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28 <br /> 1 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to <br /> 2 approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments <br /> 3 (Attachment 7). <br /> 4 <br /> 5 VOTE: UNANIMOUS <br /> 6 <br /> 7 c. Unified Development Ordinance Text Amendment — Regulatory Reform Compliance & <br /> 8 Clarifications <br /> 9 The Board held a public hearing, received the Planning Board and staff recommendations and <br /> 10 public comment, closed the public hearing, and approved County-initiated text amendments to <br /> 11 the Unified Development Ordinance (UDO) in response to North Carolina Session Laws (NCSLs) <br /> 12 23-108 and 23-137, as well as to clarify two related matters for improved administration of the <br /> 13 UDO. <br /> 14 <br /> 15 BACKGROUND: The North Carolina General Assembly approved two laws over Governor Roy <br /> 16 Cooper's veto in the 2023 session that are relevant to the text of Orange County's UDO. The first <br /> 17 was North Carolina Session Law (NCSL) 23-108 (Attachment 1), which expanded the definition <br /> 18 of"residential" uses or zoning to all structures under the regulatory umbrella of the North Carolina <br /> 19 State Residential (Building)Code. This effectively expands this definition from one-and two-family <br /> 20 dwellings to include three- and four-family dwellings. The consequence is the lack of Orange <br /> 21 County authority to regulate the architecture or appearance of such structures, requiring <br /> 22 amendment of Sections 2.5.3 (Site Plan Specifications) and 4.6.2 (Major Transportation Corridor <br /> 23 (overlay district) Application). Staff has initiated an amendment to the definition of "Residential <br /> 24 Development" in Article 10 to reflect this statutory change. <br /> 25 <br /> 26 Staff has also initiated a relevant amendment to Section 2.4.2 ("Zoning Compliance Permits, <br /> 27 Requirements and Conditions")to transfer the responsibility of affirming UDO compliance, before <br /> 28 a Certificate of Occupancy is issued, from the Building Inspector to the Planning and Inspections <br /> 29 Director. The Inspections staff should be focused on NC State Building Codes compliance and <br /> 30 not also be responsible for enforcement of Orange County's local development and use <br /> 31 standards. <br /> 32 <br /> 33 NCSL 23-137 (Attachment 2)was the "Regulatory Reform Act" and provides for the elimination of <br /> 34 density regulations in water supply watersheds under the following conditions: <br /> 35 1) The property was developed prior to the effective date of the applicable water supply <br /> 36 watershed regulations; <br /> 37 2) The property has not been combined with additional lots after January 1, 2021; <br /> 38 3) The property has not participated in density averaging, as allowed by North Carolina <br /> 39 General Statute § 143-214.5(d2); <br /> 40 4) The current use of the property is nonresidential; <br /> 41 5) The remaining vegetated buffers on the property are preserved in accordance with Section <br /> 42 6.13.4 of the Ordinance. <br /> 43 <br /> 44 This new standard is proposed as the new Section 4.2.4(A), "Residential Density, Density <br /> 45 Exceedance Allowance". <br /> 46 <br /> 47 Accompanying this statutory amendment is one to the Section 6.14 Stormwater standards, <br /> 48 clarifying that only new "built upon area" (aka "impervious surface") must be treated with <br /> 49 Stormwater Control Measures, as required by State and federal laws. The existing "built upon <br /> 50 area" (BUA) does not require stormwater treatment. The developer may elect to treat the existing <br /> 51 BUA, and it may be offered as a condition of approval of a conditional zoning or special use permit <br />