Orange County NC Website
Attachment 1 Article 1: AdministratiO4 <br /> Section 1.1: General Provisions <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, including the provisions of NC General Statutes <br /> 160D-913, this Ordinance applies to all development, public or private, within the <br /> unincorporated area of Orange County or outside of existing municipal extra-territorial <br /> jurisdictional boundaries, or established Joint Planning Areas, approved by the County <br /> 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 than one <br /> local government, the local governments may, with the written consent of the landowner, <br /> assign exclusive planning and development jurisdiction for the entire parcel to any one of <br /> those local governments, in accordance with the intent and process prescribed in NCGS <br /> 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 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 applicant. <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 160D, Article 7 do not apply to <br /> property used for bona fide farm purposes, as defined within North Carolina General Statutes, <br /> 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 /> Orange County, North Carolina—Unified Development Ordinance Page 1-3 <br />