Agenda - 08-04-1997 - 8o - Laserfiche WebLink

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3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE Economic Development Districts Design Manual REFERENCE: Article 2.2 - Permitted Uses(Existing Residences) ORIGIN OF AMENDMENT: X Staff Planning Board BOCC X Public Other: STAFF PRIORITY RECOMMENDATION: _X_High Middle Low Comment: PUBLIC HEARING DATE: May 27, 1997 PURPOSE: To allow existing residences as a Permitted Use in all Economic Development Districts. IMPACTS AND ISSUES: According to the permitted use table contained in the Economic Development Districts (EDD) Design Manual,residential uses are not permitted in the Primary Development Area, with the exception of the Primary Overlay at the I-40/Old NC 86 EDD. When the Economic Development Districts were adopted, existing residences in the Primary Development Areas became non- conforming,that is, uses that were lawful,but are now prohibited under current zoning regulations. Such non-conforming uses are controlled by Article 11 of the Zoning Ordinance which states, "Uses of land which do not conform to the requirements of this ordinance or amendments to it may not be enlarged or expanded;neither shall the use be intensified,nor altered, except in conformance with this ordinance." Because the Primary Development Areas were established for a wider range of more intensive non-residential uses, new residential development is prohibited. However, the proposed amendment would allow existing residents of the Primary Development Areas who choose to continue to live there some latitude in terms of compliance with the ordinance. For example, under Article 11.9, additions to a residence and accessory uses such as a storage shed would not be allowed. If a residence in the Primary EDD is damaged or destroyed, it cannot be replaced without a changing the use of the property to a use permitted in the district. Furthermore, if a current resident/owner chose to move out of the EDD, and the residence were