Orange County |
Code of Ordinances |
Chapter 38. ZONING |
Article XVII. NEIGHBORHOOD DISTRICTS |
Division 2. NC NEIGHBORHOOD CENTER |
§ 38-1734. Site development standards.
Except as otherwise provided in this section, the site and building requirements shown in article XII of this chapter shall apply to all development within the NC district.
(1)
Architectural design requirements. Development shall conform to the architectural standards and guidelines for commercial buildings and projects, chapter 9, article XIII; of this Code.
(2)
Density and intensity standards. The following density and intensity standards shall apply to all development within the NC district.
a.
Floor area ratio shall not exceed 2.0.
b.
The maximum residential density shall not exceed forty (40) units per acre.
(3)
Circulation, access, and parking.
a.
Pedestrian and bicycle circulation. Pedestrian and bicycle circulation within the NC district shall be designed to accommodate pedestrians and bicyclists in a safe and convenient manner on development and redevelopment sites.
1.
Notwithstanding the land use or uses on a development or redevelopment site, the pedestrian circulation requirements of section 38-833 shall apply to all uses and buildings except single-family detached residential uses.
2.
Nonresidential development sites with multiple buildings shall provide pedestrian walkways that connect all buildings at their primary entrances.
3.
The land between a building and the street must be landscaped and contain appropriate pedestrian amenities at a ratio of one pedestrian amenity per fifty lineal feet of lot width. Pedestrian amenities shall be weather-protected by roofing, shading or landscaping, shall be of endurable materials suitable for outdoor locations, and shall be free of commercially-oriented language and graphics. Appropriate pedestrian amenities shall be defined as drinking fountains, public benches or planters that provide permanent seating areas, covered trash receptacles that are not dumpsters, cabinet-style display areas for community bulletins, decorative patterned and textured paving in pedestrian circulation areas, outside seating areas for restaurants consistent with the requirements of section 38-79, and public art in the form of murals or sculpture reflecting community themes and completed by community-based organizations or professional artists. Exclusively residential developments are exempt from this requirement.
b.
Access management. Cross-access and access management shall be required during the development review process to maintain an effective and efficient roadway system and a safe environment for pedestrians and bicyclists.
1.
Commercial site plans shall depict stub-outs to adjacent parcels to accommodate future development or redevelopment activity and shall be reviewed by the county engineer. Where stub-outs are adjacent to parcels for which commercial site plans are under review, these plans shall depict connections to existing stub-outs. With these connections, commercial site plans are exempt from the landscaping requirements of section 24-4(a)(2).
2.
Developments that use shared driveways between adjacent parcels may be permitted to reduce fifteen (15) percent of the total off-street parking required on both parcels as specified in section 38-1476. This incentive may not be combined with any other off-street parking reduction specified in this section.
3.
Consistent with the intent of this section, access management shall not be pursued using street closures or cul-de-sacs.
4.
Waivers from these regulations shall be addressed by the development review committee (DRC).
c.
Parking. Parking facilities and ratios within the NC district shall be designed to avoid disruption of the urban development pattern with parking areas and to promote safe and convenient pedestrian access and circulation. Parking shall be consistent with the requirements of article XI of this chapter and the landscaping requirements of chapter 24, with the following exceptions:
1.
A fifteen (15) percent increase to the criteria established for the calculation of the minimum parking requirements specified in section 38-1476 shall be considered the maximum parking allowable on a development site.
2.
Parking areas in front of buildings shall be limited to one aisle of parking spaces, with additional required parking to be provided on the side or rear of buildings or in shared parking areas.
3.
Sharing of off-street parking between land uses shall be encouraged by reducing the total number of parking spaces required for all land uses by fifteen (15) percent. This incentive may not be combined with any other off-street parking reduction specified in this section. Notwithstanding the total number of spaces required, other provisions for shared parking specified section 38-1478 shall apply to shared parking. Additional parking reductions may be available upon submittal of a parking study by a qualified transportation engineer to the zoning manager demonstrating no adverse impacts to the surrounding area from parking reductions and demonstrating consistency with shared parking methodologies available from the Urban Land Institute. The zoning manager must approve any additional proposed reductions in parking.
4.
To encourage the development of mixed uses within buildings, the parking requirements of section 38-1476 shall be reduced by twenty (20) percent for buildings containing a mix of commercial, office, and residential uses, provided the building has at least twenty (20) percent of each use represented as a principal use and that the commercial use does not occupy more than sixty-five (65) percent of the gross floor area of the building. This incentive may not be combined with any other off-street parking reduction specified in this section.
5.
