Town Amending Subdivision Ordinance to Allow Daycares

Started by MaryF2 • 3 replies • 1425 views

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MaryF2 (North Carolina)
Posts: 1

Posted:

The Town of Morrisville's Planning and Zoning Board is requesting the Mayor and Commissioners to vote to approve an amendment to the Zoning Ordinance for r-6 subdivisions to allow the operation of Daycares.

PUD's were started to allow residents a place to live without the worry of the possibility of businesses locating next door to their homes. Now, the Town of Morrisville is not only trying to circumvent that, but also to pit neighbor against neighbor and resident against HOA, and HOA against the Town.

What I find interesting is that the Town of Morrisville has not notified the other HOA's that this will affect.

Has anyone else had a problem similar to this one and, if so, how does one defeat its passage?

Mary

RogerB (Colorado)
Posts: 5,067

Posted:

Mary, you can defeat its passage by getting sufficient support to pressure the City Council into voting against it. Meanwhile even if passed your Covenants may prevent the operation of a day care center within your COVENANT CONTROLLED association. Covenants which state "no business" could be enforced to prevent operating such a business.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By RogerB on 11/06/2006 8:28 AM

...................... Meanwhile even if passed your Covenants may prevent the operation of a day care center within your COVENANT CONTROLLED association. Covenants which state "no business" could be enforced to prevent operating such a business.

The town ordinance might override the CC&Rs much as the Federal Government decided to allow sattelite dish antennas even though CC&Rs otlawed them. If the law passes, I would seek legal advice on the issue.

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

it all depends on how the town does it. changing zoning won't affect your HOA rules. Writing it into code or statute might. if it happens, follow the previous advice and get a lawyer consult.

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