UDO Update

Ordinance Assessment and Proposed Revisions

Public Meeting

12/17/2020

UDO Update

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UDO Update

Introduction and Purpose

• The County is updating its land use and development regulations (aka “Ordinances” or “Unified Development Ordinance” (UDO))

• These regulations are the minimum standards for how land can be used or developed in the unincorporated County

• The purpose of this update is to • Start implementing the recommendations in the County’s recently updated Comprehensive Plan (“FranklinNext”) to achieve the vision and goals of the plan

•And align with recent changes in state statutes (Chapter 160D)

The County hired planning consultants at Stewart,

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UDO Update

General Goals of the Ordinance Update

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UDO Update

General Project Goals

• Modernize/reorganize the UDO

• Clarify and update definitions

• Transparency and public awareness during the update process

• Implement FranklinNext Comprehensive Plan recommendations

• Maintain consistency with state statutes (ex. NC G.S. § 160D)

• User-friendly and more usable

• Coordinate zoning district and zoning map updates

• Limit the creation of nonconformities (although some will occur)

• Support the character areas and other recommendations from the Comprehensive Plan

• Ensure that existing crossroads can continue to thrive4

UDO Update

Comprehensive Plan Guidance

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UDO Update

FranklinNext Comprehensive Plan Recommendations

•Amend UDO so that it is more user-friendly

•Update zoning districts to implement plan recommendations• Simplify and consolidate zoning districts

• Review residential zoning districts • Review housing regulations to allow aging-in-place

• Encourage development into areas that support existing communities 6

UDO Update

FranklinNext Comprehensive Plan Recommendations

•Review airport buffer area regulations to ensure continued operational viability

•Respect agricultural areas and protect them from inappropriate development

• Improve connectivity within and between neighborhoods to disperse traffic

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UDO Update

FranklinNext Comprehensive Plan Recommendations (cont’d)

• Increase open space requirements and develop conservation design standards

•Examine the potential for entry corridor overlay districts on US1 and US401

•Encourage broadband access

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UDO Update

Project Details

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UDO Update

The Stewart Team

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Franklin Co. Planning

Dept.

Steering Committee

Technical Advisory (Staff)

Andrea RadfordCaroline Richardson

Jay McLeod, AICPChad Sary, AICP, CFM

UDO Update

The Steering Committee

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•County staff, elected and appointed board members, and community members that oversee, review, and comment on all aspects of the UDO update

• Local knowledge and perspective

UDO Update

Public Involvement

•Comprehensive Plan guidance

• Focus group interviews (10/08) with representative stakeholders to gather local perspective and initial guidance• Engineers, developers, conservation and agriculture, staff and regional planners, economic development, local business owners, and property owners

•Open public meetings to rollout interim working deliverables for public review and comment

•Adoption hearings are also public meetings and open for comment

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UDO Update 13

UDO Update

NC General Statutes Chapter 160D:

The “New” StateZoning-enabling Legislation

(It’s not really new - the state legislature just reorganized and clarified the laws that allow local governments to regulate land use and

development)

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UDO Update

The Chapter 160D Update to the UDC

• The state legislature has updated the statewide zoning-enabling legislation

• Chapter 160D consolidates and clarifies local land use regulation

• This is a mandatory update for all counties, towns, and cities.

• Currently effective, but deadline for compliance is 07/01/2021

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UDO Update

Decision Types for Development Review

• Administrative – An objective decision in the regulation or enforcement of development regulations. Includes most permits and administrative decisions.

• Legislative – A general policy decision to adopt, amend, or repeal a law or ordinance. Includes rezonings and ordinance amendments.

• Quasi-judicial – A subjective, discretionary decision based on evidence presented regarding a specific application of a development regulation. Includes legal-style hearings where decisions are based on expert testimony.

Public

Participation

Predictability

(for

Applicant)

Private-

Sector

Expense/Ris

k

Local

Discretion

Administrativ

e

Low/None High Low Low/None

Legislative High Medium Low/Mediu High

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UDO Update

What Else Does Chapter 160D Affect?

