1. BCC PUBLIC HEARING CH. 38 (ZONING) LAND DEVELOPMENT CODE UPDATE Zoning Division AUGUST 23, 2016

2. Overview  Background  Amendment Categories Significant Minor Language Clarification  PZC Recommendation  Post PZC Amendments  Next Steps

3. Background Background The Ch.38 (Zoning) land development code update consists of a variety of amendments that provide clarification and consistency in the code. Changes are being requested to the following sections:  Definitions  Use Table  Conditions for Uses  General Site Standards

4. Significant Amendments SubjectChangeJustification Assisted Living Facility New use with appropriate standards similar to nursing homes, convalescent homes; SE in R-3 and permitted in commercial and industrial districts. Code is currently silent and we have seen more of an increase in these request; Clarifies code regarding where appropriate Farm Animals Revises amounts of chickens, pigs and horses Placement of compost and holding area Exempts commercial operations if bonafide Ag Consolidate standards for simplicity; Additional restrictions needed to prevent nuisances; Allow 4H & FFA educational programs; Agriculture Board recommended approval Commercial Solar Farm New Use. Permitted in Ag and Industrial districts; Required to be 200 ft. from residential use Request from utility companies have prompted this request

5. Significant Amendments SubjectChangeJustification Special Exception Criteria Allow 2 years instead of 1 year for SE to obtain building permits 1yr is not sufficient for all types of projects; Additional time needed for financing complex projects ParkingNew & revised standards auto dealerships assisted living facilities mechanical garages Schools Address lack of standards for clarification and consistency of implementation; clarification of school parking standards Wind Turbine/Solar (Accessory Residential & Commercial) Introduces new standards establishing setbacks, height restriction per zoning district and screening requirements No current language regarding how this use is regulated as a primary and ancillary use; Also, part of Go Solar program which encourages the use of solar power

6. Food Trucks

7. Significant Amendments SubjectChangeJustification Mobile Food Vendors (Food Trucks) Limits hours of operation, number of trucks, prohibit signage and audio/visual equipment As requested by BCC at a work session where issues raised about unabated nuisances Compatibility of Building Heights in I- 1/I-5 & I-2/I-3 Changes height limit to 35 feet when adjacent (w/in 100 ft) to residential use (instead of only residential district) Takes into consideration the unique circumstance where the existing use is non-conforming and the SFR is unprotected Compatibility of Building Heights in C- 1, C-2 & C-3 Changes height limit to 35 feet when adjacent (w/100 ft) to residential use (instead of only residential district) Same as above

8. Compatible Heights

9. Significant Amendments SubjectChangeJustification Alcohol Beverage License & Vacant Property New establishments which meet package sales criteria may be issued a license on vacant parcel with proper documentation Address lack of uncertainty when someone purchases a property for alcohol package sales on a future site Village PD- Neighborhood Center & Restaurants with Alcohol Reduces alcohol on-site consumption distance separation from schools & religious institutions from 1000 ft. to 100 ft. To be consistent with development standards in the Village Center District; Commercial centers designed to have eateries and shops in close proximity Alcohol Beverage License & Schools Alcohol distance separation reduction to restaurants from 1000 ft. to 500 ft.; May re-establish license within 5 yrs.; Revised distance measurement Restaurants which sell alcohol are not viewed as a nuisance; As new schools open, existing restaurants become non-conforming thereby limiting future use or expansion; Refined distance measurement

10. ACTIVITY MIXED USE DISTRICT

11. Significant Amendments SubjectChangeJustification Alcohol Beverage License in ACMU Reduce distance separation to school from 1000 ft. to 300 ft. for restaurants only; May apply to bars also through a public hearing process Similar to Village Center and Neighborhood Center; Special districts encourage restaurants & hotels in these intense and heavily pedestrian areas

12. Significant Amendment SchoolReligious Inst.Adult Ent. Unincorporated County 500 ft.1000 ft.200 ft. HW-Neighborhood Village* 100 ft. 200 ft. HW-Village Center100 ft. 200 ft. ACMU-Restaurants300 ft.1000 ft.200 ft. ACMU-Bar500 ft.**1000 ft.200 ft. *Existing Language in Ch. 38 **May be reduced through a Public Hearing Process Summary of Alcohol Distance Measurement from Schools and Religious Institutions

