Agenda - 11-01-2016 - 6-e - Unified Development Ordinance (UDO) Amendment Outline Form and Schedule for Proposed Text Amendment – Tables of Permitted Uses

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4 proposing to initiate text amendments to clarify allowable and prohibited land uses within the various general use zoning districts throughout the County. These amendments are in response to recent court decisions, most notably action by the State Supreme Court in Byrd versus Franklin County, placing the onus on local governments to have sufficient specificity `spelling out' allowable and prohibited land uses. This outline form was originally reviewed and approved by the BOCC at its May 5, 2016 regular meeting. Recent discussions between the Director and the Attorney's office, as well as on-going amendments, have required a reevaluation of the project. Agenda materials from the May 5, 2016 regular meeting can be viewed at: http://www.orangecountync.gov/document center/BOCCAgendaMinutes/160505.pdf 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. In November of 2015 the State Supreme Court in Byrd versus Franklin County rejected arguments that the mere omission/listing of a particular land use within a table of permitted uses constituted a prohibition of same. The Court stated: `.... law favors uninhibited free use of private property over government restrictions'. A copy of the Court's ruling in the Franklin County case can be viewed at: https://appellate.nccourts.org/opinions/?c=1&pdf=33680. Originally the amendment was intended to clarify allowed/prohibited land uses, provide additional specificity, and ensure uniformity. Recently the Director, in responding to comments from the Attorney's office, determined the scope of the project needed to change and will now involve: 1. Incorporating the North American Industry Classification System (NAICS) land use classification system into the UDO, consistent with text amendments reviewed at the September 12, 2016 quarterly public hearing and slated for continued review and the BOCCs November 1, 2016 regular meeting. Agenda materials from the quarterly public hearing can be viewed at: http://www.orangecountync.gov/document center/BOCCAgendaMinute s/160912QPH.pdf- Additional information on the NAICS code can be viewed at: http://www.census.gov/eos/www/naics/. 2. Expanding the list of non-residential land uses (i.e. agricultural, medical, recreational, residential land uses) to comply with the findings of Byrd. 3. Collapsing the general use, EDD general use, and Conditional Zoning district tables of permitted uses (Sections 5.2.1, 5.2.2, and 5.2.3 respectively) into one central table in order to decrease anticipated page counts and avoid unnecessary duplication. As a result, the schedule for this item is being revised.