Title
Vote to approve an ordinance and adopt a resolution approving the consistency statement for a general use rezoning by Oscar Guarin, from R-1 Non-conforming to Light Industrial on Parcel 5067, being 9.278 acres, located at 4920 Old US 421 S, Bear Creek Township
Abstract
Introduction & Background: A legislative public hearing was held June 16, 2025. Planning staff presented the request, and the applicants were available for questions. No one signed up to speak. However, the current tenant, Daryl Johnson, did express the property has continued to be used and they are wanting to lease the property for a landscaping supply, mulch yard, etc.
It was noted that the property, because it is split by an active railroad system, is not suitable for residential use.
Discussion & Analysis: When considering general use rezoning, all uses listed in Section 10.13 of the Chatham County Zoning Ordinance listed under the proposed zoning classification are permitted by right or require a special use permit. Uses listed as SUP3 are permitted uses by right if connected to public water and sanitary sewer. However, due to possible limitations such as wastewater capacity, access to public utilities, built upon area limits, etc., not all uses are feasible. The decision to approve a general use rezoning shall be determined by the following criteria.
1. Any alleged error in the Ordinance, if any, which would be remedied by the proposed amendment. No errors in the Ordinance are being made.
2. The changed or changing conditions, if any, make the proposed rezoning reasonably necessary. The county began rezoning the unzoned portions of the county in 2007 and 2009 along the major corridors. In 2016, the remaining unzoned portions of the county were placed into their respective zoning districts. Several existing businesses requested a zoning designation to match the type of use that was being conducted. However, some business property owners opted to accept the new R-1 or R-5 Residential zoning districts and remain as permitted non-conforming use.
Under the Zoning Ordinance, non-conforming uses may continue to operate at the time of the non-conformity, they can expand on the same parcel and can change ownership. However, the use cannot change to another non-conforming use.
The new owner of the property wants to allow for more options on the property that has historically been used for industrial purposes since 1962 when it started as a paving and concrete business, then grain storage and warehousing.
The applicant believes the property still has viable uses, as driven by market demands for small rural businesses in the area. By obtaining general use light industrial zoning, more options would be available for the property which helps in marketing for new occupants.
Zoning Map
3. The manner in which the proposed rezoning will carry out the intent and purpose of the adopted Land Use Plan or part thereof. The property is located within an Agricultural node of the Future Land Use and Conservation Map. It is also approximately 500 ft from the Village Center node which promotes light industrial uses.
Comprehensive Land Use map
Chapter 3 - Objectives - encourages the strengthening and support of existing businesses and increasing non-residential share of the tax base.
4. Other factors/reasons for supporting the rezoning request. The property is split between Old US 421 S and the railroad and is not suitable for residential use. There is no road improvements needed as those are already in place.
The applicant plans to further clean and improve the property to attract new users. The existing county water connection and septic will continue to be utilized. There is an existing sign on the property from the previous business that will continue to be utilized.
5. All other information required on this application or as offered by the applicant in support of the request. This site can bring more employment opportunities to the area, especially in construction-related jobs.
The property is located within the Local (LWA) watershed and built upon area is limited to no more than 36% without curb and gutter. There are no floodable area on the property.
How does this relate to the Comprehensive Plan: Chapter 3 - Objectives - encourages the strengthening and support of existing businesses and increasing non-residential share of the tax base.
Budgetary Impact: N/A
This item was on the consent agenda for Planning Board meeting on July 1, 2025 and was recommended for approval by a vote of 11-0.
Recommendation/Motion: The Planning Board recommends adoption of a resolution approving the following consistency statement to the Board of Commissioners by unanimous vote of 11-0.
The rezoning of the property to the current Industrial Light zoning district is consistent with the land use plan by supporting existing business and bringing a permitted, non-conforming use into compliance with zoning regulations.
The Planning Board recommends adoption of an ordinance approving a request for a general use rezoning by Oscar Guarin, from R-1 Non-conforming to Light Industrial on Parcel 5067, being 9.278 acres, located at 4920 Old US 421 S to the Board of Commissioners by unanimous vote of 11-0.
Motion to approve an Ordinance and adopt a resolution approving the consistency statement for a general use rezoning by Oscar Guarin, from R-1 Non-conforming to Light Industrial on Parcel 5067, being 9.278 acres, located at 4920 Old US 421 S, Bear Creek Township.