. 5-c <br /> SUBJECT: Unified Development Ordinance Text Amendment— Regulatory Reform Compliance <br /> & Clarifications <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. NCSL 23-108 (Excerpt) Cy Stober, Director, (919) 245-2592 <br /> 2. NCSL 23-137 (Excerpt) <br /> 3. Excerpt of Draft May 1, 2024 Planning Board <br /> Minutes and Signed Statement of Consistency <br /> 4. Statement of Consistency <br /> 5. Ordinance and Proposed UDO Text Amendments <br /> PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations and <br /> public comment, close the public hearing, and consider action on County-initiated text amendments <br /> to the 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 UDO. <br /> BACKGROUND: The North Carolina General Assembly approved two laws over Governor Roy <br /> Cooper's veto in the 2023 session that are relevant to the text of Orange County's UDO. The first <br /> was North Carolina Session Law (NCSL) 23-108 (Attachment 1), which expanded the definition of <br /> "residential" uses or zoning to all structures under the regulatory umbrella of the North Carolina <br /> State Residential (Building) Code. This effectively expands this definition from one- and two-family <br /> dwellings to include three- and four-family dwellings. The consequence is the lack of Orange <br /> County authority to regulate the architecture or appearance of such structures, requiring <br /> amendment of Sections 2.5.3 (Site Plan Specifications) and 4.6.2 (Major Transportation Corridor <br /> (overlay district) Application). Staff has initiated an amendment to the definition of "Residential <br /> Development" in Article 10 to reflect this statutory change. <br /> Staff has also initiated a relevant amendment to Section 2.4.2 ("Zoning Compliance Permits, <br /> Requirements and Conditions") to transfer the responsibility of affirming UDO compliance, before a <br /> Certificate of Occupancy is issued, from the Building Inspector to the Planning and Inspections <br /> Director. The Inspections staff should be focused on NC State Building Codes compliance and not <br /> also be responsible for enforcement of Orange County's local development and use standards. <br /> NCSL 23-137 (Attachment 2) was the "Regulatory Reform Act" and provides for the elimination of <br /> density 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 North Carolina General <br />