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Agenda - 02-21-2017 - 7-a - Zoning Atlas Amendment - Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
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Agenda - 02-21-2017 - 7-a - Zoning Atlas Amendment - Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
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Last modified
2/16/2017 4:30:58 PM
Creation date
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BOCC
Date
2/21/2017
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
Document Relationships
2017-093 Statement of Consistency of Proposed Zoning Atlas Amendment - Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
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\Board of County Commissioners\Various Documents\2010 - 2019\2017
Minutes 02-21-2017
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2017
ORD-2017-006 Ordinance amending Zoning Atlas - Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
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Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2017
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5 <br /> Other: <br /> B. RATIONALE <br /> 1. Purpose/Mission <br /> In accordance with the provisions of Section 2.8 Zoning Atlas and Unified <br /> Development Ordinance Amendments of the UDO, the County is reviewing the <br /> potential of modifying existing zoning boundaries on approximately 75 properties <br /> within the Bingham, Cheeks, and Cedar Grove Townships to address existing <br /> nonconformities, including the location of required land use buffers and septic area <br /> supporting non-residential land uses. At this time, 13 property owners have agreed <br /> to rezone a total of 15 properties. <br /> This item is in response to previous requests made by Commissioners McKee and <br /> Pelissier. <br /> Please note there will similar efforts within the remaining townships in the near <br /> future. <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 /> Over the years there has been different methodologies employed by former planning <br /> staff and the County Attorney related to the establishment of general use zoning <br /> district boundaries, most notably those associated with Existing Commercial (EC-5) <br /> zoned parcels. <br /> In many instances zoning district boundaries were drawn in a manner that <br /> encompassed only the building and parking areas while excluding other required <br /> areas, most notably septic fields and land use buffers. <br /> The County had previously processed a request for Mr. Vernon Davis to rezone a <br /> portion of his property off of NC Highway 54 West to address this very issue. In this <br /> instance the septic area, used to support non-residential activities, was located on a <br /> portion of the property zoned residential. Land use regulations do not allow for <br /> residentially zoned property to be used in support of non-residential activities. <br /> As a result, Mr. Davis could have been prevented from completing required <br /> improvements to the existing septic system due its location. The County rezoned the <br /> portion of the property supporting the septic system to address this concern. Minutes <br /> from the May 24, 2010 Quarterly Public Hearing where this item was reviewed can be <br /> viewed at: http://server3.co.orange.nc.us:8088/weblink8/0/doc/18759/Page1.aspx. <br /> Staff has been, and will continue to, work with numerous property owners whose <br /> existing non-residential zoning boundaries do not fully capture the necessary land <br /> area allowing the use to be considered conforming. <br /> This proposal seeks to modify zoning district boundary lines to ensure all elements of <br /> the non-residential land use are located within the appropriate general use zoning <br /> 2 <br />
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