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55 <br /> PROPOSED ORDINANCE AMENDMENT <br /> ORDINANCE: ZONING ORDINANCE <br /> Economic Development Districts Design Manual <br /> REFERENCE: Article 2.2 - Permitted Uses (Existing Residences) <br /> ORIGIN OF AMENDMENT: _X_Staff Planning Board <br /> BOCC X Public <br /> Other: <br /> STAFF PRIORITY RECOMMENDATION: _X_High Middle Low <br /> Comment: <br /> PUBLIC HEARING DATE: May 27, 1997 <br /> PURPOSE: <br /> To allow existing residences as a Permitted Use in all Economic Development Districts. <br /> IMPACTS AND ISSUES: <br /> According to the permitted use table contained in the Economic Development Districts <br /> (EDD) Design Manual, residential uses are not permitted in the Primary Development <br /> Area, with the exception of the Primary Overlay at the I-40/Old NC 86 EDD. When the <br /> Economic Development Districts were adopted, existing residences in the Primary <br /> Development Areas became non-conforming,that is, uses that were lawful,but are now <br /> prohibited under current zoning regulations. <br /> Such non-conforming uses are controlled by Article 11 of the Zoning Ordinance which <br /> states, "Uses of land which do not conform to the requirements of this ordinance or <br /> amendments to it may not be enlarged or expanded; neither shall the use be intensified, <br /> nor altered, except in conformance with this ordinance." Because the Primary <br /> Development Areas were established for a wider range of more intensive non-residential <br /> uses, new residential development is prohibited. However, the proposed amendment <br /> would allow existing residents of the Primary Development Areas who choose to <br /> continue to live there some latitude in terms of compliance with the ordinance. <br /> For example, under Article 11.9, additions to a residence and accessory uses such as a <br /> storage shed would not be allowed. If a residence in the Primary EDD is damaged or <br /> destroyed, it cannot be replaced without a changing the use of the property to a use <br /> permitted in the district. Furthermore, if a current resident/owner chose to move out of <br /> the EDD, and the residence were vacant for more than 180 days, it could no longer be <br />