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ORANGE COUNTY <br />PLANNING BOARD ORDINANCE REVIEW COMMITTEE <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 3, 2017 <br /> Action Agenda <br /> Item No. 2 <br /> <br />SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Permitted Use <br />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. Existing Table of Permitted Uses – <br />Explanation of Where Land Uses Are <br />Being Relocated <br />3. Draft Table of Permitted Uses <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: As staff has previously discussed, in November of 2015 the State Supreme <br />Court in Byrd versus Franklin County rejected the argument that the mere omission/listing of a <br />particular land use within a table of permitted uses constituted a prohibition of same. The Court <br />stated: ‘…. law favors uninhibited free use of private property over government restrictions’. In <br />consultation with the County’s Attorney office, staff has determined the permitted use table(s) <br />need to be modified to ensure compliance with the aforementioned court case clarifying <br />allowable/prohibited land uses and ensuring uniformity. <br /> <br />The simple rule we need to remember is: if a land use is not listed within the table of <br />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. Highlights of past discussions and/or recommendations include: <br />1. Determining if an existing ‘list’ of land uses can be incorporated into the UDO. <br /> 2