Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 1: Administration 11 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. 9 Relationship with Other Laws, Covenant, or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or f eral law, the more restrictive provision governs, to the extent permitted by law. T e more restrictive provision is the one that imposes greater restrictions or more st ngent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with pr isions found in other adopted ordinances or regulations of the County, the more r strictive provision verns. The more restrictive provision is the one that imposes reater restrictions or mo stringent controls. (C) In acc dance with this Ordinance, a property owner may e required to record deed restrictio , covenants, or other legal documentation ou ning development limitations imposing regulatory standards on the p etual development and/or use of property. ile the County may require such le documents to be recorded as part of the norm, orm development review process, t e County has no enforcement authority over priv a covenants or deed restri ons that are not based on development limitatio s imposed by this Ord' ance. This Ordinance is not intended to interfere with, abrog or annul any ea ment, covenant, deed restriction or other agreement between priva parties. Ora e County does not enforce private agreements. (D) Town of Chapel Hill Land Deve ent Standards: The regulations governing the use of land and structures as co 'ned in the Town of Chapel Hill Land Development Ordinance are reby dopted by reference as fully as though set forth herein. The regulations sh be applic le to that portion of the Transition Area located within the Chapel ill Joint Deve ment Review Area as prescribed in the adopted Joint Planning rea Land Use Pla nd the adopted Joint Planning Area Land Use Map. (E) Town of Carrboro and Development Standards: he regulations governing the use of land and stru ures as contained in the Town of rrboro Land Use Ordinance are hereby adopt d by reference as fully as though set for herein. The regulations shall be ap icable to that portion of the Transition Area Gated within the Carrboro Joint De Iopment Review Area as prescribed in the adop d Joint Planning Area Land e Plan and the adopted Joint Planning Area Land Us Map. (F) Th Jordan Water Supply Nutrient Strategy Rules and riparian b er protection rules ( rdan Lake Rules)of 15A NCAC 02B .0265, .0267 and .0268, ap to all lands ithin the Jordan Lake Watershed portion of Orange County. Wherev standards of the Jordan Lake Rules and the standards listed in this ordinance differ, a more restrictive provisions shall apply. G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules nd the riparian buffer protection rules (Neuse Rules)of 15ANCAC 02B .0235, .024 , .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