Agenda - 11-20-2017 - 8-a - Minutes

Browse Search

6 1 UNIFIED DEVELOPMENT ORDINANCE 2 Conditional Use Districts- Better option (Conditional Zoning) already exists in the UDO; 3 both the North Carolina Bar Association and the University of North Carolina, School of 4 Government has recommended that the legislature repeal Conditional Use District 5 authority for multiple reasons. The legislature is currently working on this. It is unduly 6 burdensome to applicants and County staff. It requires a legislative rezoning AND a 7 quasi-judicial hearing. Everything that may be accomplished in a Conditional Use District 8 may be accomplished through Conditional Zoning. 9 10 • “A conditional use district rezoning is initiated when the owner asks for a rezoning 11 to a new zoning district that does not have any automatically permitted uses, only 12 uses allowed by the issuance of a conditional use permit. In the usual conditional 13 use district rezoning process, the owner applies for a special or conditional use 14 permit for a particular project at the same time the rezoning is requested and the 15 two decisions (the rezoning and the permit) are considered in a single 16 proceeding.” (UNC School of Government) 17 • “This is different from a conditional use district in that there is no accompanying 18 conditional use permit. All of the site specific standards and conditions 19 (sometimes including a site plan) are incorporated into the zoning district 20 regulations.” (UNC School of Government) 21 22 The Board agreed for John Roberts to begin the repeal to planning board and staff. 23 24 Reduce the number of land uses - Planning is currently rewriting the Table of Permitted 25 Uses, so this is the best time to reduce the number of land uses. Examples for cleanup: 26 No need for distinctions between Bed & Breakfast, Bed & Breakfast Inn, Country Inn, 27 Residential Hotel, Rooming House, etc. 28 29 Commissioner Price asked if an Airbnb could go in here. 30 John Roberts said yes it could be here, either within an existing group or as one 31 of its own. 32 Chair Dorosin asked if, referring to his example, there is a difference in all of 33 these, and if the purpose is to have fewer uses and broader definition. 34 John Roberts said yes. 35 Chair Dorosin said an existing Country Inn would still have a category under 36 which it would fall, but it may be a new umbrella term. 37 John Roberts gave the example that bed and breakfast and bed and breakfast inn 38 could be combined into one category with an either/or definitional structure; and country 39 inn, residential hotel and rooming house could be combined into another category with a 40 separate either/or definitional structure. He said these changes will make this easier to 41 read for the applicants. He said every use should be covered as much as possible, but it 42 can be better categorized. 43 44 The Board agreed by consensus for John Roberts to proceed with the amendment. 45 46 GENERAL ORDINANCES 47 48 Chapter 1 49 Penalties- The Board indicated it may not be comfortable with violations of county 50 ordinances resulting in a $500 fine and 30 days in jail. Reducing the penalties here will 51 reduce the penalties for all those ordinances that don’t have a specific penalty included 52 within their terms. 53