HomeMy WebLinkAboutAgenda - 05-27-1997 - C2a(2) 063
ORANGECOUNTY
BOARD OF COMNIISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 27, 1997
Action Agenda
Item# • a f 2)
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT
Economic Development Districts Design Manual
Article 2.2 - Permitted Uses(Existing Residences)
DEPARTMENT: PLANNING PUBLIC HEARING_X—Yes No
BUDGET AMENDMENT REQUIRED Yes_X—No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment Emily Cameron
Extension 2580
TELEPHONE NUMBERS:
Hillsborough 732-8181
Durham 688-7331
Mebane 227-2031
Chapel FEB 967-9251
PURPOSE: To receive citizen comment on a proposed amendment to allow existing
residences as a permitted use in all Economic Development Districts.
BACKGROUND: According to the permitted use table in the Economic Development
Districts(EDD)Design Manual,residential uses are not permitted in the
Primary Development Area, except for the Primary Overlay in the I-
40/Old NC 86 EDD.
The purpose of the Economic Development Districts is to provide
locations for a wide range of non-residential uses, including light
industrial,distribution,office, service and retail. Residential use is
allowed in Secondary Development Areas and the Primary Overlay
(applicable only in the 1-40/Old NC 86 EDD),which serve to buffer the
EDDs from adjacent residential districts.
Residential use is not included as a permitted use in Primary Development
Areas. The rationale for excluding residential as a permitted use was to
assure that the Primary Development Areas would remain available,
064
avoiding new development incompatible with non-residential
development.
When the Economic Development Districts were adopted, existing
residences in the Primary Development Areas became non-conforming.
Non-conforming uses are lawful,but may not be enlarged or modified,
and may not be replaced if destroyed.
The proposed amendment would include existing residences as a
permitted use rather than a non-conforming use in all Economic
Development Districts. Allowing existing residences as a conforming
use will not result in additional development which could be in conflict
with the uses allowed in the EDD, since new residences would continue to
be prohibited It would,however,allow existing residences to be
expanded, modified or replaced, providing assurance that existing
residences in the Primary Development Areas may continue to be
occupied and improved until market forces or other factors result in
conversion to a permitted non-residential use.
RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's
recommendation be presented to the Planning Board within 30 days
of receipt of an application. However,Article 20.4 exempts any
application for amendments to the Zoning Ordinance by either the
public or the County from the provisions of Article 20.3. In either
case,though,the public hearing is the time scheduled for
presentation of the Zoning Officer's Recommendation.
Toning lJT=Recommendation
Provided that the Planning Board and Board of Commissioners find
in the affirmative, the Zoning Offlcer recommends approval of the
proposed text amendment.
Administration Recommendation
The Administration recommends that the proposed amendment be
referred to the Planning Board for a recommendation to be returned
to the Board of Commissioners no sooner than August 4, 1997.
css
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
Economic Development Districts Design Manual
REFERENCE: Article 2.2 Permitted Uses(Existing Residences)
ORIGIN OF AMENDMENT: Y_Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION: X_High Middle Low
Comment:
PUBLIC HEARING DATE: May 27, 1997
PURPOSE:
To allow existing residences as a permitted use in all Economic Development Districts.
IMPACTS AND ISSUES:
According to the permitted use table in the Economic Development Districts Design Manual,
residential uses are not permitted in the Primary Development Area,except for the Primary
Overlay at the I-40/Old 86 EDD. When the Economic Development Districts were first proposed
in 1993, the Planning Board/Economic Development Commission Workgroup wanted to
encourage commercial and industrial uses without eliminating residential uses. The rationale was
to allow existing residences to remain while prohibiting new residential development. Upon
adoption of the EDD's, existing residences in the Primary Development Areas became non-
conforming,that is,uses that were lawful, but are now prohibited under current zoning
regulations.
Such non-conforming uses are controlled by Article 11 of the Zoning Ordinance which states,
"Uses of land which do not conform to the requirements of this ordinance or amendments to it
may not be enlarged or expanded; neither shall the use be intensified, nor altered, except in
conformance with this ordinance."Because the Primary Development Areas were established for
a wider range of more intensive nonresidential uses, it is appropriate to prohibit new residential
development there. However,it is reasonable to allow existing residents of the Primary
Development Areas who choose to continue to live there some latitude in terms of compliance
with the ordinance.
066
For example, under Article 11.9 (Non-conforming Uses of Major Structures,or Structures and
Premises in Combination), additions to an existing residence and accessory uses such as a
storage shed would not be allowed. If a residence in the Primary EDD is damaged or destroyed,
it cannot be replaced without changing the use of the property to a use permitted in the district.
Furthermore, if a current resident/owner chose to move out of the EDD, and the residence were
vacant for more than 180 days, it could no longer be used as a residence. Consequently,a home
being sold must be reoccupied within six months of being vacated.
To remedy the hardships created by the ordinance as described above,the following amendment
is proposed to the EDD Manual Permitted Use Table. The effect of the amendment would be to
make residences which are existing as of the amendment date a permitted use while new
residences are prohibited.
o
u .
k k a k N
V
qq
4u
o u ° u >,
v� Q» k k aq k k
.�y
m
cn ol
H o V s •v � �+ � a ><
Q " a�
b a`i 03 Q x «
E.., w ' o u o e°iU w XI
z k k k k m k k k k
C�
O Cl. u -• ea b >
fi
101 c A
W
kI k k k C
A S3 v 5 c g
Q n. u u u
V o o -u i � Q 4
D
z 4) � � 4 a
v
IOU
cp Or ,
u 13 � ,� u «' S u •v
o � kkkk �o
a 0
'a [ IV
A 5 u o { { <;_ k k
>
Q IV c cc
V .
�
El 2
Q�9 1 l\j •..'1
tq
8 o v `� Ci •$ a Vin: b v
a ° � v '� L
u 43 'd $ v v R
qu
CJ cc
u ed H ~ b
W7 ul«° co d 3 A CO3. 5 G v o u u g p b o
g c u@ B b w u
ca ts.
lu = s 0 ,~ 0
; `'
pi o 0 0 u u u .o .o b
u 0. o 0
O C -• u b v y R y
o °�' R 3 0 0 3 y E e °� >5. >5, b o° •a o u y 4
V
E••� H Q' � U V ;C3, m a
1N3WaN3Wtl