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Agenda - 01-05-1987
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Agenda - 01-05-1987
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BOCC
Date
1/5/1987
Meeting Type
Regular Meeting
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Agenda
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061 <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 /> comprehensive plan. . . .* <br /> There is another reason for thinking 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 /> Carolina law, local governments must have a <br /> comprehensive plan and zoning regulations must be "in <br /> accordance with a comprehensive plan." N.C. Gen. Stat. <br /> Section 153A-341. However, our courts have held that <br /> , the comprehensive plan requirement does not require "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 /> Allred v. City of Raleigh., 7 N.C. App. 602, 173 S.E.2d <br /> 533 (1970) rev'd on other grounds, 277 N.C. 530, 178 <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 arbitrarily <br /> or capriciously. Willis v. . Union County, ,�_a^..r� <br /> s N.C. <br /> App. , 335 S.E.2d 76 (1985) . However, 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 requested 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 governments <br /> amend their comprehensive plans de facto. That is, <br /> changes in zoning regulations effectively amend their <br /> comprehensive plans and no separate action is <br /> ordinarily taken on the comprehensive plan. Orange <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 /> Art <br />
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