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41 <br /> Attachment 3 <br /> SUMMARY OF TABLE OF PERMITTED USE PROJECT FACTS <br /> AND QUESTIONS ASKED: <br /> 1. What exactly is going on? <br /> At the direction of the Board of County Commissioners, staff is collapsing the <br /> three existing tables within the Unified Development Ordinance (UDO) outlining <br /> the various permitted land uses allowed in various zoning districts into a central <br /> table. <br /> Specifically, staff is combining the existing tables in Section(s): <br /> • 5.2.1 (general use zoning districts), <br /> • 5.2.2 (economic development district general use zoning districts), and <br /> • 5.2.3 (Conditional Zoning districts) <br /> and into a centralized table listing out permitted and prohibited land uses. <br /> 2. Why was this project initiated? <br /> When a development proposal is submitted, staff ascertains if the use is either <br /> specifically listed (i.e. single-family residence, church, restaurant, etc.) or falls <br /> into an established land use category (i.e. paper manufacture allowed in light <br /> industrial) in order to make the determination if the use is permitted or not. <br /> If the use is permitted, the applicant is required to submit required development <br /> applications for processing. If the use is deemed not permitted, the applicant is <br /> informed of same. <br /> Recent court decisions, most notably action by the State Supreme Court in Byrd <br /> versus Franklin County, placed the responsibility on local governments `spell out' <br /> allowable and prohibited land uses so individuals could make a reasonable <br /> determination on what would and would not be allowed in a given zoning district. <br /> As part of its ruling on this case, the State Supreme Court rejected the argument <br /> that the mere omission/listing of a particular land use within a table of permitted <br /> uses constituted a prohibition of same. The Court stated: `.... law favors <br /> uninhibited free use of private property over government restrictions'. <br /> In consultation with the County Attorney's office, staff has determined the <br /> permitted use table(s) need to be modified to ensure compliance with the <br /> aforementioned court case clarifying allowable/prohibited land uses and ensuring <br /> uniformity with the delineation of `permitted' and `prohibited' land uses. <br /> After a review of the matter, the Board of County Commissioners (BOCC) <br /> directed staff to consolidate the three tables into a central list and provide <br /> sufficient detail on what was and was not permitted for development in Orange <br /> County. <br /> 3. Why does the County have three separate tables outlining allowable land <br /> uses in the first place? <br />