Orange County NC Website
082 . <br /> Mr. Marvin Collins Page Two January 4 , 1988 <br /> restrictive covenants in any other context . Certainly <br /> any requirement for restrictions imposing lot size <br /> requirements in excess of that required in the <br /> subdivision regulations and zoning ordinance are <br /> without authority in either the subdivision regulations <br /> or the zoning ordinance . <br /> Finally, you asked about County liability by <br /> acting in contradiction to recorded covenants and <br /> particularly if the covenants served as the basis for <br /> initial approval of the project . Generally speaking <br /> the County should not act in contradiction to <br /> previously imposed requirements . This should only be <br /> done where ordinance changes make it necessary. Also <br /> generally speaking the County ' s development review <br /> process is. not limited by restrictive covenant <br /> conditions or requirements . For example , County <br /> building permits must issue if the proposed building <br /> meets all County subdivision regulation requirements <br /> and zoning requirements, including set backs even if <br /> the structure if built as proposed would violate <br /> restrictive covenants . Restrictive covenant <br /> enforcement is a matter for the private landowners <br /> a affected by the restrictions. <br /> 0 <br /> Very truly yours , <br /> A -go e E. G -dhill <br /> 0 <br /> GEG/lsg <br /> xc : Barry Jacobs , for t•e Plann nq Bo- d <br /> Shirley E. Marshal , for thy- Boa 'd of <br /> County Commissi• •.ers <br />