Orange County NC Website
css <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: Y_Staff Planning Board <br /> BOCC 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 in the Economic Development Districts Design Manual, <br /> residential uses are not permitted in the Primary Development Area,except for the Primary <br /> Overlay at the I-40/Old 86 EDD. When the Economic Development Districts were first proposed <br /> in 1993, the Planning Board/Economic Development Commission Workgroup wanted to <br /> encourage commercial and industrial uses without eliminating residential uses. The rationale was <br /> to allow existing residences to remain while prohibiting new residential development. Upon <br /> adoption of the EDD's, existing residences in the Primary Development Areas became non- <br /> conforming,that is,uses that were lawful, but are now prohibited under current zoning <br /> regulations. <br /> Such non-conforming uses are controlled by Article 11 of the Zoning Ordinance which states, <br /> "Uses of land which do not conform to the requirements of this ordinance or amendments to it <br /> may not be enlarged or expanded; neither shall the use be intensified, nor altered, except in <br /> conformance with this ordinance."Because the Primary Development Areas were established for <br /> a wider range of more intensive nonresidential uses, it is appropriate to prohibit new residential <br /> development there. However,it is reasonable to allow existing residents of the Primary <br /> Development Areas who choose to continue to live there some latitude in terms of compliance <br /> with the ordinance. <br />