Orange County NC Website
Browse       Search
ORANGE COUNTY <br />PLANNING BOARD ORDINANCE REVIEW COMMITTEE <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: February 1, 2017 <br /> Action Agenda <br /> Item No. 2 <br /> <br />SUBJECT: Continued Review - Unified Development Ordinance (UDO) Text Amendments <br />Permitted Use Table <br /> <br />DEPARTMENT: Planning and Inspections <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. Comprehensive Plan and Unified <br />Development Ordinance (UDO) <br />Amendment Outline Form <br />2. Comparison Tables of NAICS Code and <br />American Planning Association Land <br />Based Classification Standards (LBCS) <br />Michael D. Harvey, Planner III (919) 245-2597 <br />Craig Benedict, Director (919) 245-2575 <br /> <br />PURPOSE: To continue review and comment upon proposed modifications to the tables of <br />permitted uses. <br /> <br />BACKGROUND: In November of 2015 the State Supreme Court in Byrd versus Franklin County <br />rejected the argument that the mere omission/listing of a particular land use within a table of <br />permitted uses constituted a prohibition of same. The Court stated: ‘…. law favors uninhibited <br />free use of private property over government restrictions’. In consultation with the County <br />Attorney’s office, staff has determined the permitted use table(s) need to be modified to ensure <br />compliance with the aforementioned court case clarifying allowable/prohibited land uses and <br />ensuring uniformity amongst the various existing tables. <br /> <br />The list needs to be as exhaustive as practical. The simple rule we need to remember, based <br />on the Byrd case and guidance from the County’s Attorney Office, is: if a land use is not listed <br />within the table of permitted uses it is considered to be permitted. <br /> <br />The amendment outline form for this project, contained within Attachment 1, was approved by <br />the BOCC at its November 1, 2016 regular meeting. Agenda materials from this meeting can <br />be viewed at: <br />http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/161101.pdf. <br />Minutes from this meeting can be viewed at: <br />http://server3.co.orange.nc.us:8088/weblink8/0/doc/44183/Page1.aspx. <br /> <br />The Planning Board Ordinance Review Committee (ORC) began review of this item at its <br />January 4, 2017 meeting addressing the following elements: <br />1. Determining if an existing ‘list’ of land uses can be incorporated into the UDO. <br />STAFF COMMENT: Staff has proposed incorporating the North American Industry <br />Classification System (NAICS), the standard used by Federal statistical agencies in <br /> 2