Orange County NC Website
Article 1: Administration <br /> Section 1.1: General Provisions <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 1-3 <br /> <br />1.1.6 Applicability and Jurisdiction <br />Except as otherwise expressly stated, this Ordinance applies to all development, public or private, <br />within the unincorporated area of Orange County or outside of existing municipal extra-territorial <br />jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of <br />Commissioners, to the extent allowed by law. <br />1.1.7 Conformance with Adopted Plans <br />(A) The provisions of this Ordinance, and any proposed amendment thereto, shall be <br />consistent with the goals and policies included in the Orange County Comprehensive <br />Plan and/or any specialized study approved by the Orange County Board of <br />Commissioners relating to land use development within the County’s planning <br />jurisdiction. <br />(B) The enforcement, interpretation, and application of the standards contained herein shall <br />be consistent with the goals and policies of the Comprehensive Plan and shall not create <br />a situation that is inconsistent with the goals and policies contained therein. <br />1.1.8 Regulation of Farming and Bona Fide Farm Activities <br />The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not <br />apply to property used for bona fide farm purposes, as defined within North Carolina General <br />Statutes, except as follows: <br />(A) Any non-farm use of farm property, <br />(B) Compliance with all regulations required to be imposed by the Federal Emergency <br />Management Agency (FEMA) through the National Flood Insurance Program including all <br />applicable Flood Insurance Rate Maps (FIRM), and <br />(C) Compliance with the Orange County flood damage prevention regulations as detailed <br />within this Ordinance. <br />1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions <br />(A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law, <br />the more restrictive provision governs, to the extent permitted by law. The more <br />restrictive provision is the one that imposes greater restrictions or more stringent controls. <br />(B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in <br />other adopted ordinances or regulations of the County, the more restrictive provision <br />governs. The more restrictive provision is the one that imposes greater restrictions or <br />more stringent controls. <br />(C) In accordance with this Ordinance, a property owner may be required to record deed <br />restrictions, covenants, or other legal documentation outlining development limitations or <br />imposing regulatory standards on the perpetual development and/or use of property. <br />While the County may require such legal documents to be recorded as part of the normal <br />development review process, the County has no enforcement authority over private <br />covenants or deed restrictions that are not based on development limitations imposed by <br />this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any <br />easement, covenant, deed restriction or other agreement between private parties. <br />Orange County does not enforce private agreements. <br />(D) Town of Chapel Hill Land Development Standards: The regulations governing the use of <br />land and structures as contained in the Town of Chapel Hill Land Development <br />Ordinance are hereby adopted by reference as fully as though set forth herein. The <br />regulations shall be applicable to that portion of the Transition Area located within the <br />Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning <br />Area Land Use Plan and the adopted Joint Planning Area Land Use Map. <br /> 3