Orange County NC Website
Browse       Search
For the purpose of determining compliance with or applicability of Article 6.23 of this <br /> Ordinance,existing development is defined as a residential or non-residential structure which <br /> was constructed prior to January 1, 1994; or <br /> 2Z was constructed in accordance with a valid building permit issued prior to January <br /> 1, 1994; or <br /> was included as part of a Site Specific Development Plan approved by the Board of <br /> Commissioners prior to January 1, 1994; or <br /> had otherwise established a vested right under North Carolina Zoning law prior to <br /> January 1, 1994. <br /> Existing development is hereby deemed to be conforming with respect to requirements of <br /> Article 6.23 of this Ordinance. <br /> b) Redevelopment <br /> -. - - - - - . -... . _ eater stormwatcr control than the previous development. <br /> The rebuilding or replacement of residential or non-residential structures which are defined <br /> as existing development according to Article 6.23.11a is allowed,provided that the rebuilding <br /> or replacement does not result in an increase in the amount of impervious surface, and does <br /> not encroach any farther into stream buffers or setbacks from reservoirs than the previous <br /> development. A structure which is rebuilt or replaced in accordance with these provisions is <br /> deemed conforming with respect to setbacks from streams and reservoirs required by Articles <br /> 6.23.7 and 6.23.8 of this Ordinance. <br /> c. Existing Lots <br /> An existing lot, for the purpose of determining compliance with Article 6.23, is defined as a <br /> lot which was created prior to January 1, 1994. <br /> Stream buffers as required by Article 6.23.7, and setbacks for septic systems as required by <br /> Article 6.23.8 may be reduced to the extent necessary to allow development of the lot, <br /> provided that all of the following criteria are met: <br /> 1. The septic system is sized to serve no more than four bedrooms; and <br /> 2. The septic tank, drainfield and repair area (where required) can be accommodated <br /> on 20,000 square feet of area or less; and <br /> 3. The Orange County Planning Staff, in consultation with Orange County <br /> Environmental Health and/or the Orange County Engineer has determined that <br /> encroachment of the structure into the stream buffer and/or encroachment of the <br /> septic system or repair area into the stream buffer or reservoir setback is necessary <br /> in order to provide adequate area for septic disposal and repair while maintaining <br /> required separations between wells, septic systems, structures and property lines; <br /> and <br /> 4. The Orange County Planning Staff, in consultation with Orange County <br /> Environmental Health and/or the Orange County Engineer,has determined that the <br /> 7 <br />