MEMORANDUM
TO: Roger L. Stancil, Town Manager
FROM: J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager
SUBJECT: Land Use Management Ordinance Text Correction – Removal of the Use Matrix Footnote regarding Duplexes in particular residential zoning districts
DATE: January 26, 2009
INTRODUCTION
A public hearing was called for tonight, to consider a proposed Land Use Management Ordinance text amendment to eliminate a footnote in the Use Matrix regarding duplexes in residential zoning districts. We believe the Council intended this footnote to be removed in 2004, but the ordinance text remained in error.
Subsequent to the scheduling of the public hearing, we examined the previous ordinances (2002 – 2004) pertaining to duplex construction in residential zoning districts and consulted with the Town Attorney, and discovered the text correction can be made effective without holding a public hearing.
We recommend that the Council receive this report regarding the proposed Land Use Management Ordinance text correction. No Council action is required to correct the Ordinance text.
CURRENT REGULATIONS
The Use Matrix (Table 3.7-1) of the Land Use Management Ordinance indicates that duplexes are allowed in the Residential-2 and Residential-3 zoning districts, and that duplexes are not allowed in the Residential-1 and Residential -2A districts.
Table 3.7-1: Part of the Use Matrix, Excerpt from the Land Use Management Ordinance
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USES |
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General Use Zoning District |
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Planned Development (PD-) |
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Use Group |
R-LD5 |
RT |
R-LD1 |
R-1A |
R-1 |
R-2 |
R-2A |
R-3 |
R-4 |
R-5 |
R-6 |
R-SS-C |
TC-1, TC-2 |
CC |
NC |
OI-1 |
OI-2 |
OI-3 |
OI-4 |
I |
MH |
H |
SC(N) |
SCI |
OI |
MU |
I |
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Dwelling Units, Duplex (See also Article 6) |
A |
-- |
-- |
-- |
-- |
-- |
P |
-- |
p |
P |
P |
P |
S |
P |
P |
P |
P |
P |
P |
P |
-- |
-- |
P |
-- |
-- |
-- |
P |
-- |
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-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
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However, below the Use Matrix table is the following footnote:
“Note: in zoning districts R-1, R-2, R-2A, and R-3, the “—” Not Permitted is effective until June 30, 2003, after which date dwelling unit, duplex shall become a “P” permitted as a principal use.”
The information in the above footnote incorrectly states that duplex is a permitted use in the R-1 and R-2A districts. This information conflicts with the notation in the Use Matrix table indicating that a duplex is not permitted in these districts.
DISCUSSION
On June 9, 2003, the Council enacted an ordinance extending the June 30, 2003 duplex probation to February 29, 2004 (attached). Inadvertently, the duplex footnote at the bottom of the Use Matrix table was not amended to indicate the revised deadline date.
On February 23, 2004, the Council enacted an ordinance to prohibit duplex construction in the R-1, and R-2A zoning districts. Again, the footnote at the bottom of the Use Matrix table, permitting duplex units in the R-1 and R-2A districts was not amended or removed from the Land Use Management Ordinance.
The retention of this footnote in the text of the Land Use Management Ordinance, following the Council action on February 23, 2004, was an oversight and should be deleted from the current ordinance.
After consulting with the Town Attorney, we have determined that the enacting ordinance that references removal of conflicting text allows us to correct this error without Council action.
The text correction will delete the second footnote following the Use Matrix, allowing the entries in the Use Matrix itself to clarify where duplexes are and are not permitted. We intend to delete this footnote:
“Note: in
zoning districts R-1, R-2, R-2A, and R-3, the “ – “ Not Permitted is effective
until June 30, 2003, after which date dwelling unit, duplex shall become a “P”
permitted as a principal use.”
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board met on January 6, 2009 to review the proposal when we presented it as a text amendment proposal. The Board voted 8-0 to recommend that the Council adopt the text amendment as written. Please see the attached Summary of Planning Board Action.
Staff Recommendation: That the Council receive this report as an information item. No Council action is required to correct the Ordinance.
ATTACHMENTS
1. Summary of Planning Board Action (p. 4).
2. June 9, 2003 Ordinance (p. 5).