Loading...
2022 Maintenance Amendment -Updates Summary Packet Unified Development Ordinance (UDO) Maintenance Amendment – Updates Code Sections Affected Section 2.3, Definitions and Terms Section 4.3.2, Residential Uses Section 5.3, Tree Retention Section 5.5, Exterior Lighting Section 10.3, Application-Specific Procedures Key Intent Update existing standards to ensure ordinance provisions are effective and work the way they are intended Changes • Modification of when staff has the authority to approve minor deviations to a site plan administratively to limit the ability to modify changes in height for taller buildings and to allow for non-substantive changes likely to occur during the engineering and technical permitting phases of a project. (See Article 10.3, Application-Specific Procedures) • Codification of development review process timing for tree removal permit related-landscaping plans and for lighting designs. (See Section 5.3, Tree Retention, Section 10.3, Application-Specific Procedures, and Section 5.5, Exterior Lighting) • Incorporate a frequent reasonable accommodation request received by the Board of Adjustment and increase the number of residents with disabilities allowed in a group home from six to eight (See Section 4.3.2, Residential Uses) • Revise the definition of family to allow household types such as domestic partnerships and civil unions not currently covered under the ordinance provisions and those that include both related and unrelated people. (See Section 2.3, Definitions and Terms) Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown in bold blue text or crossed out red, italics. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates Article 2: Measurements and Definitions Section 2.3. Definitions and Terms FAMILY One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, domestic partnership, or civil union, living together as a single housekeeping unit, no such family shall contain over three persons, but further provided that: A. Domestic servants employed on the premises may be housed on the premises without being counted as part of the family residing on the premises; The family contains no more than three unrelated persons in addition to related householder members. and B. A foster home as designated by the North Carolina Department of Social Services for the care of not more than five children less than 18 years of age shall be considered as family. C. Any child less than eighteen years of age living with parent(s) or a legal guardian is not to be counted as a person in the calculations. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates Article 4: Uses and Use-Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES B. Group Living 1. Group Home [11-16-2020] Group homes shall comply with the following standards: a. Group homes shall be limited to eight six disabled persons with disabilities, living together as a self-supporting and self-sufficient household unit. b. No group home shall be occupied or operated without zoning approval. 1. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and 2. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. c. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right-of-way of a major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. d. Reasonable accommodations shall be provided in accordance with Section 10.3.13 Reasonable Accommodation. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates Article 5: General Development Standards Section 5.3. Tree Retention 5.3.3. TREE INVENTORY Regulated trees existing on a site at the time of development application that are required to be retained or replaced in accordance with this section shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.5. TREE REMOVAL PERMITS A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1, Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with Section 10.3.9, Tree Removal Permit. B. Unless a waiver, exemption, or exception applies in accordance with Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing removal is required before any clearing, grading, or other authorizations may be issued, including building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until after construction plan approval. The removal of any specimen tree is prohibited on any parcel unless exempt according to Section 10.3.11, Variance – Zoning and Subdivision. If a specimen tree is removed without a permit, the penalty for this violation shall be twice the mitigation fee. Section 5.5. Exterior Lighting 5.5.3. TIME OF REVIEW Information about the exterior lighting for the site that demonstrates compliance with the standards in this section shall be submitted in conjunction with an application for site plan approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance Approval), whichever comes first. approved no later than at time of construction plan approval. An administrative waiver for this requirement to allow submittal of the lighting plan no later than the time of construction plan approval may be granted by the Planning Director, provided the application is accompanied by a letter from the utility provider or lighting designer explaining why the lighting plan cannot be submitted at the time of site plan approval or zoning compliance approval. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates Article 10. Administrative Procedures Section 10.3. Application-Specific Procedures 10.3.3. CONDITIONAL ZONING C. Conditional Zoning Procedure 7. Post-Decision Limitations and Actions The post-decision limitations and actions in Section 10.2.10, Post-decision Limitations and Actions, apply, in addition to subsections a through c below. b. Minor Deviations [05-03-2021] Subsequent applications for development within a conditional zoning district may include minor modifications from the approved conceptual site plan, provided such modifications do not result in a change in the permitted uses or density, specified conditions of approval, or and otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building or structure placement, provided the placement complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and approved during the conditional rezoning process by more than 10 percent from what was originally approved; 2. Modifications in building, structure, or site configuration the configuration of the building(s), structure(s), or site plan; 3. Increases to building or structure size and height the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates 10.3.4 MASTER PLANNED DEVELOPMENT C. Master Planned Development Procedure 8. Post-Decision Limitations and Actions e. Minor Deviations [05-03-2021] Subsequent applications for development within a master planned development district may include minor modifications from the approved MPD Master Plan and MPD Terms and Conditions document, provided such modifications do not result in a change in permitted uses or density, specified conditions of approval, or and otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building or structure placement, provided the placement does not decrease approved setbacks by more than 10 percent from what originally approved; 2. Modifications in building, structure, or site configuration the configuration of the building(s), structure(s), or site plan; 3. Increases to building or structure size and height the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. 10.3.5. SPECIAL USE PERMIT C. Special Use Permit Procedure 7. Post-Decision Limitations and Actions b. Minor Deviations [05-03-2021] 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates Subsequent applications for development pursuant to an approved special use permit may include minor modifications from the approved special use permit, provided such modifications do not result in a change in permitted uses or density, specified conditions of approval, or and otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director. 1. Modifications in building or structure placement, provided the placement complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and approved during the conditional rezoning process by more than 10 percent from what was originally approved; 2. Modifications in building, structure, or site configuration the configuration of the building(s), structure(s), or site plan; 3. Increases to building or structure size and height the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. The Planning Director may approve minor deviations in the location and size of structures of an approved special use permit if the applicant demonstrates that the deviation is necessary and would not cause or contribute to any of the following: 1. A change in the character of the development; 2. A change of design for, or an increase in the hazards to pedestrian and vehicle circulation, or 3. A modification in the originally approved setbacks from roads or property lines exceeding ten percent. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Updates 10.3.9. TREE REMOVAL PERMIT A. Purpose The purpose of this section is to provide a uniform mechanism for ensuring all development complies with the standards in Section 5.3.4, Tree Retention Standards. B. Applicability 1. General a. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with this section. b. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, tree removal permit authorizing approval is required before any clearing, grading, or other authorizations are issued under this Ordinance, including erosion and sedimentation control permits (see Article 8: Erosion and Sedimentation Control) and building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until after construction plan approval. c. An approved tree removal permit for new construction shall apply to the entire site.