Agenda - 02-03-1986 - Laserfiche WebLink

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Orange County Board of Commissioners Page Three January 20 , 1986 everywhere which uses are listed in Section 4. 1 of the ordinance, a copy of which section is also attached. The above facts raise the following issues: 1. Is the property located in the BH-1, Adam and Eve Rural Neighborhood Activity Node, which is zoned GC-4, properly zoned? Is it illegally zoned? 2. How much, if any, additional commercial property can be located in that activity node under the County's current zoning ordinance? 3. Is the specific intended use, as stated by an applicant, an appropriate thing for the Planning Board or the Board of County Commissioners to consider in a zoning change application? 4. Does the list of uses permitted in LC-1 and NC-2 districts include the operations of the applicant (P & S Sporting Goods, Inc. , P & S Sales and Adam and Eve) ? _ 5. What can and should be done about all of the above? My opinion with respect to each issue stated above follows: 1. All property located within the BH-1 , Adam and Eve Rural Neighborhood Activity Node, which is zoned GC-4 , is zoned improperly. It is not, however , zoned illegally. The GC-4 zoning district is a district which is only permitted in Eno and Hillsborough Townships. All property zoned GC-4 and located outside of Eno and Hillsborough Townships is improperly zoned. The fact that property is improperly zoned, however, does not mean that it is illegally zoned. County ordinances are presumed to be valid until they are held by a court of law to be invalid. Whether the improper zoning designations in question here can be invalidated depends on more than their appropriateness. Statutes of limitations, for example, could affect whether or not an improper zoning designation can be invalidated.