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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 4, 2000 <br />Action Agen a <br />Item No. <br />SUBJECT: Stream Buffer Zoning Ordinance Amendments <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO <br />ATTACHMENT(S): <br />Administration Ordinance w/Attachment <br />Post PH to Planning Board Ordinance <br />Draft Minutes November 2, 2000 Planning <br />Board <br />Public Hearing Ordinance <br />Draft Minutes of August 28"' Public Hearing <br />INFORMATION CONTACT: <br />Robert P. Davis, Planner III, Ext. 2580 <br />Craig Benedict, ,Director, Ext. 2592 <br />TELEPHONE NUMBERS: <br />Hillsborough 732-8181 <br />Chapel Hill 968-4501 <br />--Durham 688-7331 <br />Mebane 336-227-2031 <br />PURPOSE: To make a decision on the proposed Stream Buffer Amendments. <br />BACKGROUND: <br />Request <br />• Amend the Stream Buffer and related sections in the Zoning Ordinance <br />• Provides clearer and language to users to help calculate stream buffers consistently <br />• Adds new definition in Zoning Ordinance for Usable Lot Area <br />• Adds new definition in Zoning Ordinance for Federal Emergency Management Agency <br />• Sets minimum square footage of lots that must be unencumbered by stream buffers, <br />easements, water bodies, wildlife corridors, etc. <br />• Establishes minimum 50-foot (each side) stream buffers for perennial (blue line) and <br />intermittent (dashed blue line) streams outside of Watershed Protection Overlay Districts <br />• This zoning text amendment does not affect bona fide farming operations. N.C. General <br />Statute 153A-340 specifically exempts bona fide farms from zo^ nina regulations. Stream <br />buffers enforced through zoning ordinances will not apply to bona fide farms. As a contrast, <br />the Neuse River Basin rules are not enforced through zoning and therefore do apply to bona <br />fide farms. <br />Location <br />Amendments will apply to the entirety of Orange County lying outside the municipalities and <br />their extraterritorial jurisdictions, if any. <br />Develo ment Process Schedule and Action <br />• First Action: Public Hearing was held on August 28, 2000 <br />• Question raised as to whether these regulations will apply to farm operations <br />• Bona fide farm exemption (N.C. General Statute 153A-340) applies as long as the <br />County regulates stream buffers under the zoning ordinance <br />• Referred amendment to the Planning Board for a recommendation back to the Board of <br />County Commissioners <br />