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Agenda - 11-19-1985
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Agenda - 11-19-1985
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10/6/2016 8:39:09 AM
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9/12/2016 4:33:48 PM
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BOCC
Date
11/19/1985
Meeting Type
Regular Meeting
Document Type
Agenda
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1)RAFT mum& 8 MIN 5 <br /> 0.91 <br /> PAGE 7 <br /> intent to grant a partial width to additional Lot - <br /> ,. <br /> • using the same rights—of—way. <br /> VOTE: 10 in favor . • <br /> L opposed (Gordon opposed to granting of partia <br /> width right—of—way to the McDonalds because sh., <br /> felt the road was too smell. <br /> Item #7a: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS <br /> Presentation by Gordon . <br /> Article XX DEFINITIONS <br /> In a letter dated August 16, 1994 to the Drang , <br /> County Board of Commissioners from Geoffre <br /> Gledhill, the County : Attorney advised, that th- <br /> definitions of "farming" and "bonefide farm" not b . <br /> defined in- the ordinance unless Orange Count <br /> receives express statutory authority to define <br /> those terms. <br /> Smith indicated that even where Local jurisdictions <br /> have pursued enabling Legislation . to define farms <br /> and farming for purposes of Local ordinances the <br /> court has in some oases overturned , some <br /> definitions. <br /> Walters inquired what the definition of farms and <br /> farming would then be . Smith 'resonded the state • <br /> definition . Pilkey noted this is a broad <br /> definition . Smith continued that the critical <br /> issue with the state definition is that' it has been <br /> determined to include commercial activities beyond <br /> those recognized traditionally' where the definition <br /> has been tested in court, for example, retail sales <br /> at greenhouse establishments. Gordon noted that <br /> the desire is to regulate the commercial aspects. <br /> Kramer asked Waiters if he had a concern with the <br /> state definition . Walters responded no , adding <br /> that there would' be no need to obtain enabling <br /> legislation if the proposed farm legislation was <br /> approved. <br /> Jacobs expressed concern that the County was giving <br /> up a better definition . <br /> . Gordon indicated that the County could explore <br /> statutory authorization from the State or pursue <br /> other alternatives . <br /> Kizer noted that the courts do no Like Local <br />
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