Planning Board agenda 030619 - Laserfiche WebLink

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Attachment 1 13 SUMMARY OF TABLE OF PERMITTED USE PROJECT FACTS AND QUESTIONS ASKED: 1. What exactly is going on? Staff is proposing to collapse three existing tables within the Unified Development Ordinance (UDO) outlining the various permitted land uses allowed in various zoning districts into a central table. Specifically, staff is recommending combining the existing tables in Section(s): • 5.2.1 (general use zoning districts), • 5.2.2 (EDD general use zoning districts), and • 5.2.3 (Conditional Zoning districts) and into a centralized table listing out permitted and prohibited land uses. 2. Why was this project initiated? When a development proposal is submitted, staff ascertains if the use is either specifically listed (i.e. single-family residence, church, restaurant, etc.) or falls into an established land use category (i.e. paper manufacture allowed in light industrial) in order to make the determination if the use is permitted or not. If the use is permitted, the applicant is required to submit required development applications for processing. If the use is deemed not permitted, the applicant is informed of same. Recent court decisions, most notably action by the State Supreme Court in Byrd versus Franklin County, placed the responsibility on local governments `spell out' allowable and prohibited land uses so individuals could make a reasonable determination on what would and would not be allowed in a given zoning district. As part of its ruling on this case, the State Supreme Court rejected the argument 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'. In consultation with the County Attorney's office, staff has determined the permitted use table(s) need to be modified to ensure compliance with the aforementioned court case clarifying allowable/prohibited land uses and ensuring uniformity with the delineation of `permitted' and `prohibited' land uses. After a review of the matter, the Board of County Commissioners (BOCC) directed staff to consolidate the three tables into a central list and provide sufficient detail on what was and was not permitted for development in Orange County. 3. Why does the County have three separate tables outlining allowable land uses in the first place? Before 2011, the year the UDO was adopted, land use regulations were contained in multiple documents. For example, development within the various Economic Development (EDD) general use zoning districts (i.e. Buckhorn, Hillsborough, Eno) was completed in accordance with the Economic Development District Design Manual. This Manual contained a separate, independent, list of allowable and prohibited uses for the various EDD