•Untangles legislative and quasi-judicial procedures•Conditional Zonings are now strictly legislative

• Standardizes review procedures

• Ensures all decisions follow a clear path of review•Disallows fuzzy, quasi-judicial administrative decisions

•Helps ensure due process for applicants

•Maintains relief for appeals of decisions and/or ability to locally vary standards when necessary and appropriate

• Restrictions on imposing unlawful conditions 17

UDO Update

General Revisions

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UDO Update

Reorganization

UDO articles will be reorganized, consolidated, and reformatted to be more user-friendly and easier to navigate

5: Zoning Districts6: Design

Standards7: Subdivision8: Signage9: Natural

Resources10: Definitions

Administration & Regulation

Standards & Design Criteria

1: Establishment

2: Nonconformities

3: Enforcement

4: Review Procedures

New Structure and Format:

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Reorganized and Readable

Existing (old) ordinance

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New ordinance

UDO Update

Proposed Revisions: Article-by-Article

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UDO Update

1ArticleEstablishment and Administration

• Performance Guarantees• Include provisions for type, use, and amount

consistent with state statutes• Transition approval and monitoring to a

staff-level, administrative function

• Transitional Provisions• Conditional Use Permits → Special Use

Permits• Planned Developments and Conditional Use

Districts → Conditional Zoning Districts

• Review Bodies• Review membership requirements to better

reflect best practices and state requirements

• All must take oath of office• Update conflict of interest standards• Add Technical Review Committee

requirements

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UDO Update

2ArticleNonconformities

• Develop standards for each type of nonconformity• Lots• Uses• Structures• Site elements

• Remove inconsistencies and conflicting standards

• Establish abandonment/vacancy standards

• Prohibit changes from one nonconforming use to another

• Remove references to “nonconforming projects, as this is better handled through a vested rights determinationMaintain allowances for single family

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UDO Update

3ArticleEnforcement

•Decisions regarding development approvals should be written

• Permit Revocation• Provide for abatement in cases of “substantial departure” from plans

• Stop Work Orders• Formalize section and requirements

• Specify terms of application• Specify delivery criteria

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UDO Update

4ArticleClarify Review Procedures (per Chapter 160D)

•Clearly distinguish between the three allowable types of land use and development review procedures, per Chapter 160D: Administrative, Legislative, and Quasi-judicial

Administrative

Board of

Adjustment Planning Board BOCC

Zoning Permits VarianceRezoning - review

(conventional and

conditional)

Rezoning -

decision(conventional and

conditional)

Subdivisions and Plats

Administrative Appeal

Ordinance Amendment -

review

Ordinance Amendment -

decision

Admin.

Amendment and Conditional Use

Site PlansSpecial Use

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4ArticleReview Procedures

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•Development review simplified

•Common review procedures consolidated

•Review Authority Table standardized

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4ArticlePublic Noticing and Vested Rights

• Public Notice Levels•Mailed, published, and posted notice

• Ensure consistency with state requirements

• Establishment of Vested Rights• Specify approvals that qualify• Ensure consistency with state standards• Default – 1 year• Building Permit – 6 months• Phased Plan – 2 to 5 years

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UDO Update

5ArticleSimplifying Residential Districts

• Residential Districts

• Retain the Agricultural Residential (AR) district

•Combine the rural residential districts: R-1, R-30, and R-40 into one district• Base standards using current R-30

district

•Combine R-8 and R-15 districts• This district will require utilities – i.e.

water and sewer service28

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5ArticleDrinking Water Protections

•Water Supply Watershed Districts are state-imposed development restrictions to protect public drinking water supply intakes•Convert current watershed protection districts to overlay

• Keep R80 as the base district

•Continue to restrict impervious surfaces anddensity

Water Supply Watersheds

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UDO Update

5ArticleSimplifying Commercial Districts

•Combine Rural Business (RB) and Neighborhood Business (NB)

•Combine Highway Business (HB) and General Business (GB)• Incorporate office/institutional uses

