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Agenda - 11-24-1986
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Agenda - 11-24-1986
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9/27/2016 9:29:25 AM
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BOCC
Date
11/24/1986
Meeting Type
Public Hearing
Document Type
Agenda
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(., _ -15 <br /> . . <br /> . • <br /> - . Mr. Marvin Collins Page Three October 3, 1986 <br /> individual lots. . . ." This theme is continued in <br /> Section 7.4 which states that "PD districts shall be <br /> appropriately located. ..with respect to the pattern and <br /> timing of existing or proposed development in the, <br /> . <br /> comprehensive plan. . . ." ' - <br /> •-* - <br /> There is another reason for hinking that the - <br /> * comprehensive Plan dictates lot- size where it. <br /> . specifically requires •a particular lot size. Orange <br /> • County's Comprehensive Plan is intricately <br /> . connected/related to its Zoning Ordinance and <br /> ' Subdivision Regulations. As you know, under North - - <br /> . <br /> Carolina law, local governments must have a - <br /> comprehensive plan and zoning regulations" must be win <br /> S accordance with a comprehensive plan." N.C. Gen. Stat. <br /> • <br /> • Section 153A-341. However, our courts have held that <br /> . the comprehensive plan requirement does not kequire an <br /> • • • extensive written plan, such as a master plan based <br /> upon a comprehensive study. ., The ordinance itself <br /> . . may show that the zoning is -comprehensive in nature- " <br /> • <br /> Allred 22,......qyit (,f Raleigh, 7 N.C. App., 602, 173 S.E.2d <br /> • 533 (1970) rev'd on other grounds, 277 N.C. 530, 17a - <br /> S.E.2d 432 (1971) . The comprehensive plan requirement <br /> is said to be one which aids in preventing the local <br /> government from exercising its zoning power arbitrari/ ' <br /> 1r <br /> or capriciously. yWillis v . Onion Count , N.C. <br /> - - App. _, 335 S„E.2d 76 (1985) . 1-14r, —4e37-er"-----as you <br /> know, Orange County very closely links Its <br /> comprehensive plan to its zoning activities. All - <br /> 'requests for a change in -zoning must be measured first <br /> against the permissibility of the kequested change in <br /> accordance with the County's Comprehensive. Plan.. If <br /> the requested land use does not comport with the <br /> Comprehensive Plan, that plan must be changed before <br /> . the zoning request can be granted and in most cases <br /> even considered. This policy and procedure of Orange- <br /> , County varies remarkably from the practice of most <br /> other local governments, Most other local, governmerkts. - <br /> amend their comprehensive plans de facto.. That is <br /> . changes in zoning regulations affect.ively. amend therir- <br /> . comprehensive plans and no separate action• is <br /> ordinarily taken on the comprehensive plan.. Orange <br /> 5 <br /> County follows the policy and practice it does as an <br /> additional protection against arbitrariness and as a <br /> statement to the people of the County that the <br /> - - _ <br />
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