Item 13-B Corrections, Clarifications and Consistency (TC)
LAND DEVELOPMENT ORDINANCE - TEXT AMENDMENTS – Round 13
Item # 13B Corrections, Clarification AND Consistency
Town Council Meeting – January 14, 2010
PROCESS AND ACTIONS TO DATE
Town Council Public Hearing
The Town Council public hearing on Items 13B-1 through 13B-6 (described below) was held on October 22, 2009. There were no comments or discussion on these items at the public hearing.
Planning & Zoning Board Work Session
The proposed amendments were presented at the Planning and Zoning Board work session on November 9, 2009. There were no issues or concerns raised.
Changes Since Planning and Zoning Board Work Session
Additional changes were made to Item 13B-6 to further clarify the intent of Section 1.9, Severability.
Staff Recommendation
Staff recommends approval of the LDO amendments proposed in Items 13B-1 through 13B-6 below.
Planning and Zoning Board Meeting and Recommendation
On December 21, 2009, the Planning and Zoning Board recommended approval of the proposed amendments by a vote of 7-0.
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ITEM 13B-1 APPEAL OF ADMINISTRATIVE DECISIONS |
Background The proposed amendment provides consistency with terms used in the General Statutes and eliminates redundant text.
Proposed Text
3.21 APPEALS OF ADMINISTRATIVE DECISIONS
3.21.2 Decisions That May Be Appealed
Any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer in interpreting and/or enforcing the provisions of this Ordinance may be appealed to the Zoning Board of Adjustment, unless otherwise provided in this Ordinance. An appeal to the Zoning Board of Adjustment may be brought by any person aggrieved by any order, requirement, decision, or determination that is made by an administrative official charged with enforcement of the Land Development Ordinance.
3.21.3 Filing of Appeal; Effect of Filing
(A) An appeal to the Zoning Board of Adjustment may be brought by any person, firm, corporation, office, department, board, bureau or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal. (renumber (B) etc)
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item 13B-2 Grammatical Errors and References AND IMAGES |
Proposed Text
- Section 4.4.4(E) – Variances
No variance shall be granted that modifies the width of the buffer, or the amount or type of vegetation required under this Section, but the Town Council may grant modifications to these requirements in some circumstances (see paragraph (D)(2) (D3) above).
- References to General Statutes
- For consistency in form, change all references to the NC General Statutes to “G.S”.
- Add “State Law Reference Table” at end of Ordinance
- Replace Illegible Images Parking Lot Landscaping [Note 4 from existing image added to Section 7.2.6(A)(9)]
7.2.6(A) (9) All planting medians and/or islands in vehicular use areas shall be at least ten (10) feet long by ten (10) feet wide from back of curb to back of curb, with a minimum of three hundred (300) square feet of space per upper-story tree where these trees are proposed consistent with 7.2.4(E) above. This dimension must be measured from the back of the curbs. Linear planting strips between the lengths of parking isles are strongly encouraged rather than numerous small one (1) tree islands. If a linear strip is used, fifteen (15) shrubs per 100 linear feet must be planted in addition to the required trees.
- Section 7.8.2(C)(8) – Residential Off-Street Parking
b) All parking required by Table 7.8-1 shall be located directly at the dwelling unit for which the parking is intended, or not less more than 200’ feet away from the dwelling unit. Adequate off street pedestrian access shall be provided between the required parking space(s) and the dwelling unit. With appropriate justification, this distance may be increased by the Planning Director
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item 13B-3 Building Permit requirements for retaining walls |
Background Section 7.2.7(C) provides landscape requirements for certain fences and walls, and also includes a statement regarding when building permits are required for certain walls. Staff proposes to remove the reference to building permits. The permitting requirements are part of the ICC Building Code and are included in the LDO for information only. The current Ordinance is in conflict with the ICC Building Code, which was revised effective January 1, 2007, to decrease the height of retaining walls requiring permits. Elimination of this statement in the LDO will eliminate the potential for inconsistency in the event that the ICC is changed in the future.
Proposed Text
7.2.7(C) Landscaping and Screening of Fences and Walls
(3) A building permit shall be obtained for walls 60 inches in height or higher.
(4) (3) A fence permit shall be obtained for fences adjacent to thoroughfare or collector street right(s)-of-way.
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ITEM 13B-4 PROHIBITED USES |
Background Staff recommends the following amendments to clarify that uses prohibited or restricted by the LDO are not eligible to be considered as unlisted uses.
Proposed Text
5.1.5 Unlisted Uses
When application is made for a particular use category or use type that is not specifically listed in Section 5.1 and that is not otherwise prohibited or restricted by this Ordinance, the procedure set forth in Section 12.3.1(C) for considering unlisted uses shall be followed.
12.3.1(C)(1) Procedure for Approving Unlisted Uses
Where a particular use category or use type is not specifically allowed under this Ordinance and is also not prohibited or restricted by this Ordinance, the Planning Director may permit the use category or type upon a finding that the criteria of subsection (2) below are met. The Planning Director shall give due consideration to the intent of this Ordinance concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.
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ITEM 13B-5 Location of Accessory Buildings, Structures or Vehicles |
Background Staff recommends the following amendment to provide consistency between this section of the ordinance and section 7.2.3 of the LDO.
Proposed Text
5.3.2 (D) Location of Accessory Buildings, Structures, or Vehicles
(2) Unless otherwise specified, an accessory structure or vehicle shall not be located
within a required front setback, the corner side setback, or within five (5) feet of the rear
or side lot lines. Any accessory structure shall be located at least ten (10) five (5) feet from the edge of a required buffer. Accessory uses and structures may not encroach into any easements, but may directly abut easements.
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ITEM 13B-6 SEVERABILITY CLAUSE |
Background The proposed amendment would clarify applicability of the Severability Clause to Chapter 9 (Signs) of the Land Development Ordinance.
Proposed Text
1.9 Severability
If any court of competent jurisdiction invalidates any provision section, subsection, sentence, clause, phrase, word or portion (‘portion’) of this Ordinance, then such judgment shall not affect the validity and continued enforcement of any other provision portion of this ordinance and all remaining portions shall remain in full force and effect. If any court of competent jurisdiction invalidates the application of any provision portion of this Ordinance, then such judgment shall not affect the application of that provision portion to any other building, structure, or use not specifically included in that judgment. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval or the approval of a request for rezoning to a conditional use district, then such judgment shall not affect any other conditions or requirements attached to the same approval which are not specifically included in that judgment. Severability is expressly intended throughout and within the provisions of Chapter 9 even if such severability would result in a situation where there would be less speech, such as by subjecting previously exempt signs to that chapter. Without diminishing or limiting in any way the declaration of severability set forth above, if any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other section, subsection, sentence, clause, phrase, word or portion of this Ordinance that pertains to prohibited signs, including specifically the prohibition on off-site signs and those signs and sign-types prohibited and not allowed under section 9.4 of this Ordinance.
