ORD-2019-015 UDO amendment Permitted Uses Table

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Ordinance # ORD -2019 - 015 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas , Orange County establishes three separate tables outlining allowable land uses within Section ( s ) 5 . 2 . 1 , 5 . 2 . 2 , and 5 . 2 . 3 of the Unified Development Ordinance ( UDO ) . Further , Article 5 Uses of the UDO establishes development standards and review criteria for various permitted land uses within the County and Whereas , Since adoption of the UDO in 2011 , there has been a desire to collapse and condense the existing tables of permitted land uses into a single table , as well as clarify development standards for various land uses , to avoid unnecessary duplication and conflict , and Whereas , On November 6 , 2015 the State Supreme Court in Byrd Versus Franklin placed the onus on local governments to ` spell out ' what land uses were allowable or prohibited within their respective jurisdictions , and Whereas , Planning staff and the County Attorney have determined the UDO does not adequately delineate which land uses are permitted and /or prohibited within specified zoning districts consistent with the finding of Byrd versus Franklin , and Whereas , There is a need to revise how Orange County lists permitted and prohibited land uses in order to comply with the findings of Byrd as well as to streamline existing regulatory processes to ensure regulations are readily understandable , and Whereas , the requirements of Section 2 . 8 of the UDO have been deemed complete , and Whereas , the Orange County Planning Board has recommended approval of the proposed text amendments , and Whereas , the County has held the required public hearing and has found the proposed text amendments are consistent with the goals and policies of the adopted Comprehensive Plan . Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended consistent with the Planning Director ' s and County Attorney ' s recommendation and action taken by the Board at is April 16 , 2019 meeting eliminating language from Section (s ) 2 . 10 ; 2 . 11 ; and 5 . 3 . 2 establishing a ` burden of persuasion ' . Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption . Upon motion of Commissioner McKee , seconded by Commissioner Marcoplos , the foregoing ordinance was adopted this 16t " day of April , 2019 .