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COLEMAN, BERNHOLZ, D,ICKERSON, <br /> BERNHOLZ, GLEDHILL 8c HARGRAVE 13L <br /> - <br /> (-ATTORNEYS AT LAW <br /> • CHURTON STREET <br /> ...ILLSBOROUGH,N.C.27278 <br /> M9-732-MN <br /> 919-94 -8000 <br /> CHAPEL HILL OFFICE <br /> SUITE 20.FRANKLIN BUILDING <br /> 137 E.FRANKLIN STREET <br /> CHAPEL HILL,N.C.27514 <br /> 919-929.7/51 October 18, 1985 - <br /> ALONZO B.COLEMAN,JR. <br /> STEVEN A.BERNHOLZ <br /> DONALD R.DICKERSON <br /> ROGER B.BERNHOLZ <br /> GEOFFREY E.GLEDHILL <br /> DOUGLAS HARORAVE <br /> MARTINJ.EMMiHM.Z <br /> RICHARD J.SNIDER,JR. <br /> JANE G.de LISSOVOY <br /> G.NICHOLAS HERMAN Marvin Collins <br /> LYNN A.ANDREWS - Orange County Planning Director <br /> cicounsel <br /> BONNER SAWYER <br /> Orange County Planning Department <br /> D. <br /> M02-1974 196 E. Margaret Lane <br /> Hillsborough, North Carolina 27278 <br /> • <br /> Re: Storage of junked or wrecked motor vehicles <br /> Dear Marvin: <br /> This letter confirms our conference on October- 8th <br /> related to the changes needed in Orange County's Zoning <br /> Ordinance in order to regulate the storage of junked or <br /> wrecked motor vehicles. Changes are necessary because <br /> J0dge Paschal, in the criminal prosecution of Mr. <br /> Pratt, who was charged with violating the County <br /> ordinance prohibiting storage of junked or wrecked <br /> motor vehicles in a residential district, found the <br /> ordinance provision unconstitutional. In that regard <br /> it is important to note that Judge Paschal upheld <br /> Orange County's power to regulate the storage of junked <br /> or wrecked motor vehicles in residential districts <br /> • through the use of a zoning ordinance. This <br /> notwithstanding other statutory authority empowering <br /> the state and counties to remove and dispose of <br /> abandoned and junked motor vehicles. <br /> Judge Paschal ruled that the definition in the <br /> Orange County ordinance of a junked or wrecked motor <br /> vehicle was too broad. It would, for example, make <br /> unlawful the storage of an operable vehicle properly <br /> licensed and registered under the laws of some state <br /> other than North Carolina. Judge Paschal also <br /> eXpressed concern about the fact that a garaged or <br /> otherwise enclosed vehicle which meets the definition <br /> of junked or wrecked under the ordinance would violate <br /> the ordinance if the vehicle were so stored in a <br /> residential district. <br /> • <br /> I recommend we address these concerns by amending <br /> the definition of junked or wrecked motor vehicles <br />