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LAW OFFICES <br />COLEMAN, GLEDHRJ, HARGRAVE & PEEK <br />A PROFESSIONAL CORPORATION <br />129 F- TPYON SnMET <br />P. O. DRAWER 1529 <br />BUjSBoR0UC;".N0RMCAR0U14A27279 <br />919-737a196 <br />FAX 919 - 732.7997 <br />vww.cgTap-jaw.rnm <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 8191 <br />Hillsborough, NC, 27279 <br />A Lxlowk, I - <br />MOM TM DESK OF <br />GEOFFREY E. GLEDHILL <br />E MAU-- g0a&"C0T-1aW- <br />Re: Amendments to County Mood Damage Pr6ventilm Ordinance <br />Dear 016nn: <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 />Vide <br />Proposed Ordinance & Atlas -Amendmebt & Bona Vide Farms <br />N;C. Gen. Staff. § 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 />e farm purposes.' The bona fide, farm limitation <br />zoning regulations to property. used for bona fide about the efficacy of incorporating <br />contained in county zoning power has prompted a question Ordinance (the "FDPO" or "Flood <br />the current freestanding Flood Damage Prevention Ord more fully below, the <br />Regulatibm?) into 'the Zoning Ordinance. it is our view, as discussed or interfere with <br />incorporation of the FDPO into the Zoning Ordinance will not impede or otherwise <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 />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 inN.C.. Gen. StaL § 160A-381, the grant of zoning <br />power to cities and towns. <br />