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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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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 all 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.Damiage Pievention Ordinance. inclusion of these provisions in the <br />Zoning Ordinance which would allow for the. elimination of the FDPO as a• separate <br />prdinanec, will .be undertaken in the future 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 Noj1h Carolina Supreme Court decisions dispussed above. The <br />original plan to delay incorporation of the FDPO until the adoption of the Unified <br />Development Ordinance xnay no longer be an option if the County wishes to participate <br />in the NFYP in 20077 <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 person or agency that submits an application. Specifically; Section 2Q.3.2(b) <br />requires that applications for text amendment contain, among other items, a written <br />statement which describes "in detail" ebanges.which the applicant proposes to make. The <br />completed application is then reviewed by the Zoning Officer who causes an analysis to <br />be made of the application and prepares a recommendation for consideration by the. <br />Planning. Board and the. BOCC. Thereafter, the BOCC and. the Planning Board hold a <br />property noticed joint public hearing on the proposed amendment.. Section 20.6.1 of the <br />Zoning Ordinance requires that `2%ti ce 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 hearng 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 />` <br />data 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 FIRM into the Zoning.. <br />Ordinance: Article 2U that additional notice procedures be followed in the case <br />cif a •map amendment Specifically, Section 20.63 requires the County to provide written <br />notice of the public•heariing via certified mail to the alf1'ected'•property owners and all <br />adjacent properly owners whose property lies within five hundred feet of the affected <br />proper- This notice must be sent no less'than fifteen days.befare 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 shall not consider enactment of the proposed amendment until the <br />Planning Board makes its recommendation or takes no action on the application. Tlie.. <br />BOCC then makes its decision on the amendment. <br />
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