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2 <br />rezoning of the portion of the property on which the business was located to EC -5 <br />(Existing Commercial). The property was rezoned and immediately contested in court <br />by a neighboring property owner. In 1995 , the County was ordered to rezone the <br />property back to the previous zoning district (RB). During the time the property was <br />zoned EC -5, Mr. Wilson purchsed the property and established the use of the property <br />as a motor vehicle repair garage. The attached Chronology of Events (Attachment 2) <br />gives, in reasonable detail, the events that occurred from 1996 forward. Mr. Wilson has <br />been notified twice previously of the zoning violation existing on his property <br />(Attachment 3). <br />Mr. Wilson is currently in violation of Section 4.3 (Permitted Use Table) and Section <br />6.23.1 (Land Use Restrictions) of the _Orange County. N.C. Zoning Ordinance. <br />Specifically, Section 4.3 does not allow for the operation of a motor vehicle and repair <br />garage in the RB Zoning District. A Motor Vehicle Repair Garage is defined as: <br />"[A]n establishment where the following services are available: major mechanical <br />repairs, including engine overhaul; and transmission work. Repair garages can also <br />offer services similar to service stations." <br />Section 6.23.1 of the Zoning Ordinance lists specific uses which are not allowed in <br />certain watershed areas. Under this Section, "no commercial or industrial uses" are <br />permitted in the UNIV -PW. <br />FINANCIAL IMPACT: The financial impact of this decision can not be determined at <br />this time, as it will include court and attorney costs associated with criminal prosecution. <br />RECOMMENDATION(S): The Administration recommends that the person in violation <br />be assessed civil penalties at $100.00 per day if the violation does not cease and desist <br />within 30 days of February 20,.:2001. If the violation has ceased (i.e. buildings <br />associated with business vacated, vehicles removed from site, signs removed) by <br />March 22, 2001, the assessment of civil penalties will be waived. If the violation <br />continues, civil penalties will be assessed at $100.00 per day beginning January 6, <br />2001, and continuing until the violation ceases (exceeding $7,600.00), as authorized <br />under Article 23, Section 23.2(b) of the Zoning Ordinance (Attachment 6). <br />11. The Resolution for Assessment of Civil Penalties is attached (Attachment 7). <br />