Agenda - 01-08-1990 - Laserfiche WebLink

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2 indicate compliance with the general standards and specific rules governing the special use, and that the use complies with all required regulations and standards, the application must be approved unless the Board finds, in some specific manner, that: a) The use will not promote the public health, safety, and general welfare, if located where proposed and developed and operated according to the plan as submitted. The findings referenced above are generic in the sense that they are widely used in zoning ordinances around North Carolina. The wording is also that with which courts are familiar. The use of the wording "will promote" and "will not promote" sets too great a standard for an applicant to meet. The principal concern is that a project not do harm to the public health, safety, and general welfare. Thus, a preferable standard, and that proposed for Articles 8 .2 . 1 b) (2 ) and 8.2 .2 a) , is that a project at least "maintain" if not promote the public health, safety, and general welfare. Such a standard already exists in Article 8.2 . 1 b) (2) . (2) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case, the use need not maintain or enhance the value of contiguous property) . A similar provision also exists in Article 8 .2 .2 b) . The proposed amendment was presented at public hearing on November 27, 1989 . No comments were received. At its December 18, 1989 meeting, the Planning Board recommended approval of the proposed amendments. RECOMMENDATION: The Administration recommends approval of the proposed amendment per the Planning Board recommendation.