Orange County NC Website
14 PAGE 4 <br /> acres (31 , 188 square feet) in size and contains <br /> five (5 ) buildings - a 26 'x28 ' residence, store <br /> building, trailer, 9 'x13 ' shed and a 31 'x35 ' <br /> garage. Both lots front on US Highway 70 and are <br /> situated between Frazier Road (SR 1310) and Redman <br /> Crossing (SR 1399) . At the time Cheeks Township <br /> was zoned, Lot 11 was occupied by Tyndall 's Gas <br /> and Grocery, and Lawn Mower Repair Shop . <br /> Both tots are designated Ten Year. Transition and <br /> Water Supply Watershed in the Land Use Plan . The <br /> present zoning of Lot 10 is Existing Commercial <br /> (EC-5) , while the proposed zoning classification <br /> is R-1 Residential . The present zoning of Lot 11 . <br /> is R-1 Residential , while the proposed zoning is <br /> Existing Commercial (EC-5) . <br /> Approval of the request would correct an error in <br /> the Zoning Atlas made at the time Cheeks Township <br /> was zoned. A complaint has been filed concerning <br /> the nature of the use on Lot 11 - an auto repair <br /> shop . The complaint has addressed concerns about <br /> the excessive noise both during and after normal . <br /> working hours, the unsightly nature of the opera- <br /> tion, and travel safety since cars are parked <br /> within the right-of-way of Highway 70. The 11984 <br /> traffic count on US Highway 70 was 5,700 trips per <br /> day . <br /> Article 6 . 14 .2 of the Zoning Ordinance sets <br /> performance standards in regard to permitted noise <br /> levels. For properties zoned EC 5, noise levels <br /> cannot exceed 50 decibels between 7:00 a .m. and <br /> 7:00 p.m. or 45 decibels between 7:00 p .m. and <br /> 7: 00 a.m. For purposes of comparison, the noise <br /> level on a busy urban sfreet is 90 decibels, while <br /> an accelerating motorcycle is rated at 110 <br /> decibels . The racing of automobile engines on Lot <br /> 11 would fall within the same general rating. <br /> The Sheriff 's Department has a decibel meter with <br /> which to determine if performance standards are <br /> met . The obvious problem of enforcement is that <br /> noise levels could be decreased at the time <br /> deputies appear to take measurements. A similar <br /> problem already exists in that automobile noise <br /> levels are increased after deputies have warned ,. <br /> the occupants of the site that they are disturbing <br /> neighbors. <br /> The Planning Department recommends approval of the <br /> rezoning of Lot 10 from EC-5 to R-1 . The Planning <br /> Department recommends that Lot 11 be left in an R- <br /> 1 classification . Mon-residential uses on that <br /> site would become nonconforming and subject to the <br /> provisions of Article' 11 .9 . Basically, that use <br /> would be allowed to remain and continue to operate <br /> as a non-conforming use as long as it did not <br />