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ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
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ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
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Last modified
6/4/2015 4:06:52 PM
Creation date
9/4/2009 4:22:37 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5b
Document Relationships
Agenda - 04-21-2009 - 5b
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 04-21-2009
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N_ otice Re uIrements <br />The <br />, proposed amendments at issue are 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 Generalv s office, that th FDPO shud be amended <br />in the same manner as required for ment of zoning regulerally- <br />W are aware of the significant expense and administrative work that went into sending <br />within 500 feet 0 ' f <br />certified mailings to all affected property, owners and those property owners "notice rineo. <br />affected property given the large, number of Property Owners who fall within the <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. City <br />Ashville, 33 N.C. App. 544 (1977). Because the County's notice requirements do not permit <br />notice by publication when there is a large number of affected property owners, the numerous <br />i <br />mailings prepared by the Planning Department are necessary n 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 />complicated ssistance to you in amendment process. . , <br />COLEMAN <br />Attachments <br />. Best Regards, <br />cc: Board of County Commissioners <br />Valerie P. Foushee, Chair <br />Alice A Gordon <br />Pam Homminger <br />':EIC P.C. <br />RE <br />
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