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_ -~.;. ~ - <br />LAW OFFfCES <br />COLEMAN, GLEDHILL, HARGRAVE & PEEK <br />A PROFFSS[ONAL CORPORATION <br />129 E. TRYON STREET <br />P. O. DRAWER 1529 <br />HILLSBOROUGH. NORTH CAROLINA 27278 <br />919.732.21% <br />FAX 919-732.7947 <br />wwar.cg[zp-Eaa.wm <br />April 13, 2009 <br />Mr. Glenn Bowles <br />Orange County Planning Department <br />Flood Damage Prevention Program Administrator <br />Orange County Planning Department <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />FROM THE DESK OF <br />GEOFFREY E. GLEDHILL <br />E-MAIL g~ed6Bl~cghp•lamaro~n <br />Re: Amendments to County Flood Damage Prevention Ordinance <br />Dear Glenn: <br />The purpose of this letter is to: (1) address the applicability of the proposed flood damage <br />prevention regulation to property used for bona fide farm purposes, and {2} address the public <br />notice requirements for zoning atlas and text amendments necessary for incorporating the flood <br />regulations in to the Orange County Zoning Ordinance and Orange County Zoning Atlas. <br />Proaosed Ordinance & Atlas Amendment & Bona Fide Farms <br />N.C. Gen. Stat. § 153A-340 contains the "grant of [zoning] power" to counties from the <br />North Carolina General Assembly. This grant of power limits a county's ability to apply its <br />zoning regulations to property used for bona fide farm purposes.[ The bona fide farm limitation <br />contained in county zoning power has prompted a question about the efficacy of incorporating <br />the current freestanding Flood Damage Prevention Ordinance (the "FDPO" or "Flood <br />Regulations") into the Zoning Ordinance. It is our view, as discussed more fully below, the <br />incorporation of the FDPO into the Zoning Ordinance will not impede or otherwise interfere with <br />the applicability or enforcement of flood damage prevention regulations as they relate to bona <br />fide farms anymore than the existing regulations are impeded by the dual ordinance structure <br />now in place. Further, it is our view the proposed incorporation of FDPO into the Zoning <br />Ordinance will have the beneficial effects of eliminating the redundancy of having two "zoning <br />ordinances" {with separate enforcement and variance procedures within each) in the County and <br />marks a step toward the County's desired goal of creating a unified development ordinance. <br />~8 <br />' This~limitation does not limit a county's power to apply its zoning regulations to the use of farm property for <br />nonfarm purposes. There is no "bona fide farm" limitation in N.C. Gen. Stat. § 160A-381, tbe grant of zoning <br />power to cities and towns. <br />