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Agenda - 04-21-2009 - 5b
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Agenda - 04-21-2009 - 5b
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Last modified
2/21/2012 4:53:15 PM
Creation date
4/17/2009 4:38:57 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5b
Document Relationships
Minutes - 20090421
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2009
RES-2009-027a Flood Ordinance
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2009
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73 <br />County Attorney has done a good job to craft something that addresses that. We have given ample notice to <br />individuals who came out. We are not being ask to write a flood hazard zoning provision from the get go, we are <br />being ask to do a procedural thing to shift this into a competent of the zoning ordinance where we are going to be <br />moving to unify development ordinance presumed to what the Board of County Commissioners has indicated and <br />it does not make sense to say stop and not do anything because I think it will be brought into uniform format in <br />any event. <br />Samantha Cabe: Under Farm Exemptions, any non-farm use of farm property, will that include farm roads, gravel <br />roads especially if a residence in on the same property and 1 agree that brings the feds in that preempt the staff but I <br />think brings the whole thing back under the county's umbrella because we are creating this specal flood hazard <br />overlay zoning district which is governed by this ordinance. If we are saying the we are requiring farms to comply with <br />this special overlay zoning district, aren't we saying they have comply with this which is going to be part of our zoning <br />ordinance? <br />Judith Wegner: For the last point, there is a double negative in that it says provisions do not apply except as, which is <br />designed to say is that only in so far as this piece would apply as to what amount to non-farm use of farm property. I <br />don't think there is definition of that in here. I haven't looked at all the case law interpreting that part of the state statue <br />but I remember it says used as a bonafide farm so that the bonafide farming use is what is central to it. <br />Samantha Cabe: My biggest concern is number 3 because it seems what we are saying is that farms are except as <br />they have to be in compliance with this... <br />Judith Wegner: particular slice which is what they have always been required to comply with which is not being <br />imbedded into the zoning ordinance. <br />Samantha Cabe: The Special Flood Hazard Area Overlay Zoning District? <br />Judith Wegner: Yes. It is taking what it used to be called and saying this is the piece of it too. <br />Samantha Cabe: Were farms subject to this prior to now? <br />Craig Benedict: Yes. <br />Jay Bryan: Where were they subject? In the ordinance, the provisions under 1.5 say that provisions of this whole <br />zoning ordinance do not apply. <br />Glenn Bowles: They were subject to the flood damage prevention. <br />Judith Wegner: It is not in the zoning ordinance. <br />Jay Bryan: In that particular section, they were subject to that? <br />Glenn Bowles: To the flood standards, yes. <br />Jeffrey Schmitt: Number 2 which states, including all applicable flood rate maps, so the map was drawn by FEMA and <br />FEMA outlined the maps on page 89? <br />Glenn Bowles: Yes. <br />Jeffrey Schmitt: The County does not have a restriction for the creation of a flood plain district greater than FEMA? <br />Glenn Bowles: That is correct. <br />Mary Bobbitt-Cooke: I would like to offer a friendly amendment. I think it would behoove us to have a state lawyer look <br />at this language to see if is consistent with state law. I think that Counselor Gledhill did a good job but I would not want <br />to put something in place and find out we guessed wrong. <br />
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