ORC agenda 071118 - Laserfiche WebLink

Browse Search

initiated text amendments to clarify allowable and prohibited land uses within the various general use zoning districts throughout the County. These amendments are in response to recent court decisions, most notably action by the State Supreme Court in Byrd versus Franklin County, placing the onus on local governments to have sufficient specificity ‘spelling out’ allowable and prohibited land uses. The outline form was originally reviewed and approved by the BOCC at its May 5, 2016 regular meeting and updated at the November 1, 2016 meeting. 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: ‘cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners’. In November of 2015 the State Supreme Court in Byrd versus Franklin County rejected arguments that the mere omission/listing of a particular land use within a table of permitted uses constituted a prohibition of same. The Court stated: ‘…. law favors uninhibited free use of private property over government restrictions’. A copy of the Court’s ruling in the Franklin County case can be viewed at: https://appellate.nccourts.org/opinions/?c=1&pdf=33680. The amendment is intended to: a. Collapse existing tables in Section(s) 5.2.1 through 5.2.3 (i.e. general use, EDD general use, and Conditional Zoning) into a centralized table, b. Clarify the list of non-residential and residential land uses permitted/prohibited within Orange County, c. Incorporate amendments associated with the Hillsborough Economic Development District originally reviewed at the September 12, 2016 quarterly public hearing, and d. Update Article(s) 5 Uses and 10 Definitions as necessary to reflect proposed modifications as necessary. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4. New Statutes and Rules The amendment(s) are in response to a 2015 court decision, Byrd versus Franklin 5