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Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda - 05-18-2021; 6-a - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda for May 18, 2021 Board Meeting
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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 <br /> zanindistrict, ^r Genditional use diStFiGt <br /> g <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, <br /> public or private, within the unincorporated area of Orange County or outside of <br /> existing municipal extra-territorial jurisdictional boundaries, or established Joint <br /> Planning Areas, approved by the County Board of Commissioners, to the extent <br /> 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-203.- <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 /> (1) If a Zoninq 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 applicant.- <br /> {A}LLThe enforcement, interpretation, and application of the standards contained herein <br /> shall be consistent with the goals and policies of the Comprehensive Plan and shall <br /> not create a situation that is inconsistent with the goals and policies contained <br /> 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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