13. Significant Amendments SubjectChangeJustification ADU’sRequire Special Exception in Neighborhood Residential District; Remove restriction on ADU’s being only for relatives; Add restrictions to avoid fee simple ownership; Consistent with how this use is applied in all other districts allowed; Limitation on only being allowed for relatives shall be removed to encourage infill, housing options and affordability Car Rental Agencies Allows for limited car rental services on hotel/motel and timeshare sites Provides criteria to be allowed as an ancillary use if criteria is met; Limited to 10% of required parking & located in the rear of business Donation BinsAllow in Multifamily districts with minimum 100 units with standards; Renaming to Collection Bins Currently allowed in commercial & industrial districts. Proliferation of bins led to new rules in 2014

14. Minor Amendments SubjectDescription Auto Service Station & Towing Adding buffers when adjacent to residential uses. Allowing towing as an accessory to auto service station principal use Accessory StructuresEstablish side and rear setbacks for covered parking for commercial uses Retention/Detention Pond in R-2 Zoning Allowed per Zoning Use Table but not per condition Sec. 38- 79(123). Correcting inconsistency Refuse Solid Waste Areas Creating consistent standards for trash dumpsters in Commercial Districts C-1, C-2 & C-3 and Professional Office Parking DesignCreates standards to allow parallel parking Street ClassificationsAmending road classification definitions and setbacks per Transportation Planning Home Based OccupationMoving from definition to its own section; Limits use to max. area, clarifies nuisances

15. Minor Amendments SubjectDescription Temporary Portable Storage Containers Adding limits on frequency of use to create “downtime” of 6 months or from becoming permanent Night WatchmanDeletes requirement for Special Exception in Industrial Zones Landscape EquipmentClarifies outdoor equipment associated with Agriculture is ok, but not with landscape business unless through Special Ex. Emergency GeneratorReduces side yard setback to 10ft. Instead of 30ft. Residential Screen RoomReduce requirement from 20 ft. to 50% of rear yard for PD’s. Average lot sizes are decreasing and cannot met requirement Townhouse DrivewayDeletes driveway setback from building. Not necessary Veterinary ServiceOutdoor Runs in Professional Office district requires sound proof structure similar to C-1, C-2 & C-3 districts FencesProvides definition and requires uniformity of materials; Establish standards for clear view triangle for rear of corner lot which abuts front of adjacent lot.

16. Minor Amendments Requiring Uniform Fences

17. Minor Amendment Fences & Corner Lots-Visibility Issue

18. Minor Amendments SubjectDescription Communication antenna/Cell Tower Clarifies canister type antenna can be used in ROW’s. Allows Cell Tower to be approved through PD process instead of BZA Lot SplitsRequires lot splits to have at least 20 ft. road frontage unless less restrictive approved by PSP Wood ChippingAmending language to allow a variance to be applied for if within the 100 feet setback Conway/Hoffner OverlayCorrect the appendix map approved by Ordinance 2015-19

20. Language Clarification Language clarification includes:  Typographical errors  Correcting reference  Clarifies administering division

21. Planning & Zoning Commission On May 19, 2016, LPA recommended approval and found the ordinance to be consistent with the Comprehensive Plan and provided the following comments/changes:  Clarify that no storage will be allowed as accessory to Automobile Service Station use  Review Ch. 38 (Zoning) regarding “hobby kennels”, specifically tightening regulations and making standards consistent with Ch. 5 (Animals)  Sect.38-1408(k)-Leave lakefront setback language as is

22. Planning & Zoning Commission  Draft Section 38-1408(k) On a lakefront lot, a fence or wall within the rear yard setback area shall be limited to a maximum height of four (4) feet, unless notarized letters from adjacent property owners are submitted stating that they have no objections to an increased fence height. However, the increased fence height is still subject to other applicable fence height limitations in the Orange County Code.  Rescind process?  Not aesthetically appealing  Not typically variance process

23. Post PZC Amendments  Pg. 1 Section 38-1 Delete Aviculture definition and use from Zoning Use Table  Pg. 19 Section 38-79 (9) Increase distance separation between Community Residential Home  Pg. 43 Prohibit Massage Business from Home Occupations  Pg. 82 Require visibility standards for fences on vacant properties

24. Post PZC Amendments  Pg.82 Reducing the distance separation between alcohol package stores from 5,000 ft. to 1,000 ft.  Grammatical and language clarifications to various sections

25. Next Steps  September 13th Second Public Hearing

26. Requested Action Recommend approval of the ordinance amending Ch. 38 and make a finding that it is consistent with the comprehensive plan, and approve the ordinance as presented (with permission to correct any scrivener’s errors)

27. BCC PUBLIC HEARING CH. 38 (ZONING) LAND DEVELOPMENT CODE UPDATE Zoning Division AUGUST 23, 2016