ack Straw owns the tract $($shown below$)$ located on the Cape Fear River in Lee County. The land is in a part of Lee County that is zoned $"$R$-$A $($Residential Agricultural$)."$ According to the Unified Development Ordinance $($UDO$)$ for Lee County, the only allowable uses of land in an RA zone are farming, forestry, residential living, and home$-$based businesses.

Jack has been approached by Cypress Strata Solar, LLC to develop a solar facility, and two sites on his land are proposed $($see map$).$ Assume that Jack's site is suitable according to the NC Utilities Commission's most recent request $($RFP$)$ for proposed solar sites. Assume also that solar facilities are considered a "light industrial" use under Lee County's UDO. Assume also also that this particular site $-$ as an energy facility $-$ requires a federal permit issued by the Federal Energy Regulatory Commission $($FERC$).$ The next four questions concern issues associated with this proposed project.

QUESTION ONE: As an initial zoning matter, may Jack Straw develop his property for solar generation as a matter of right?

Question $15$Select one:

a$.$

No$,$ because his tract is zoned R$-$A$,$ which does not allow industrial uses

b$.$

Yes, but only if Jack is granted a special use permit by Lee County after proper public hearings as required by the UDO

c$.$

Yes, because his right to develop his property for its highest and best use is protected by the US Constitution Fifth Amendment takings clause