Orange County NC Website
BOCC Adopted Ordinance <br />(With Changes made by BOCC) <br />For the purpose of determining compliance with or applicability of <br />Article 6.23 of this Ordinance, existing development is defined as a <br />residential or non-residential structure which: <br />1) was constructed prior to January 1, 1994 (October 19, 1999, <br />with respect to the October 19, 1999 amendments related to the <br />CANE-CA and CANE-PW districts; and September 19, 2001 <br />with respect to the Stream Buffer/Usable Lot amendments; and <br />May 20, 2003 with respect to the Stream Classification <br />Amendments), or <br />2) was constructed in accordance with a valid building permit <br />issued prior to January 1, 1994 (October 19, 1999, with respect <br />to the October 19, 1999 amendments related to the CANE-CA <br />and CANE-PW districts and September 19, 2001 with respect to <br />the Stream Buffer/Usable Lot amendments; and May 20, 2003 <br />with respect to the Stream Classification Amendments) or <br />3) was included as part of a Site Specific Development Plan <br />approved by the Board of Commissioners prior to January 1, <br />1994 (October 19, 1999 with respect to the October 19, 1999 <br />amendments related to the CANE-CA and CANE-PW districts <br />and September 19, 2001 with respect to the Stream <br />Buffer/Usable Lot amendments and May 20, 2003 with <br />respect to the Stream Classification Amendments); or <br />4) had otherwise established a vested right under North Carolina <br />Zoning law prior to January 1, 1994 (October 19, 1999 with <br />respect to the October 19, 1999 amendments related to the <br />CANE-CA and CANE-PW districts and September 19, 2001 <br />with respect to the Stream Buffer/Usable Lot amendments <br />and May 20, 2003 with respect to the Stream Classification <br />Amendments). <br />Existing development is hereby deemed to be conforming with <br />respect to requirements of Article 6.23 of this Ordinance. Periodic <br />updates to FEMA maps may affect structures located within the <br />floodplain of specific streams. The zoning ordinance text <br />amendments dated September 19, 2001 and May 20, 2003 only <br />affect the Stream Buffer section of the ordinance and are not meant <br />to supersede any FEMA regulations or requirements. <br />Section 5. Amend Article 6.24.1 Additional Requirements for Lots Outside of <br />Watershed Protection Areas to read as follows:. <br />In areas not identified on the Official Zoning Atlas as Watershed <br />Protection Overlay Districts, a stream buffer a minimum of 50 feet in <br />width shall be established along both sides of streams s#~ewr} identified <br />as by any of the following means: 1) shown as solid blue lines a~ or <br />