• Possibly establish dimensional controls for lower intensity commercial districts• Limit building footprint, height, etc. • Ex. – “X use is allowed at up to

Y,YYY sqft of structure or operations”

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5ArticleBoutique Districts Reassigned

• Relocate Office/Institutional (O/I) uses into other districts

•Combine existing O/I district with Highway Business

• Expand retail, services, and offices in Highway Business district

• Traditional Neighborhood Development (TND) district is not functioning properly

•A true TND has a vertical mix of uses, which is inappropriate and unfeasible in most parts of the unincorporated county

•Will realign to a Conditional Zoning option

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UDO Update

5ArticleClarifying “Mixed Use”

•Mixed-use District• “Mixed-use” is intended for a vertical mix of uses in the same structure (e.g., first floor retail and upper stories as residential)

•Currently this district is only used to develop cluster subdivisions or conventional subdivisions

• Some uses/standards will be incorporated into Highway Commercial, and the remainder will be available though Conditional Zoning 32

UDO Update

5ArticleIndustrial Uses

• Evaluate Light Industrial district

• Least noxious uses can be in a commercial district with appropriate design standards to mitigate negative impacts

• Special Use Permit required for more heavy uses

•Very noxious uses kept in Heavy Industrial

•Mandate Conditional Zoning for the most undesirable uses (like landfills, quarries, adult establishments,

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UDO Update

5ArticleOverlay Districts

• Create a highway overlay district on Hwy 1 and 401• Nonresidential architectural and

design/materials standards• Increased setbacks, landscaping, and

appearance standards• Strengthen driveway access standards

• Customized Lake Royale overlay district• Match to current standards existing on-

site, esp. impervious surface limitations, setbacks, etc.

• Minimize nonconformities• Possibly restrict future subdivisions• Essentially a neighborhood preservation

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UDO Update

5ArticleConditional Zoning (CZ)

•CZs used to restrict uses for selected upzonings

• Planned Unit Development district realigns to CZ process• PUDs are mostly being used to reduce setbacks and not add value

•Use CZs to cover uses not in Table of Permitted Uses (TOPU)• Ex - to properly locate and design undesirable uses such as quarry, landfill, adult establishment, junkyard, etc.

Rezoning

Request

Conventional

Rezoning

Conditional

Rezoning

Staff Review

Planning Board Review

BOCC Decision

Conventional

Zoning District

Established

Conditional

Zoning District

Established

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UDO Update

5ArticleConditional Zoning (CZ)

•Allow rezoning to an established conventional district but applicant lists which uses from that district will be further restricted and any design criteria that may be added for buffering or mitigation of potential negative impacts

•Allows applicant to tailor district to their needs

•Adds comfort and security for neighbors

•A site plan will be required when a use is not listed in the Table of Permitted Uses 36

UDO Update

5ArticlePermitted and Conditional Uses

• Table of Permitted Uses• Replace NAICs code uses with a

more flexible, locally-tailored use table

• Tailor the use definitions to allow for appropriate levels of Administrative interpretation

• Change Conditional Uses to Special Use Permits (per Chapter 160D)

• Provide additional design criteria or mitigating design, as needed• Ex – “When located adjacent to

residential requires additional screening…”

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UDO Update

5ArticleDimensional Standards and Accessory Dwellings/Structures• Dimensional Standards Table

• Reduce residential min. front setback to 30 ft• Reduce min. lot width in rural districts to 100’• Eliminate option for zero lot line homes

• Accessory structures currently require 10’ side and rear setbacks• Review and reduce for districts with smaller side

setbacks• Review and disallow accessory structures in the

front yard• Create allowances for pools as accessory

structures with consideration for above-ground vs. below-ground pools

• Accessory Dwelling Units (ADUs)• Disallow manufactured homes as ADUs• Reduce density allowance for ADUs

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UDO Update

5ArticleMulti-family Residential and Other Uses

• Review and advise on the potential for multi-family residential in the unincorporated county• Direct multi-family residential development

into towns in order to support those communities

• Ensuring municipal services exist for higher density developments when they develop in the County

• Review standards for townhomes, especially when near schools, where water and sewer service are available

• Review standards for walkability and pedestrian infrastructure in these higher density, multi-family areas

• Other issues• Further distinguish between outdoor storage

and mini-storage/self-storage39

UDO Update

5ArticleTemporary Uses

•Evaluate and revise standards for temporary uses, especially for longer uses such as multi-day car shows, church revivals, etc.

