Agenda - 11-05-2013 - 6c - Laserfiche WebLink

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37 Attachment 6 ORANGE COUNTY ut"t P.O. BOX 8181 Office of the County 200 S. CAMERON STREET Attorney HILLSBOROUGH, NC 27278 TO: Michael Harvey, Current Planning Supervisor FROM: James C. Bryan, Staff Attorney DATE: October 1, 2013 RE: Proposed Amendment for Governmental Uses Requiring Neighborhood Meetings This memorandum is written in response to questions raised by the Board of County Commissioners at the last Quarterly Public Hearing. The Board requested the answers be made available to the Planning Board during their consideration of the matter. Is this proposed amendment preempted by state law because the use is designated as "permitted by right" by the Unified Development Ordinance? No, the proposed amendment would not be preempted by state law. Counties are authorized to enact zoning ordinances by NCGS § 153A -340. Through the general grant of authority and express restrictions (e.g. bona fide farms, manufactured homes, etc.), the County enjoys significant flexibility in the creation of a local zoning ordinance. The proposed amendment would not alter the current rights of the property owners. If a particular use (such as "governmental use ") is proposed, the amendment merely adds administrative burdens, but does not create a basis for refusal. This would be akin to having an expanded application or increased permit fee. There would be no opportunity for refusal of the right other than non - compliance with the administrative process which would include holding the neighborhood meeting. State and municipal jurisdictions must comply with the zoning as long as there is any building or structure involved. See § 153A -347. Vehicular parking areas, passive recreation parks and wetlands mitigation sites are typical examples of land uses exempt from zoning. Note that this applies only to general use districts and that land owned by the state may not be placed in an overlay or special /conditional use district except upon approval of the Council of State. Federal preemption could apply depending on specific projects. Are Volunteer Fire Departments otherwise exempt from zoning ordinances? Volunteer Fire Departments are not otherwise specifically exempted from local zoning ordinances.