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