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, <br /> • <br /> Orange County Board of Commissioners <br /> • Page Four <br /> January 20, 1986 <br /> 2. The BH-1 , Adam and Eve Rural Neighborhood <br /> Ac'Itivity Node, presently has 8 .5 acres of commercially <br /> zoned land. It is clearly the intent of the zoning <br /> ordinance that normally no more than 10 acres of <br /> commercial land should be located in this node. <br /> Assuming the land now zoned GC-4 were zoned a <br /> commercial district permitted in the node there are <br /> still available 1.5 acres that could be rezoned for <br /> commercial purposes. <br /> 3. Much of the debate that occurred in the <br /> Planning Board meeting concerning this rezoning request <br /> and the concerns expressed by members of the Planning <br /> Board had to do with the stated intended use of the <br /> property by P & S Sporting Goods, Inc. While it is <br /> appropriate for an inquiry to be made of the applicant <br /> as to the intended use of property to be rezoned for <br /> the purpose of determining the appropriateness of the <br /> zoning change or whether a zoning change is necessary <br /> at , all, it is not appropriate and, in fact, <br /> impermissible for the Planning Board and the Board of <br /> Commissioners to consider the intended use of the <br /> applicant in a request for a change of zoning not <br /> involving a special use permit. A zoning request <br /> should be considered and the decision made on the <br /> appropriateness of the zone requested where requested <br /> for every use permitted in the district. it becomes an <br /> administrative matter for the zoning officer and if <br /> necessary the Board of Adjustment to determine whether <br /> the intended use and the actual use is a permitted use <br /> within the district. Zoning decisions by Planning <br /> Boards and Agencies where specific use was considered <br /> have been uniformly invalidated by the North Carolina <br /> courts. <br /> 4 . The uses presently permitted in <br /> the LC-1 <br /> the NC-2 districts, when considered in the context of <br /> thel intent statement in the definition of those <br /> districts, does not include the kind of business <br /> activity conducted by the applicant here. The <br /> applicant's business consists of receiving finished <br /> products, packaging the finished products, advertising <br /> a new product which consists of the product received <br /> from its manufacturer packaged , and distributing this <br /> new product apparently wholesale and retail principally <br /> through the mail. This business activity is both <br /> commercial in that it includes sales and it is <br />