Orange County NC Website
Browse       Search
94 <br />Planning Staff recommended this course of action when the FDPO was amended <br />at the August 28, 1995 BOCC meeting. The abstract for this item states that "Since the <br />Zoning Ordinance now applies to alt of Orange County's planning jurisdiction, the <br />requirements of the NFIP could be included in the Zoning Ordinance rather than in a <br />freestanding Flood. Damage Prevention Ordinance. inclusion of these provisions in the <br />Zoning Ordinance which would allow for the elimination of the FDPO as a' separate <br />Ordinance, will be undertaken in the fuha~e during the process of creating a Unified <br />Development Ordinance." The BOCC meeting abstract making this recommendation is <br />also attached. The timeline for integrating the FDPO into the Zoning Ordinance has been <br />compressed .due to North Carolina Supreme Court decisions discussed above. The <br />original plan to delay incorporation of the FDPO until the adoption of the Unified <br />Development Ordinance may no longer.be an option if the County wishes to participate <br />in the NFIP run 2007. <br />Section 20.2 of the Zoning Ordinance permits an amendment to be initiated by the <br />Board of County. Commissioners on its own motion {the ""BOCC"), the Planning Board, <br />or by any Berson or agency that submits an application. Specifically; Section 20.3.2(b} <br />requires that applications for text- amendment contain, among other items, a written <br />statement which describes "in detail" changes.which the applicant proposes to make. The <br />completed application is then reviewed by the Zoning Offiicer who causes an analysis to <br />be made of the application and prepazes a recommendation for consideration by the. <br />Planning Board and the BOCC. Thereafter, the BOCC and the Planning Board hold a <br />properly noticed joint public hearing on the proposed amendment.. Section 20.6.1 of the <br />Zoning Ordinance requires that `2lotice of public hearing shall. be given by publishing <br />said notice at least twice in a newspaper of general circulation in the County, stating. the <br />time and place of such hearing and the substance of the proposed amendment." The first <br />notice must be published not less than ten days nor more than twenty-five days before the <br />date of the public hearing. ~ ~ - <br />As ~ mentioned above, the amendment in ~ this case involves not only a text <br />amendment to the Zoning Ordinance to incorporate the FDPO in its entirety, but also an <br />amendment to the Zoning Atlas to incorporate the newly revised F1ItM into the Zoning <br />Ordinance. Article 24 requires that additional notice procedures be followed in the case <br />of a .map amendment. Specifically, Section 20.6.3 requires the County to provide written <br />notice of the public hearing via certified mail to the affected .property owners and all <br />adjacent property owners whose property. lies within five hundred feet of the affected <br />property_ This native must be sent no less-than fifteen days.before the hearing date. The <br />Zoning Officer must certify to the BOCC that the notices were properly, mailed. <br />Following the date of the public hearing, the proposed amendment shall be <br />referred to the Planning Board for its consideration and recommendation. The Planning <br />Board then submits its recommendation to the BOCC at a date certain under Section <br />20..7.1. The BOCC shalt not consider enactment of the proposed amendment until the <br />Planning Board makes its recommendation or takes no action on the application. The. <br />BOCC then makes its decision on the amendment <br />