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A <br /> a) The use will not promote the public health, safety, and <br /> general welfare, if located where proposed and developed <br /> and operated according to the plan as submitted. <br /> The findings referenced above are generic in the sense that <br /> they are widely used in zoning ordinances around North <br /> Carolina. The wording is also that with which courts are <br /> familiar. <br /> The use of the wording "will promote" and "will not promote" <br /> sets too great a standard for an applicant to meet. The <br /> principal concern is that a project not do harm to the public <br /> health, safety, and general welfare. Thus, a preferable <br /> standard is that a project at least "maintain" if not promote <br /> the public health, safety, and general welfare. Such a <br /> standard already exists in Article 8 .2 . 1 b) (2 ) . <br /> (2) The use will maintain or enhance the value of contiguous <br /> property (unless the use is a public necessity, in which <br /> case, the use need not maintain or enhance the value of <br /> contiguous property) . <br /> A similar provision exists in Article 8 .2 .2 b) . <br /> EXISTING ORDINANCE PROVISIONS: Attached. <br /> PROPOSED AMENDMENT: <br /> The proposed amendment to Article 8.2 . 1 b) (2 ) is as follows : <br /> ( 1) The use will maintain or promote the public health, <br /> safety, and general welfare, if located where proposed <br /> and developed and operated according to the plan as <br /> submitted. <br /> The proposed amendment to Article 8.2 .2 a) is as follows: <br /> a) The use will not maintain or promote the public health, <br /> safety, and general welfare, if located where proposed <br /> and developed and operated according to the plan as <br /> submitted. <br /> ******************************************************* <br /> ORDINANCE REVIEW COMMITTEE: <br /> PLANNING BOARD REVIEW: <br /> BOCC REVIEW: <br />