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15 <br /> DRAFT <br /> 98 <br /> 99 Beth Bronson: Certainly, and I'm familiar with them and I'm familiar with these stores and the things that <br /> 100 do exist and to his point about how many already exist within these existing strip malls, it almost feels like a <br /> 101 matter of right for them to be able to exist because it's been allowed to be for so long, so I'm trying to — <br /> 102 grandfathered in, but again, if that business owner wanted to make any changes to that business or to that <br /> 103 building they would not be able to, they would have to come in and apply and every store would be affected. <br /> 104 <br /> 105 Cy Stober: That's not entirely true. There are some liberties allowed for non-conforming uses, <br /> 106 especially if they're contained within the building at it is today, so you can make internal improvements, you <br /> 107 can't make additions, you can't expand the use, you can't make it more intense. But we're not stopping <br /> 108 someone from pulling a building permit and fixing their plumbing or making a facade improvement or <br /> 109 something like that. <br /> 110 <br /> 111 Beth Bronson: Could they put a parking lot in? <br /> 112 <br /> 113 Cy Stober: No. <br /> 114 <br /> 115 Beth Bronson: And just for me and my perspective, what was the attorney's rationale for not including <br /> 116 those in LC1, NC2, GC3, GC4, EC5? What was the reasoning for not including that as like with a special <br /> 117 asterisk, I guess? <br /> 118 <br /> 119 Cy Stober: The County does not want them. <br /> 120 <br /> 121 Beth Bronson: Okay. I mean, retail wise they are quite popular. And I'm not saying that the County is <br /> 122 right or wrong or the retail purchasers are right or wrong. Just that I would caution, this is creating a very <br /> 123 stringent rule and isolating one particular type of retail, and so I would just caution against that to Planning <br /> 124 Board members as we make this recommendation. <br /> 125 <br /> 126 Charity Kirk: How are adult stores zoned now in general? Why not shove it into that category? <br /> 127 Because I remember a long time ago when we were talking about Dollar Stores, there was something about, <br /> 128 well, if we rezone it, it could have an adult store, but then there's school distances and —so it's 12 and 13. Why <br /> 129 not limited to 12 and 13? <br /> 130 <br /> 131 Cy Stober: I'll be frank, that was in one of the drafts and Planning staff thought if the goal is to limit <br /> 132 their presence entirely in the County, that placing it in a Conditional Zoning District would be the way to do <br /> 133 that. And it was acceptable. But that was drafted, as well, the place to do exactly that. <br /> 134 <br /> 135 Charity Kirk: So what, what are the pros and cons of 12? It just seems like limiting it entirely, making it <br /> 136 super difficult, or making it much more limited. <br /> 137 <br /> 138 Cy Stober: Sure, I mean allowing it in a few zoning districts would make it more difficult to challenge <br /> 139 that the County's attempting to completely prohibit the use, and so that's the advantage there. But it could be <br /> 140 any one, I'm thinking particularly in Economic Development Districts where we have zoning for like Economic <br /> 141 Development Buckhorn, so the whole West Ten area over near Gravelly Hill Middle School you would still <br /> 142 have the radius restriction, but, for example the properties north of the interstate near the weigh station, I think <br /> 143 there's some that are zoned for industrial there. They would have to conform with all the other standards, like <br /> 144 driveway access and so forth. But it would be primarily in the Economic Development District. So, south of <br /> 145 Hillsborough, east of Mebane and right at the Durham County line would be the areas where you could see <br />