Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments

Browse Search

Article 1: Administration Section 1.1: General Provisiog 1.1.5 - ement of Intent-Amendments For the pur.. - of establishing and maintaining sound, stable and desi -• e development within Orange County t •rdinance shall not be amended except to: (A) Correct a manifest - • in the Ordinance, or (B) Extend the boundary of an e - • • ng district, because of changed or changing conditions in a particular are- . in = ounty generally, or (C) Rezone an area e• • - to a different zoning di • conditional zoning district, or conditional :- district, or (D) •: ge the regulations and restrictions thereof. endments shall be reasonably necessary to promote the public health, safety, :•d general welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereo . 1.1.6 Applicability and Jurisdiction Except as otherwise expressly stated, this Ordinance applies to all development, public or private, within the unincorporated area of Orange County or outside of existing municipal extra-territorial jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of Commissioners, to the extent allowed by law:. 1.1.7 Conformance with Adopted Plans • The provisions of this Ordinance, and any proposed ame..- -nt thereto, shall be •-_ tent with the goals and policies included i• -- •range County Comprehensive Plan and o .ecialized study ap• ••-. •y the Orange County Board of Commissioners relatin• -.. . e development within the County's planning jurisdiction. (B) The -• • cement, interpretation, and application o - -ndards contained herein shall .e consistent with the goals and policies of the Comprehensi - ' -• and shall not create a situation that is inconsistent with the goals and policies contained there . 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not apply to property used for bona fide farm purposes, as defined within North Carolina General Statutes, except as follows: (A) Any non-farm use of farm property, (B) Compliance with all regulations required to be imposed by the Federal Emergency Management Agency (FEMA)through the National Flood Insurance Program including all applicable Flood Insurance Rate Maps (FIRM), and (C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning Districtflood damage prevention regulations as detailed within this Ordinance. .' Relationship with Other Laws, Covenant, or Deed Restrictions (A) .e provisions of this Ordinance are inconsistent with those of stat- - • or federal law, the mo - - trictive provision governs, to the extent permitt-• •' aw. The more restrictive proves •- • the one that imposes greate - rictions or more stringent controls. (B) If the provisions of this Ordina - -re ••-• sistent or conflict with provisions found in other adopted ordinances or -:. atio e he County, the more restrictive provision governs. The more r-- • ive provision is the o = •at imposes greater restrictions or more strin•-• •ntrols. (C) • -ccordance with this Ordinance, a property owner may be require. : -cord deed restrictions, covenants, or other legal documentation outlining development Ir : ins or Orange County, North Carolina—Unified Development Ordinance Page 1-3