Agenda - 09-18-2001 - 9b - Laserfiche WebLink

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2 • This zoning text amendment does not affect bona fide farming operations. N.C. General Statute 153A-340 specifically exempts bona fide farms from zoning regulations. Stream buffers enforced through zoning ordinances will not apply to bona fide farms. As a contrast, the Neuse River Basin rules are not enforced through zoning and therefore do apply to bona fide farms. Location Amendments will apply to the entirety of Orange County lying outside the municipalities and their extraterritorial jurisdictions, if any. Development Process. Schedule and Action • First Action: Public Hearing was held on August 28, 2000 • Question raised as to whether these regulations will apply to farm operations • Bona fide farm exemption (N.C. General Statute 153A-340) applies as long as the County regulates stream buffers under the zoning ordinance; this amendment does not affect Bona fide farming operations • Referred amendment to the Planning Board for a recommendation back to the Board of County Commissioners • Second Action: Ordinance Review Committee on November 2, 2000 reviewed and recommended unanimously that the Planning Board approve the stream buffers amendment • Third Action: Planning Board on November 2, 2000 recommended approval of the proposed amendments to County Commissioners • Recommended a maximum 65-foot stream buffer in situations where the average slope is 0.00 - 7.50% over a distance of 250 feet • Recommended a maximum 80-foot stream buffer in situations where the average slope is greater than 7.5% over a distance of 250 feet • Recommended vesting procedure for three existing situations • 1) Lots with existing building permits • 2) Septic system repair areas for existing systems • No new septic system or repair areas in stream buffers • 3) Existing structures within the stream buffer • Clarified that the new, revised FEMA maps will not vest structures or situations within the new floodplain cross-sections • Fourth Action: Action continued at the December 4, 2000 meeting for attorney review of the vesting language in the proposed ordinance • Fifth Action: Returned to BOCC for decision FINANCIAL IMPACT: There is no direct, public financial impact associated with this decision. RECOMMENDATION(S): Administration Recommendation: Approval of the attached Ordinance. Planning Board Recommendation: Approval of the attached Ordinance.