Amendments to the UDO

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1 Amendments to the UDO Section Case No. Date Adopted Sub Section Title Changes Incorporated 1 Preamble TA /22/2011 Reformatted Section 2 Title TA /22/2011 Reformatted Section 3 Jurisdiction TA /22/2011 Reformatted Section 4 Primary Districts Established TA /13/ C 4 Central Business Expanded district description to allow for mixed uses and added a neighborhood meeting requirement for developments in C4 TA /10/ Districts Added "CD" districts to the primary zoning districts table. TA /14/ & C 1 Neighborhood Business & C4 Central Business Added provision for conditional zoning TA /26/ OIS Office, Institutional and Specialty Added 5000 sq.ft. cap to single retail establishment TA /26/ C4 Central Business Allow for exceptions to the CUP requirements in C4. Additionally change will remove any hurdles to the addition of awnings in the C4 TA /24/ C 4 Central Business TA /28/ C 1 Neighborhood Business Added an exception for recipients of the Façade Improvement Program grant and clarified the language regarding the conditional use permit requirements Modify building size requirements and reduce lot coverage in C1. TA /12/ & Downtown Code Zoning Districts Added Downtown Code zoning districts and descriptions 5 Conditional Use Districts TA /10/ Districts Added conditional zoning district language 6 Overlay Districts Established 10/14/ Flood Damage Prevention Ordinance New version superseeded old version TA /14/ Added provision for conditional zoning TA /23/ Historic Overlay District Removed entire section TA /25/ Flood Damage Prevention Ordinance Change filling requirements 7 Official Maps Adopted District Boundaries 8 Definitions TA /14/2009 Added definitions for channel letter signs and push through signs 6/9/2009 Modified definitions of restaurant, lounge, and pylon signs TA /21/2009 Added definition for model home (display home; home portrait model) TA /21/2009 Added definition for Electronic Gaming Operations TA /10/2009 Modified definition of auto parts and supply store TA /8/2009 Added definitions for consumer service office, personal care services, tree(island), vehicular use area (VUA) TA /12/2010 Added definition for Beauty Salon TA /22/2010 Added definition for Dwelling, Multi family conversion, Mixed Use, Equestrian Facility TA /8/2011 Added definition for Tree Bank TA /10/2011 Modified definition of electronic message board and sign, changeable copy. Added definition for light emitting diodes, and sign, electronic message board TA /23/2011 Added a definition for traditional storefront building, prototype and prototype design and development TA /12/2012 Added a definition for accessory dwelling unit TA /27/2012 Added a definition for V shaped signs TA /26/2012 Added a definition for Community Garden and Farm Products and amended the definition for Farmers' Market TA /26/2012 Added a definition for Subdivision Sales Office TA /24/2012 Amended the definition for Park, Recreational Facility, Indoor and Recreational Facility, Outdoor. Added a definition for Park, Passive. TA /25/2012 Added a definition for Museum. TA /8/2013 Corrected typos for the definition of daycare and added "persons" to definition title TA /24/2013 Amended B&B definition, added Events Center, Convention Center, Meeting Facility definitions TA /24/2013 Amended/added definitions that pertain to signs 1

