Orange County NC Website
*IV -B -8-g WAIVER OF LANDSCAPING AND BUFFER REQUIREMENTS <br />*Amended In some cases, the strict adherence to this section of the ordinance <br />10 -3 -88 would serve no useful purpose, such as when: <br />4 -17 -90 <br />1) the topography of a site and/or the size of a proposed lot is <br />sufficient to serve the purpose of a buffer; <br />2) existing structures, utilities, gardens or active farmland are located <br />in the buffer or setback areas; or <br />3) an existing residence or structure with established lawn areas <br />and/or plant beds is contained within a proposed subdivision lot. <br />When a proposed lot includes one or more of the conditions listed above, <br />the Planning Director is empowered to waive the requirements for <br />screening or additional landscaping provided that the request is submitted <br />in writing stating the reason for such request, and the spirit and intent of <br />this ordinance is adhered to. <br />Although the buffer planting requirements may be waived in certain cases, <br />the dimensional aspect of the Land Use Buffer remains in effect. The <br />width and location of a required Land Use Buffer shall be indicated on the <br />approved final plat and cannot be reduced or altered without approval <br />from the Planning Director in the case of minor subdivisions, or the Board <br />of County Commissioners in the case of major subdivisions. <br />In all such cases the applicant for waiver must submit a written application <br />to the Planning Director setting forth the facts relied upon to support the <br />application. The Planning Director, or his designee, shall file in his office <br />and deliver to the applicant a written decision on the application which <br />decision shall contain a statement of the facts relied upon by the Planning <br />Director to either deny or approve the application for waiver. <br />* IV -B -9 DELETED <br />*Amended <br />1/4/94 <br />C{i7 <br />