PH ORD-1997-042 Zoning Oradinance Text Amendment Article 6.23 Watershed Protection Overlay Districts Article 22 Definitions

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• t�E PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.23 Watershed Protection Overlay Districts ARTICLE 22 Definitions ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: NC Division of Water Quality STAFF PRIORITY RECOMMENDATION: —X_High Middle Low Comment: PUBLIC HEARING DATE: November 24, 1997 PURPOSE OF AMENDMENT: To amend Orange County watershed protection regulations in response to comments from the NC Division of Water Quality on compliance with the State mandate. IMPACTSASSUES: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon themafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality(DWQ),responsible: for reviewing the ordinances for all NC counties and municipalities within water supply watersheds,returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word"sludge"to"residual"; • Change references from"Division of Environmental Management"to "Division of Water Quality"; and • Clarify definitions for Major Variance,Minor Variance,and Discharging Landfill . One of the revisions in the attached letter(item 4.b-definition of Non- Conforming Lot of Record)is not necessary. The Zoning Ordinance already contains a definition of Non-Conforming Lot which satisfies the state requirement. DWQ staff was not aware of this definition when their letter was written, and indicated during a phone conversation with Planning Staff on October 3, 1997 that revision to the current definition was not necessary. Likewise, DWQ staff was unaware that the Zoning Ordinance already defines Discharging Landfill. The existing definition needs to be revised only to state that