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1 <br /> PROPOSED ORDINANCE AMENDMENT <br /> ORDINANCE: ZONING ORDINANCE <br /> REFERENCE: ARTICLE 22 - DEFINITIONS <br /> ORIGIN OF AMENDMENT: Staff Planning Board <br /> BOCC Public <br /> Other: County Attorney <br /> STAFF PRIORITY RECOMMENDATION: High Middle _x_ Low <br /> Comment: <br /> PUBLIC HEARING DATE: February 28, 1994 <br /> PURPOSE OF AMENDMENT: To clearly define the point at which a <br /> subdivision lot is "created" for the <br /> purpose of determining whether or not <br /> the lot is subject to amendments which <br /> may be made to the Zoning Ordinance or <br /> Subdivision Regulations. <br /> IMPACTS/ISSUES: It is often the case that lots which existed <br /> prior to a particular amendment to the Zoning <br /> Ordinance are not subject to the amended <br /> provisions. The date on which a lot is <br /> "created" can be critical in determining <br /> whether or not a lot can be developed in the <br /> manner requested. <br /> From a legal standpoint, a subdivision lot is <br /> "created" at the time that a Final Plat for <br /> the subdivision is recorded with the Register <br /> of Deeds. However, it has been the policy of <br /> Orange County to recognize lots which have <br /> been approved through the applicable review <br /> and approval process as existing, even if the <br /> final step of recording the subdivision has <br /> not occurred. <br /> Major Subdivisions are considered approved <br /> when the Preliminary Plan Resolution of <br /> Approval is adopted by the Board of <br /> Commissioners. It may take months, or in the <br /> case of large subdivisions, several years for <br /> all of the lots to be recorded, depending on <br /> how long it may take to construct roads and <br /> other improvements required as part of the <br /> project approval. Minor Subdivisions are <br /> considered approved upon approval of a Final <br /> Plat by the Planning Staff. The Final Plat <br /> includes conditions which must be met before <br /> the Subdivision can be recorded. The Final <br />