2 TA /12/2013 Amended/added definitinos that pertain to the Downtown Code TA /27/2014 Murals Amended definition of mural TA /22/2014 Daycares Amended definitions of daycares TA /12/2014 Church/House of Worship Amended definition of church/house of worship TA /9/2015 UDO Clean up Various 9 General Provisions TA /8/ Union County Public Schools Zoning Regulations New sub section TA /30/ Buffers, Screening, and Landscaping New version superseeded old version TA /10/ Tree Preservation New version superseeded old version TA /10/ Architectural Standards New sub section TA /12/ Architectural Standards Removed Architectural Standards from Section 9 and Moved to Section 20 TA /8/ E.8 Buffers and Screening Modified to require screening for parking areas for 5 or more vehicles TA /8/ D Parking Lot Landscaping Added requirements for parking lot landscaping TA /8/ A.1.C Tree Preservation and protection Added text regarding increased internal tree save when parking is above the maximum allowed per the ordinance TA /27/ Tree Preservation and Protection Removed the C4 exemption from the ordinance TA /14/ Curb, Gutter, and Sidewalk Requirements TA /24/ (E) Union County Public Schools Zoning Regulations TA /14/ D, A, 9.15 Buffers, Screening and Landscaping General Requirements; Ownership of Buffers; Telecommunication Towers Added language requiring sidewalks to be located in the street right of way Added in regulations for temporary signs on Union County Public Schools' property. Added provision for conditional zoning TA /8/ E Street Trees Updated to make this street tree section match the one in section G.1. Added provisions for large,medium and small maturing, and planting in ROW TA /8/ Tree Preservation Update for next generation trees. Added options for offsite mitigation and tree replacement fee. TA /28/ Accessory Structures Allow for exceptions to the accessory structure setback requirements. TA /22/ Tree Planting Mitigation Added tree mitigation requirements for understory trees TA /13/ One Principal Building Added a cross reference to the supplemental regulations for accessory dwelling units TA /24/ Buffers and Screening TA /26/ Accessory Structures Amended the language to allow for accessory structures in the front yard in certain situations TA /11/ Access to Property Remove requirement that development be limited to residential and add requirement for 20' access way TA /8/ Tree Preservation and protection Corrected typo 9.8.2, , General Provisions, Building Setback Exceptions, Language pertaining to fences was removed and added to TA /22/ Accessory Structures Section 9.19 TA /22/ Fences and Walls Added new section for fencing TA /22/ Accessory Structures Added language regarding fencing for kennels 10 Non Conforming Situations TA /10/ Nonconforming Updated to include non conforming signs. TA /24/ Non conforming Signs Rewrite non conforming section for signs 11 Schedule of District Regulations Corretion to text to make it consistent with the Table of 1/13/ Adult Establishement Supp. Regs TA Uses TA /13/ Home Occupation Supp. Regs Added regulations TA /9/ Adult Establishement Supp. Regs Updated Adult Estblishment Regulations to include: definitions, distance reqs, prohibition of sleeping quarters, restruction of uses on same property or builiding, and signs TA /21/ Electronic Gaming Supp. Regs. Added regulations TA /10/ Auto Parts and Supply Store Supp. Regs Modified Regulations TA /10/ Outdoor Seasonal Sales Added Regulations TA /22/ Automobile Repair Shops Modified Regulations 2

3 TA /22/ Lot Dimension Requirements Limit C4 height restriction to 3 stories TA /22/ Multi family in the C4 District Added regulations TA /22/ Equestrian Facilities Added regulations TA /14/ Home Occupation Supp. Regs In the RM 1 and RM 2 zoning districts, home occupations shall only be allowed on lots containing single family residential dwellings. TA /8/ Produce Stand (accessory use) Removed regulation requiring that all produce sold shall be grown on a lot under the same ownership as the lot upon which the produce stand is located. TA /23/ Prototype Design and Development Added regulations for a new use TA /23/ Seasonal Outdoor Sales Revised language to exclude certain situations from having to obtain a zoning use permit TA /13/ Accessory Dwelling Units Added supplemental regulations for accessory dwelling units TA /24/ Planned Residential Developments TA /26/ & Community Garden & Farmers' Market Added supplemental regulations for community gardens and farmers' markets TA /26/ & Subdivision Sales Office & Temporary Automobile Parking Lot for Subdivision Sales Office Added supplemental regulations for subdivision sales offices and associated automobile parking lots TA /24/ & Golf Course (miniature) and Golf Driving Ranges Recreational Facility; Country Club; Swim Club Removed and made the section "Reserved". Amended so that it would reflect all Recreational Facilities, both indoor and out. TA /8/ Public Utility Facility Corrected typo TA /22/ Animal Shelter, Animal Kennels, Animal Hospital Added language to regulate chain link fencing TA /22/ Communication Towers; Telecommunication Towers Added language to regulate chain link fencing TA /26/ &82 Farmer's Market and Community Garden Added language to encourage development of expanded farmer's markets and add provisions for community gardens. TA /14/ Planned Residential Developments Modify for uniform minimum size requirements, setbacks and uses. Allow for the ability to modify setbacks on a case by case basis. TA /28/ C1 Neighborhood Business District Amend building size requirements and reduce lot coverage maximum. TA /24/ & 86 Events Center & Meeting Facilities Added supplemental regulations for Events Center & Meeting Facility TA /12/ & 11.2 Downtown Code Amend Zoning Table of Uses & Lot Development Requirements to reference the Downtown Code TA /25/ Fast Food Modify distance separation requirements for fast food or drive through restaurants TA /22/ Daycares Add provision for daycare centers up to 8 persons, and between 9 & 12 persons TA /24/ A.1 3 PRD Modify acreage requirement for a PRD from 50 to 20 TA /9/ UDO Clean up Correct reference 12 Off Street Parking and Loading TA /11/2008 Off Street Parking Total update of the section, superceede old version TA /8/2009 Off Street Parking Total update of the section, superceede old version TA /14/ A.1 Standards for Pedestrian Facilities Added language requiring sidewalks to be located in the street right of way TA /26/ D Off Street Parking Added parking requirements for subdivision sales offices TA /30/ Exterior Lighting Added provisions for Outdoor Sport Fields and Performance Areas 13 Signs 11/1/2007 Signs Total update of the section, superceede old version TA /30/ Wall Sign Illumination Allow for externally lit signs TA /14/2009 Signs Re formatted section numbering TA /14/ B.h Wall Sign Internal Illumination Allow for internally lit signs only channel letter and push through type signs TA /14/ A.9 &10 On Premise Ground Signs Illumination Allow for externally lit signs and internally lit signs only channel letter and push through type signs Signs that Do Not Require a Permit and Union County Added regs for off premise Farmers Market Signs and TA /9/ R & Public School Signs Special regs for Union County Public Schools Added text to require all signs to be architechurally compatible with the buildings referenced by the sign or its TA /11/ G Architectural Compatibility immediate environs as determined by the ZA. TA /21/ Portable signs for model homes in a residential zoning district Added text to allow for model home portable signs Portable signs for model homes in a residential zoning TA /21/2009 Table district Added provision in table. TA /10/ Temporary Signs that require a permit Added Outdoor Seasonal Sales TA /14/ ; B; Prohibited Signs; Wall Signs; On Premise Signs Add provision for conditional zoning. 3

