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nearby city of Greensboro as its focus. However, the limited
availability of public water and sewer lines and the
unsuitability of the soil for septic tanks in parts of Pleasant
Garden restricted residential development. The immediate
neighborhood of the property was a well-established residential
area, with some new development within a mile of the property.
Behind the property, but not part of the property, was a pasture
for grazing cows.
The property is in an area that was, and as of the time of
the trial continued to be, zoned residential-agricultural. The
zoning designation was RA-40, residential-agricultural. The
Guilford County Zoning Ordinance described the RA-40 zoning
district as "a district in which the principal use of the land is
for general suburban-residential and agricultural purposes." One
of the stated intents of this zoning was "to prohibit scattered
commercial and industrial uses of land".
Regardless of the zoning, one neighborhood resident operated
an accounting business from his home. Another resident conducted
a construction and repair business, using his home for the office
functions and performing the construction work at the customers'
sites. A third resident had a commercial dumpster and several
vehicles parked at his home. One of the houses in the
neighborhood was used exclusively as a dental office.
Petitioner's use of the property as an office violated the local
zoning ordinance. Despite the zoning violations by petitioner
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