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Planning and Zoning Commission Minutes October 19, 1995 Page 16 plan on operating at night, so there would not be any lights. She said she does not think that the neighbors would know it was there unless they knew it was there. We do allow home based businesses. The Chair said the question is do you consider this to be a type of home based business or is it too commercial to be suitable for that area? Mr. Drye asked the Chair if he could get a clarification on spot zoning. He asked if spot zoning was illegal or not.* Mr. Newton said spot zoning itself in the State of North Carolina is not illegal. Spot zoning is not inherently illegal in the State of North Carolina if the zoning in the application of the use on the property furthers the overall plan of an area. By the definition, this rezoning may be a spot zoning. There being no further comments, Mr. Jeter MOTIONED that Petition 95-09 be denied on the grounds that we as a board have to recognize the character of the neighborhood in light of the existing zoning. We have to recognize that the change that we make in that existing zoning is going to create an exception upon which other people will base their decisions. We need to recognize the wishes of the people in that territory. It is clearly apparent that all of those factors say that we deny this petition at this time. The Motion was seconded by Mr. Ritchie. The Chair said in looking at Mr. Wilson's plan and the fact that he is willing to make some restrictions on this property, this could be a workable plan and we could come up with something that would be amicable for all parties concerned. Mr. Jeter said if that is the case, then the board should address what is petn-dssible in the existing zone. In his opinion, that is how he feels we should handle that matter. He said if we want to change the zoning ordinance to accommodate other home industries, then perhaps that is how we might precede with that. The vote was 5 to 3 to deny Petition 95-09. Mr. Brownlow, Mr. Lane, Mr. Moose, Mr. Jeter, and Mr. Ritchie for denial. Ms. Harkey, Mr. Drye, and Ms. Stafford dissenting. Mr. Newton said this will go before the Board of Commissioners on November 20, 1995, at 7:00 P.M.