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3 <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(EDD) <br /> Design Manual,residential uses are not permitted in the Primary Development Area, with the <br /> exception of the Primary Overlay at the I-40/Old NC 86 EDD. When the Economic Development <br /> Districts were adopted,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 <br /> for a wider range of more intensive non-residential uses,new residential development is <br /> prohibited. However, the proposed amendment would 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 /> For example,under Article 11.9,additions to a residence and accessory uses such as a storage <br /> shed would not be allowed. If a residence in the Primary EDD is damaged or destroyed,it cannot <br /> be replaced without a changing the use of the property to a use permitted in the district. <br /> Furthermore, if a current resident/owner chose to move out of the EDD,and the residence were <br />