4 13.16.A.1; Tables to Temporary Signs that require a permit; District summary tables Allow temporary portable signs for businesses in all commercial districts TA /16/ & TA /25/ Prohibited Signs; On Premise Ground Signs Allow off premise signs for combined developments 13.10, 13.12, Prohibited Signs; Permanent Signs that Require a Permit; Updated ordinance to allow for electronic LED gasoline TA /10/ On Premise Ground Signs price signs Nonconforming signs & Nonconforming and or Remove Section and refer non conforming signs in TA /10/ & Prohibited sign schedule removal section to section 10. Added text to allow for signage within outdoor recreation TA /26/ Signs that Do Not Require a Permit facilities / ballfields , 13.12, Added provision for landlocked businesses to have signs TA /22/ Off Premise Signs for Landlocked Businesses that are visible from a public right of way Changed the way multi faced sign area is computed from Computation of Area for Multi faced Signs & Prohibited inches to degrees and removed the sign distances in the TA /27/ & Signs prohibited sign section TA /27/ C Planned Development Flexibility Option Revised the requirements for a Master Sign Program Added in regulations for temporary signs for public, private TA /24/ Signs That Do Not Require a Permit and charter schools TA /8/ Off Premise Ground Signs Corrected typo TA /24/ Signs Rewrite of entire sign ordinance TA /27/ Ballfield Signs Add provisions for ballfield signage TA /27/ Murals Amend provisions for murals TA /24/ , 13.9 Non Profit Special Event Banners Add provisions for non profit & special event banners TA /22/ Drive Thru Menu Boards Increase the height of drive thru menu boards to 6 ft. TA /9/ UDO Clean up Seasonal Outdoor Sales Signs 14 Conditional Use Permits 3/10/ B Conditional Use Permits Removed requirement for stating the nature of the public TA hearing, date, time and location on the sign posting 10/21/ Effect of Approval Removed the following text from the first sentence "develop any other use listed as a 'permitted use' for the general zoning district in which it is located" TA /14/ Conditional Use Permits Procedure Increased submittal time from 25 days to 45 days prior to Planning Board meeting TA /14/ Conditional Use Permits Effect of Approval Changed CUP validity from one year to two years. TA /24/ Effect of Approval Amended the language to be consistent with NC General Statutes TA /25/ Board of Commissioners Action Amended the language to allow for more flexibility in scheduling a public hearing after the Planning Board has made their recommendation. TA /9/ UDO Clean up Planning Board Recommendation 15 Board of Adjustment TA /12/ & 15.7 Powers of the Board of Adjustment & Appeals from Decisions of the Administrator Updated text to comply with language in the state statute TA /24/ Board of Adjustment Amend entire section 16 Amendment to Unified Development Ordinance TA /10/ Amendments to the UDO Added text to require the posting of a sign on the subject property for zoning map amendments TA /21/ Amendment Initiation Added Planning Staff and Any person having subsantial interest in the UDO for TA changes and added text for a third party with owner's written consent for map amendments. TA /21/ Procedure for Submission and Consideration of Applications for Amendment Added item D stipulating payment of applicable fee TA /10/ Amendment to Unified Development Ordinance Added regulations for conditional zoning and reorganization of the section. TA /24/ Protest Petitions Revised the language to reflect the NC General Statutes TA /12/ Downtown Code Added the Downtown Code zoning districts TA /24/ &2 12 Month Limitation Revision Waive 12 month resubmittal requirement 17 Administration TA /12/ Changed title from "Encorcement" to "Administration" TA /12/ Penalty for Violations Added this subsection, previously Section 19 of UDO TA /12/ Effects Upon Outstanding Building Permits Added this subsection, previously Section 20 if UDO TA /12/ Interpretation, Purpose, Conflict Added this subsection, previously Section 21 of UDO TA /12/ Validity Added this subsection, previously Section 22 of UDO TA /28/ Penalty for Violations Clarified this section regarding penalties for violating the ordinance. TA /24/ Early Vesting of Development Rights Upon Approval of a Site Plan 4

