NS ORD-1997-022 Zoning Ordinance Text Amendment EDD Design Manual Article 2.2-Permitted Uses Existing Residences

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8 According to the permitted use table in the Economic Development Districts(EDD)Design Manual,residential uses are not permitted in the Primary Development Area,except for the Primary Overlay in the 140/Old NC 86 EDD. The purpose of the Economic Development Districts is to provide locations for a wide range of non-residential uses,including light industrial,distribution,office,service and retail. Residential use is allowed in Secondary Development Areas and the Primary Overlay (applicable only in the I-40/Old NC 86 EDD),which serve as a buffer between the EDDs and adjacent residential districts. Residential use is not included as a permitted use in Primary Development Areas. The rationale for excluding residential as a permitted use was to assure that the Primary Development Areas would remain available,avoiding new residential development incompatible with non-residential development. When the Economic Development Districts were adopted,existing residences in the Primary Development Areas became non-conforming. Non-conforming uses are lawful,but may not be enlarged or modified and may not be replaced if destroyed. The proposed amendment would include existing residences as a permitted use rather than a non-conforming use in all Economic Development Districts. The change to the Permitted Use Table will not result in additional residential development which could be in conflict with the uses allowed in the EDD,since new residences would continue to be prohibited. However,it would allow existing residences to be expanded,modified or replaced, improved,or vacated in the Primary Development Areas until market forces or other factors result in conversion to a permitted non-residential use. The proposed amendment was presented at the May 27 public hearing. No comments were received from the public,the Planning Board,or the Board of Commissioners. The item was referred to the Planning Board for a recommendation to be returned no sooner than August 4,4, 1997. The Planning Staff recommends approval of the proposed text amendment. MOTION: Strayhorn moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. c) Article 2.1 Development Areas(I-85/Hwy 70 EDD) Article 3.3 Circulation and Parking(NC 751 Connector) Presentation by Mary Willis.