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Minutes - 19840604
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Minutes - 19840604
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6/4/1984
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Minutes
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2 ~~ i <br />5 <br />duplex dwellings unless expanded by 50$ in square footage or extended onto an <br />adjacent lot. <br />Smith summarized the changes recommended by the Planning Board. <br />Gledhill noted .that the recommendations made by the Planning <br />Board were included in the copy he distributed. The only other changes were <br />in form and cJ,.arification and not in intent. <br />tlotion was made by Commissioner Marshal]., seconded by <br />Commissioner Whitted that the proposed amendments to Articles a and 6 of the <br />Zoning Ordinance as presented by the attorney be approved. <br />Chair Willhoit announced that this was not a public hearing. The <br />following people voiced opposition: (1) James Freeland, John Dear, Fred <br />Dear, Curtis Bain, Setty PTann, Jim Poris and Henry Whitfield, David Smudski. <br />Mary Ellen Priestly who owns 32 acares on NC86 along both sides of the <br />corridor spoke in favor of the proposal. <br />Chair Willhoit explained that the ordinance does not apply to the <br />area that is in Hillsborough's extraterritorial jurisdiction, and does not <br />apply to single or two family dwellings. Only single or two family dwellings <br />could be built within the 100 foot buffer. <br />Commissioner P~?arshall pointed out that the same restrictions <br />contained in Orange County's T•lajor Transportation Corridor have been approved <br />in Durham County, Durham City and Wake County. The restrictions are <br />necessary to dq the most for the future development of our County. <br />Commissioner Lloyd noted that Orange County has not had any <br />industrial growth and feels industry wants to locate on a major highway so <br />they are in view of the traveling public. He expressed disagreement with the <br />proposal stating it unnecessary and over regulatory. <br />Commissioner Willhoit noted the aesthetics along a major <br />thoroughfare to be a plus in attractinc high quality industry. <br />VOTE: Ayes, 3; Noes, 2 ([)alker and Lloyd) <br />4. Proj~osed Text A=meg~m~p~g _~~ Articlg 9 and 22 Assor_iatPr3 wi _r h <br />MTC Proposal (see file ir. the permanent file) <br />t•Zotion was made by Commissioner Whitted, seconded by Commissioner <br />Marshall to adopt the proposed amendments to Article 9 Signs and Article 22 <br />definitions of the Zoning Ordinance to provide for the establishment of the <br />additional signage requirements applicable within the Major Transportation <br />Corridor overlay district. <br />Those speaking in opposition of these proposed text amendments <br />were ,Tames Ray FreelanG, Chuck Pfiller, Dick Knight, John Hogan, and Betty <br />Mann. <br />Commissioner Lloyd requested Gledhill to speak to the legal <br />ramifications of this ordinance. Gledhill noted that outdoor advertising <br />signs along T-S5 which are properly permitted by the North Carolina <br />Department oz Transportation will need to be purchased by the County if the <br />County reciuires their removal. The Board can zone on aesthetics alone <br />provided the regulations are reasonably necessary to promote the purpose <br />sought and that they do not interfere with a property owner's right to use <br />his or her property to a "reasonable degree." The court is going to uphold <br />the ordinance if it finds the public benefits exceed the private property <br />rights lost as a result of the zoning regulation. The proposed regulations, <br />in the case of outdoor advertising signs, contain an amortization provision <br />whereby the signs may remain for a period of five years. With the exception <br />of having to buy the signs in artier to have them removed at the end of a five <br />va:tr nF„- ~ n~7, [;l ar',h; l l ~ S oni.n%on is there i s no constitutional or statutory <br />
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