To promote the use of alternative modes of transportation in a manner compatible with an urban development pattern, a minimum of two bicycle parking spaces shall be provided where ten (10) or more vehicular parking spaces are required, with additional bicycle parking spaces required at a ratio of one bicycle parking space for every ten (10) vehicular parking spaces. No more than fifteen (15) bicycle spaces are required in any case.
(4)
Stormwater management.
a.
The design and construction of stormwater management systems within the NC district shall be in accordance with the chapter 34 of this Code and shall be reviewed by the county engineer. The stormwater management system shall be consistent with applicable master plans or special area studies and designed as an amenity where feasible.
b.
The county shall encourage property owners to prepare stormwater master plans for multiple properties containing at least one acre and/or provide shared retention. In addition, individual property owners shall be encouraged to aggregate multiple properties into building sites containing a minimum of one acre for the purpose of providing stormwater management for the entire site. Such properties may be resubdivided into individual lots with a common stormwater management system subject to meeting all other applicable requirements.
c.
A minimum of one (1) tree and five (5) shrubs shall be required for each one hundred (100) linear feet of stormwater management area edge. The plantings shall be chosen and located along the edge of the stormwater management area in accordance with approved planting species and requirements of chapter 24 of this Code. Waivers from this section shall be in accordance with chapter 24 of this Code.
d.
A stormwater management system shall count towards the overall amount of required open space if it is designed as an amenity with approved additional plantings over the minimum requirements specified in (3) above.
e.
Waivers from these regulations shall be addressed by the DRC.
(5)
Open space.
a.
Open space shall be provided as follows in the NC district:
1.
Residential: Twenty-five (25) percent of the total lot coverage.
2.
Nonresidential: Twenty (20) percent of the total lot coverage.
3.
To encourage the development of mixed uses within buildings, the open space requirements of shall be reduced to fifteen (15) percent for buildings containing a mix of commercial, office, and residential uses, provided the building has at least twenty (20) percent of each use represented as a principal use and that the commercial use does not occupy more than sixty-five (65) percent of the gross floor area of the building.
b.
Open space areas shall have a minimum dimension of five (5) feet in any direction and a minimum area of fifty (50) square feet. Open space shall have a minimum dimension of ten (10) feet in any direction and a minimum area of one hundred (100) square feet for lots over three (3) acres in size.
c.
Waivers from these regulations shall be addressed by the DRC.
(6)
Landscaping and streetscaping.
a.
Landscaping within the NC district shall be consistent with the requirements of chapter 24 of this Code, except as otherwise provided in this section.
b.
Planters at seat height or approximately two (2) feet in height shall be required along front and side yards every 30 linear feet.
c.
Buffers shall be required between NC uses and NR and all other residential uses. The buffer classification shall be a Type B, opaque buffer as defined in section 24-5(a)(2), except it shall be a minimum of seven (7) feet wide.
d.
Streetscaping. Reserved.
e.
Waivers from these regulations shall be addressed by the DRC.
(7)
Fencing. Fencing and walls shall meet current standards in accordance with section 38-1408.
a.
Temporary or permanent signage on fencing shall be prohibited.
b.
Notwithstanding the landscape and buffer requirements of chapter 24 of this Code, chain link fencing along front and side property lines shall be vinyl coated and screened by a landscape buffer. The landscape buffer shall be a minimum of five (5) feet in width and shall include a continuous hedge, a minimum of thirty-six (36) inches in height, and canopy trees planted an average of forty (40) feet on center. Canopy trees shall be in accordance with chapter 24 of this Code.
c.
Barbed wire and razor wire are prohibited on fencing or other structures.
d.
Fence or wall material shall not extend for a length of twenty-five (25) feet without a two (2) foot wide column break and/or a two (2) foot depth or height change(s). This standard does not apply to chain link fencing.
c.
Waivers from these regulations shall be addressed by the DRC.
(8)
Site plan. Each application for a land use and building permit shall be accompanied by a site plan that complies with the regulations established herein. The site plan shall be drawn to scale indicating the acreage of the property under review, the property's parcel tax ID number, property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. The site plan shall be submitted to and approved by authority and directive of the planning and zoning commission prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by authority and directive of the planning and zoning commission.
(9)
Variances and appeals. A person may seek a variance or appeal from the provisions of the NC district or from a decision or determination of the zoning manager pursuant to the variance and appeal procedures and standards of chapter 30 of this Code, unless otherwise provided for elsewhere in this Code. Variances and appeals from the signage standards of the NC district shall be reviewed based on the additional criteria specified in section 31.5-8.
(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2015-17 , § 30(d), 9-22-15; Ord. No. 2016-19 , § 45, 9-13-16)