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Planning Board - 030321 ORC Agenda Packet
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Planning Board - 030321 ORC Agenda Packet
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3/3/2021
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Ordinance Review Committee notes - 030321
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Minutes\2021
Planning Board - 030321 ORC Agenda Packet - Replacement Att 1 - 160D
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Agendas\2021
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7 <br /> Article 1: Administration <br /> Section 1.1:General Provisions <br /> (A) Correct a manifest error in the Ordinance,or <br /> (B) Extend the boundary of an existing zoning district,because of changed or changing <br /> conditions in a particular area or in the county generally,or <br /> (C) Rezone an area either to a different conventional zoning district;or conditional zening <br /> district,PrGenditienal, e a,S*.,Gt r <br /> (D) Change the regulations and restrictions thereof. <br /> Amendments shall be reasonably necessary to promote the public health,safety,and general <br /> welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereof. <br /> 1.1.6 Applicability and Jurisdiction <br /> (A) Except as otherwise expressly stated,this Ordinance applies to all development,public <br /> or private,within the unincorporated area of Orange County or outside of existing <br /> municipal extra-territorial jurisdictional boundaries,or established Joint Planning Areas, <br /> approved by the County Board of Commissioners,to the extent allowed by law. <br /> (B) Split Jurisdiction <br /> If a parcel of land lies within the planning and development jurisdiction of more <br /> than one local government,the local governments may,with the written consent <br /> of the landowner,assign exclusive planning and development jurisdiction for the <br /> entire parcel to any one of those local governments,in accordance with the intent <br /> and process prescribed in NCGS 160D-20V <br /> 1.1.7 Conformance with Adopted Plans <br /> 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 /> (1) If a Zoning Atlas amendment is adopted and the action is deemed inconsistent <br /> with the adopted Comprehensive Plan,the Zoning Atlas amendment shall have <br /> the effect of also amending the Future Land Use Map of the Comprehensive <br /> Plan. <br /> (a) In such a case,no additional application or fee for a Comprehensive <br /> Plan amendment shall be required of the applicants <br /> WLgL_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 <br /> create a situation that is inconsistent with the goals and policies contained therein. <br /> 3 Section 160D-703 standardizes zoning district terms. The former"general use"district is now termed <br /> "conventional"district. Conditional Zoning Districts are now termed"conditional district." <br /> 4 With the adoption of 160D,state statutes now include a planning and development process for parcels split by <br /> jurisdiction. Staff is not spelling out the exact process in the UDO,in case the statutory language were to change in <br /> the future(and,therefore,necessitate a UDO text change)but the general process is that each local government <br /> would have to formally adopt a resolution regarding the planning jurisdiction for the parcel(s)in question and the <br /> resolution is recorded with the register of deeds. Taxation and other non-regulatory matters would not be <br /> affected. <br /> 5 The proposed language is the current State law,found in Chapter 160D-605. Staff is suggesting adding the <br /> language to the UDO to provide clarity on the process in such situations. <br /> Orange County,North Carolina—Unified Development Ordinance Page 1-3 <br />
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