Planning Board - 030321 ORC Agenda Packet - Replacement Att 1 - 160D

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Article 1: Administration 4 Section 1.1: General Provisions 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, oar+ 160D, Article 7 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 flood damage prevention regulations as detailed within this Ordinance. 1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law, the more restrictive provision governs, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in other adopted ordinances or regulations of the County, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (C) In accordance with this Ordinance, a property owner may be required to record deed restrictions, covenants, or other legal documentation outlining development limitations or imposing regulatory standards on the perpetual development and/or use of property. While the County may require such legal documents to be recorded as part of the normal development review process, the County has no enforcement authority over private covenants or deed restrictions that are not based on development limitations imposed by this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. Orange County does not enforce private agreements. (D) Town of Chapel Hill Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (E) Town of Carrboro Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules (Jordan Lake Rules)of 15A NCAC 02B .0265, .0267 and .0268, apply to all lands within the Jordan Lake Watershed portion of Orange County. Wherever standards of the Jordan Lake Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the riparian buffer protection rules (Neuse Rules)of 15ANCAC 02B .0235, .0240, .0233, .0241, and .0242 apply to all lands within the Neuse River Basin portion of Orange County, North Carolina—Unified Development Ordinance Page 1-4