•Continue to regulate vegetable stands and Christmas tree sales as agri-tourism or bona-fide farm operations

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UDO Update

6ArticleVehicular Impacts

• Traffic Impact Study (TIA)• Combine all sections regarding TIAs• Evaluate the threshold for TIAs

• Parking• Review and update off-street

parking requirements• Evaluate the potential for parking

maximums for nonresidential/nonindustrial uses

• Review and possibly simplify the number of uses in the parking requirements table

• Propose parking to the side or rear of buildings in appropriate

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UDO Update

6ArticleLandscaping and Screening

• Landscaping• Review standards and explore the

potential for simplification• Establish objective standards for

administrative modifications

• Review and maintain standards for retention of mature, native trees where appropriate

• Screening• Review screening requirements for

loading areas, service areas, dumpsters, work bays, etc. 42

UDO Update

6ArticleLighting and Appearance

• Lighting standards•Create easily measurable and enforceable standards for lighting and light spillover to neighboring properties

•Gas stations and storage tanks•Review standards for where and when above-ground storage tanks are allowed

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7ArticleEncourage Street Connectivity

•Cul-de-sacs •Discourage where inappropriate

•Allow where necessary

•Decrease permitted length of future cul-de-sacs

• Review standards for connectivity, including the potential for links-to-nodes ratio performance standards

• Evaluate potential standards for alley-loaded developments 44

UDO Update

7ArticleAging-in-Place and Emergency Services Provision

• Increase EMS access via public streets

• Family subdivisions•Create alternatives to family subdivisions that reduce negative impacts (unregulated subdivisions, private road maintenance issues, subsequent reduced access for emergency services, etc.)

• Retain the ability for families to stay together and care for aging members in independently-operating households

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UDO Update

7ArticleOpen Space Conservation and Broadband

•Review standards for Residential Cluster/Conservation Subdivisions•Require appropriate open space (currently 20%, moving toward 40%)•Ensure high quality, usable open spaces are reserved

•Encourage broadband access where possible

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UDO Update

8ArticleSignage Regulation

• Evaluate Signage Plan Requirements• Review multi-tenant signage standards

• Remove all content regulation• i.e. - ensure consistency with Reed v. Gilbert

• Review and expand Temporary Sign section to include clarify the permitting process and standards

•Add graphics to illustrate sign computation and types 47

UDO Update

9ArticleWater Management

• Flood Damage Prevention Ordinance• Remain consistent with state

requirements• Explore potential for increased

margin of safety

• Watershed Protection• Maintain consistency with state

statutes regarding buffers, boundaries, building restrictions, etc.

• Review Administrator duties and Watershed Review Board and update as needed

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UDO Update

10ArticleDefinitions

•Update definitions to comply with state codes and Chaper160D –e.g. dwelling, building, dwelling unit, sleeping unit, etc.

•Update definitions to match the Table of Permitted Uses

•Remove outdated or redundant definitions

•Clarify and modernize where appropriate

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UDO Update

Public Comment is Welcome

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UDO Update

Tell Us What You Think!

•Does new development in the County need more…

• Sidewalks?

• Landscaping buffers along roadways?

• Tree protection?

•Residential amenity centers with new subdivisions?

• Increased open space standards?

•Architectural standards along the major highways?

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UDO Update

For more information:

Project website: www.franklincountync.us/services/planning-

and-inspections/unified-development-ordinance-update

Or Google: “Franklin County, NC, New Ordinance Update”

Or check the Franklin County Planning Department Facebook page: www.facebook.com/pages/category/Government-

Organization/Franklin-County-Planning-Department-

580471419101685/

Or email the Planning Department: jrogers@franklincountync.us

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