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11 <br /> ORANGE COUNTY <br /> PLANNING BOARD <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: March 6, 2019 <br /> Action Agenda <br /> Item No. 7 <br /> SUBJECT: Unified Development Ordinance (UDO) Table of Permitted Uses <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Project Fact Sheet and Frequently Michael D. Harvey, Planner III (919) 245-2597 <br /> Asked Questions Craig Benedict, Director (919) 245-2575 <br /> 2. Statement of Consistency <br /> 3. UDO Text Amendment(s) (2/25/2019 <br /> MDH — Legal Review is still on-going <br /> and should be done today/tomorrow <br /> based on James' email) <br /> PURPOSE: To review and make a recommendation to the Board of County Commissioners (BOCC) on <br /> Planning Director initiated Unified Development Ordinance (UDO) text amendments to the tables of <br /> permitted land uses. <br /> Specifically, the amendment collapses existing tables of permitted uses as contained in Section(s) 5.2.1 <br /> (general use zoning districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning <br /> districts) into a centralized table. <br /> BACKGROUND: As the Board is aware, this project was initiated to address the findings of the State <br /> Supreme Court in Byrd versus Franklin County related to the delineation of prohibited land uses. The court, <br /> in rendering its decision, placed the onus on local governments to `spell out' what land uses were allowable <br /> and prohibited within their respective jurisdictions. A copy of the Court's ruling in the Franklin County case <br /> can be viewed at: https://www.nccourts.gov/documents/appellate-court-opinions/bVrd-et-al-v-fanklin-county. <br /> Work on the project began in the spring of 2017 with staff focusing on collapsing the existing tables and <br /> creating an `exhaustive list' of land uses. This was to address concerns from the Planning Director, Director <br /> of Economic Development, and several BOCC members over ensuring developers were able to `verify' a <br /> proposed land use permitted within the County. <br /> In August of 2017 the BOCC held a work session with Planning staff and the County's Attorney office to <br /> review the status of this project and provided the following direction: <br /> 1. Abandon the concept of an exhaustive list of allowable land uses; <br /> 2. Collapse, where feasible, similar land uses into single categories; <br /> 3. Review existing definitions to eliminate the reliance on `example land uses' with respect to <br /> outlining what constitutes a permitted land use within that category; and <br /> 4. Consolidate and eliminate, where feasible, duplicative references to regulations within the UDO. <br />