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11 <br /> • UDO has 3 different tables outlining permitted land uses; <br /> — STAFF COMMENT: General use zoning districts (i.e. Rural Buffer, Rural <br /> Residential, General Commercial, etc.); Economic Development (EDD) general <br /> use zoning districts ; Conditional Zoning Districts; <br /> • Tables contain unique, distinct, and often contradictory list(s) of allowable land uses. <br /> • In 2015 State Supreme Court (Byrd versus Franklin County) found the omission of listing <br /> a land use within a table of permitted uses did not mean same was prohibited; <br /> • Court stated: `.... law favors uninhibited free use of private property over government <br /> restrictions'. <br /> • Onus placed on local governments to `spell out' what land uses were allowable and <br /> expressly prohibited within their respective jurisdictions. <br /> • Project started in January of 2017; <br /> — Planning Board Ordinance Review Committee (ORC) reviewed project at <br /> approximately 10 different meetings; <br /> — BOCC and County Attorney reviewed status of project at August 2017 work <br /> session providing additional direction; <br /> — Four open house meetings (July 25/27, 2017 and August 23/27, 2018) held <br /> soliciting public input; <br /> Proposal <br /> What the amendment does: <br /> — Collapse 3 existing tables into central table; <br /> — Collapse similar land uses into single categories to eliminate the `exhaustive' list <br /> of land uses; <br /> • Retail land uses are now a single land use category versus 6 to 10 <br /> separate `retail' land uses; <br /> • Overnight accommodation (i.e. hotel, motel, bed and breakfast) now <br /> condensed into 3 categories <br /> Commissioner Dorosin asked if the goal is to simplify the UDO, and if any substantive <br /> changes have been made. <br /> Michael Harvey said in many instances the list was condensed due to unnecessary size, <br /> but in other instances there have been definitions added to provide additional framework to that <br /> which staff considers land uses to be. He said this provides additional direction for both staff <br /> and the property owner. He said this effort is a streamlining attempt of the UDO; to make it <br /> more user friendly. He said this ordinance also collapses and condenses existing land uses, <br /> while maintaining existing policy. <br /> Commissioner Dorosin asked if there is some use that was prohibited somewhere in the <br /> previous 10 uses of retail, that is no longer permitted anywhere. <br /> Michael Harvey said no, not from that perspective. <br /> Michael Harvey referred to overnight accommodations, which include hotel, motel, motor <br /> lodge, motor inn, inn, tourist inn, hotel residential, rooming house, rural guest establishment <br /> (bed and breakfast, bed, breakfast inn), etc. <br /> Michael Harvey said with this example they have condensed everything into "Short term <br /> rentals," and the policy initiatives that form the backdrop of these regulatory standards is <br /> maintained in this ordinance, with these changes. He said short-term rental is a prime example: <br /> he said there is a requirement in the current code, where short-term rentals in residential zoning <br /> districts require a property owner to be on site. He said that policy is maintained in the revised <br /> UDO. <br />