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Agenda - 06-07-2016 - 5-g - Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule – Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
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Agenda - 06-07-2016 - 5-g - Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule – Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
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BOCC
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6/7/2016
Meeting Type
Regular Meeting
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Agenda
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5g
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Minutes 06-07-2016
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\Board of County Commissioners\Minutes - Approved\2010's\2016
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4 <br /> nonconformities, including the location of required land use buffers and septic area <br /> supporting non-residential land uses. <br /> This item is in response to previous requests made by Commissioner(s) McKee and <br /> Pelissier. <br /> Please note there will similar efforts within the remaining townships in the near <br /> future. <br /> 2. Analysis <br /> As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br /> `cause an analysis to be made of the application and, based upon that analysis, <br /> prepare a recommendation for consideration by the Planning Board and the Board of <br /> County Commissioners'. <br /> Over the years there has been different methodologies employed by former planning <br /> staff and the County Attorney related to the establishment of general use zoning <br /> district boundaries, most notably those associated with Existing Commercial (EC-5) <br /> zoned parcels. <br /> In many instances zoning district boundaries were drawn in a manner that only <br /> encompassed the actual land use (i.e. building and parking area) while excluding <br /> other required areas, most notably septic fields and land use buffers. <br /> The County had previously processed a request for Mr. Vernon Davis to rezone a <br /> portion of his property off of NC Highway 54 West to address this very issue. In this <br /> instance the septic area, used to support non-residential activities, was located on a <br /> portion of the property zoned residential. Land use regulations do not allow for <br /> residentially zoned property to be used in support of non-residential activities. <br /> As a result, Mr. Davis could have been prevented from completing required <br /> improvements to the existing septic system due its location. The County rezoned the <br /> portion of the property supporting the septic system to address this concern. Minutes <br /> from the May 24, 2010 Quarterly Public Hearing where this item was reviewed can be <br /> viewed at: http://server3.co.orange.nc.us:8088/weblink8/0/doc/18759/Pagel.aspx. <br /> Staff has been, and will continue to, work with numerous property owners whose <br /> existing non-residential zoning boundaries do not fully capture the necessary land <br /> area allowing the use to be considered conforming and/or prohibiting expansion. <br /> This proposal seeks to modify zoning district boundary lines to ensure all elements of <br /> the non-residential land use are located within the appropriate general use zoning <br /> designation. <br /> This process is voluntary meaning zoning district boundaries are being modified only <br /> with the full understanding and approval of the property owner(s). <br /> It should be noted there are existing non-residential general use non-residential <br /> zoning district designations that exist in contradiction to the adopted Comprehensive <br /> Plan. Staff will be working to address these matters as well. <br /> 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br /> 2 <br />
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