Orange County NC Website
Browse       Search
1 <br /> 89 <br /> operation was a junkyard. Willis responded that <br /> review of the evidence submitted and information <br /> on file indicated, in the Planning Staff's best <br /> judgment, that the business in operation in 1981 <br /> most closely resembled a junkyard. Brown noted <br /> that she came away from the public hearing with <br /> the feeling that a more elaborate operation was <br /> in place than simply a junkyard and she felt it <br /> was still a valuable commercial use. <br /> Rosemond asked about the implications of <br /> remaining an EC-5 district. Willis responded <br /> that the business could grow or change within the <br /> boundary of the .92 acre as any use allowed in an <br /> EC-5 district. <br /> Price asked if the business could operate as a <br /> non-conforming use with a Rural Buffer <br /> designation. Willis responded that the only way <br /> to operate as a non-conforming use with a Rural <br /> Buffer designation would be if it remained as it <br /> was in 1981. The use that is on the site now <br /> could not be considered a non-conforming use. <br /> Allison asked about determinations regarding non- <br /> conforming uses. Willis responded the Zoning <br /> Officer made those determinations and the <br /> Zoning Ordinance provides for an appeal of the <br /> Zoning Officer's decision to the Board of <br /> Adjustment. Willis continued that the Zoning <br /> Ordinance is very specific on determining what is <br /> a non-conforming use and they are all handled on <br /> a case by case basis. Waddell added that the <br /> Board of Adjustment's decision could be appealed <br /> to this judge. <br /> Brown asked if Staff's decision that the use was <br /> not a non-conforming use was appealed to the <br /> Board of Adjustment. Waddell responded that Mr. <br /> Combs appealed the Zoning Officer's order <br /> to cease and desist to the Board of Adjustment. <br /> Willis noted that was basically an appeal of <br /> the Zoning Officer's interpretation of the <br /> Ordinance that the use was a violation of the <br /> Zoning Ordinance. If it had been determined that <br /> it was a non-conforming use, it would have been <br /> able to continue. This could also have been <br /> appealed to the Courts by the neighbors. <br /> Brown indicated that the questions asked of those <br /> presenting affidavits were not specific enough. <br /> Allison expressed concern that a business was in <br /> operation that was more than a junkyard; he felt <br />