5 18 Subdivision Regulations TA /14/ f Lot Dimensions Added text to explicitly state the requirement that address numbers must be placed on the building unless otherwise authorized by the Zoning Administrator. TA /14/ b Traffic Control Devices Added language to require the installation of mast arms for new and existing roadway intersections were signalization is required. TA /24/2009 Added Proof Roll requirement TA /21/ Improvement Guarantees Added maintenance bond requirement. Changed reference to Town Commission to Zoning Administrator TA /27/ d Improvement Guarantees Maintenance of Dedicated Areas until Acceptance Updated 90% to 80% and modified the language stipulating the security amount required. TA /14/ Sidewalks Added language requiring sidewalks to be located in the street right of way TA /24/ Minimum Standards of Design TA /24/ Certifications Required from Subdivider Removed the requirement to having a notary public's seal on a final plat. 19 Historic Preservation TA /12/ Changed title from "Penalty for Violations" to Historic Preservation" TA /8/ Designation of Landmarks Corrected typo 20 Architectural Standards TA /12/ Changed title from "Effects on Outstanding Building Permits" to "Architectural Standards" Add clause saying only applies to parking lots & not to onstreet 12/8/ Streetscape for non residential & multifamily parking. TA /22/ , Removed language regarding fencing and added it to General Building Requirements, Site & Building Elements Section Downtown Code TA /12/ Changed title from "Interpretation, Purpose, Conflict" to "Reserved" TA /12/ Downtown Code Added Section 21 Downtown Code TA /24/ Downtown Code Clean Up Fixed typos and clarified regulations TA /22/ Daycares Change use table and supplemental regulations for daycares TA /9/ UDO Clean up Various TA /25/ Streetscreens Change requirements for vegetative streetscreens 22 Reserved TA /12/ Changed title from "Validity" to "Reserved" 23 Effective Date Table of Uses Case No. Date Adopted Title TA /8/2008 Allow non retail uses at the street level in the C 4 district TA /13/2009 Correct crematoria use from "XC" to "C" TA /13/2009 Expanded permited and conditional uses in the C 4 district to allow for mixed use TA /21/2009 Added Electroinic Gaming Operations to C2 with a "CS" designation TA /21/2009 Offices as a permitted use "X" in the OIS district TA /21/2009 Accessory structures added as a permitted use in R1 "XS" and listed 9.20 as the supp reg reference. TA /21/2009 Family Care homes changed from "C" to "X" per General Statute (a). TA /10/2009 Updated Automobile Parts & Supply store supp regs to TA /10/2009 Added Seasonal Outdoor Sales to Table of Uses TA /12/2010 Modified Baber/Beauty Shop to be permitted "X" use in OIS zoning district TA /22/2010 Added Dwelling, Multi Family Conversion and Mixed Use as "C" in the C4 zoning district TA /22/2010 Added Equestrian Facility as a "CS" in the R 1 Single Family residential zoning district TA /14/2010 Allow equestrian facilities and horse barns as a conditional use "C" in the R1, R2, R3, and R4 districts 5

6 TA /14/2010 Allow Home Occupations as a permited use with supp. regs "XS" in the RM 1 and RM 2 zoning districts TA /14/2010 Added provision for conditional zoning TA /8/2011 Changed "Tanning and Nail Salons" from "C" to "X" in C4 TA /10/2011 Allow "clothing, footwear, & apparel" and "second hand & consignment shops" as permitted uses in OIS TA /23/2011 Added a Prototype Design and Development use to the table TA /13/2012 Added a Dwelling Unit, Accessory use to the table TA /26/2012 Added a Community Garden use. Amended the Farmers' Market use. TA /26/2012 Amended the Museum use. TA /26/2012 Added a Subdivision Sales Office and a Temporary Automobile Parking Lot for Subdivision Sales Office. TA /24/2012 Removed Golf Course, Miniature and Golf Driving Range and Health Club, Spa, and Gymansium use TA /24/2012 Added Park, Active and Park Passive use. Amended Recreational Facility, Indoor, Recreational Facility, TA /24/2012 Outdoor, and Saking Rink, Indoor. TA /8/2013 Added correct supplemental regulation reference for outdoor recreation facility TA /24/2013 Added/amended B&B, Events Center, Convention Center, Meeting Facility TA /12/2013 Added reference to the Downtown Code TA /22/2014 Changed daycare related uses Comprehensive Plan 9/8/2009 Update to the Comprehensive Plan based on public / commissioners comments at the original public hearing when adopted in April

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