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2 <br /> <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, 14 property owners have agreed <br />to rezone their properties. <br />This item is in response to previous requests made by Commissioner(s) McKee and <br />Pelissier. <br />Please note there will similar efforts within the remaining townships in the near <br />future. <br /> <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 only <br />encompassed the actual land use (i.e. building and parking area) while excluding <br />other required 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 and/or prohibiting expansion. <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 />designation. <br />This process is voluntary meaning zoning district boundaries are being modified only <br />with the full understanding and approval of the property owner(s). <br />It should be noted there are existing non-residential general use non-residential <br /> 12