Orange County NC Website
1. This matter is remanded to the Board for further <br /> proceedings consistent with the findings and conclusions of the <br /> Court reached above and to consider any further evidence concerning <br /> the use of the property before and on September 2 , 1981 <br /> constituting Motor vehicle Maintenance and Repair or any other <br /> commercial use made permissible by Section 4 . 1 . 2 (the Permitted Use <br /> Table) of the County Zoning Ordinance on September 2, 1981 in the <br /> EC-5 zoning district. <br /> 2 . ' Any such evidence may be presented to *the Board by the <br /> applicant, the present owner, and any other person pursuant to <br /> procedures for receiving the same established by the Board as <br /> provided in the County Zoning Ordinance and otherwise by law. <br /> 3 . In the absence of any evidence to show the existence of <br /> commercial use of the property, permissible by Section 4 . 1. 2 of the <br /> County Zoning Ordinance, on September 2, 1981, presented during the <br /> further proceedings authorized by this Order, a decision by the <br /> Board to retain the EC-5 zoning classification for the property <br /> would be erroneous as a matter of law and would have to be reversed <br /> by this Court. <br /> This the L'� day of February 1995. <br /> The Hono able Donald W. Steph s <br /> Judge Pr siding <br /> 1sg\home3\11oyd.ord <br /> 4 <br />