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Agenda - 12-02-1985
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Agenda - 12-02-1985
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10/6/2016 8:54:25 AM
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9/14/2016 10:24:49 AM
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BOCC
Date
12/2/1985
Meeting Type
Regular Meeting
Document Type
Agenda
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imFr filim- as nAmmiliata aeo,Afirszb 1% urea <br /> 11J <br /> PAGE 7 <br /> intent to grant a partial width to additional lots <br /> • using the same rights—of—way. <br /> VOTE: 10 in favor . - <br /> L opposed [Gordon opposed to granting of partial <br /> width right—of—way to the McDonalds because she <br /> felt the road was too small . • <br /> Item #7a : PROPOSED ZONING ORDINANCE TEXT AMENDMENTS <br /> Presentation by Gordon . <br /> • <br /> Article XX DEFINITIONS <br /> • <br /> In a letter dated August 16, 1904 to the Orange <br /> County Board of Commissioners . from Geoffrey <br /> Gledhill, the County: Attorney advised- that the <br /> definitions of "farming" and "bonafide farm" not he <br /> defined in - the ordinance unless Orange County <br /> receives express statutory authority to defin <br /> • those terms . <br /> Smith indicated that even where Local <br /> have pursued enabling legislation to define farms <br /> and farming for purposes of Local ordinances the <br /> • <br /> • court has in some cases overturned some <br /> • definitions . <br /> Walters inquired what the definition of farms and <br /> farming would then be Smith 'resonded the state <br /> definition . Pi lkey 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 treditionally• 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 Walters if he had a concern with the <br /> • state definition . Walters responded no , adding <br /> that there would he 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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