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80 <br />Notice Re uirements <br />The proposed amendments at issue aze designed to not only incorporate the FDPO into <br />the Zoning Ordinance, but they are also designed to update the current regulations with current <br />mapping data and to address several technical deficiencies noted in the recent Community <br />Floodplain Management Regulations Review. Letters to you and the Planning Director from <br />Brian dated December 12, 2006 and January 5, 2007 outline the reasons why the FDPO should <br />be incorporated into the Zoning Ordinance and why amendments to the FDPO should be handled <br />in the same manner as amendments to the County's Zoning Ordinance and Zoning Atlas. These <br />letters echoed the view of the State Attorney General's office, that the FDPO should be amended <br />in the same manner as required for the amendment of zoning regulations generally. <br />We are aware of the significant expense and administrative work that went into sending <br />certified mailings to ail affected property owners and those property owners within 500 feet of <br />affected property given the large number of property owners who fall within the "notice ring". <br />However, this notice is necessary given the fact the proposed amendments are in fact "zoning <br />regulations" as discussed above. "[A] zoning ordinance or an amendment thereto which is not <br />adopted in accordance with the enabling statutes is invalid and ineffective." Sellers v. Cit~f <br />Ashville, 33 N.C. App. 544 (1477). Because the County's notice requirements do not permit <br />notice by publication when there is a Iarge number of affected property owners, the numerous <br />mailings prepared by the Planning Department are necessary in order to implement the proposed <br />changes to the FDPO and the Zoning Ordinance. <br />We also recognize the significant public outreach effort that was necessary to comply <br />with the amendment process within the County's Zoning Regulations and inform the public <br />about the proposed new flood regulation construct. Please let us know if we can offer additional <br />assistance to you in this complicated amendment process. <br />COLEMAr <br />Attachments <br />cc: Board of County Commissioners <br />' Valerie P. Foushee, Chair <br />Alice M. Gordon <br />~EK P.C. <br />Pam Hemminger <br />Best Regards, <br />