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Article 4: Overlay Zoning Districts
<br /> Section 4.2: Watershed Protection
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<br />Orange County, North Carolina – Unified Development Ordinance Page 4-4
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<br />(4)(5) Was either constructed prior to, or constructed in accordance with a valid building
<br />permit issued prior to, or was included as part of a Site Specific Development
<br />Plan approved by the Board of County Commissioners prior to May 20, 2003 with
<br />respect to the Stream Classification Amendments, or
<br />(5)(6) Had otherwise established a vested right under North Carolina Zoning law prior
<br />to January 1, 1994, or October 19, 1999 with respect to the October 19, 1999
<br />amendments related to the CANE-CA and CANE-PW districts, or September 19,
<br />2001 with respect to the Stream Buffer/Usable Lot amendments, or May 20, 2003
<br />with respect to the Stream Classification Amendments.
<br />(G) Existing development is hereby deemed to be conforming with respect to requirements of
<br />Sections 4.2, 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3) of
<br />this Ordinance. Periodic updates to FEMA maps may affect structures located within the
<br />special flood hazard area of specific streams. For purposes of complying with impervious
<br />surface limitations, roadways within subdivisions classified as existing development shall
<br />not be counted as part of a parcels impervious surface area.
<br />(H) Redevelopment
<br />(1) The rebuilding or replacement of residential or nonresidential structures which
<br />are defined as existing development according to subsection (F) above is
<br />allowed, provided that the rebuilding or replacement does not result in an
<br />increase in the amount of impervious surface, and does not encroach any farther
<br />into stream buffers or setbacks from reservoirs than the previous development.
<br />(2) A structure which is rebuilt or replaced in accordance with these provisions is
<br />deemed conforming with respect to setbacks from streams and reservoirs
<br />required by Section 6.13 of this Ordinance.
<br />(I) Existing Lots
<br />(1) An existing lot, for the purpose of determining compliance with Sections 4.2 and
<br />6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3), is
<br />defined as:
<br />(a) A lot which was created prior to January 1, 1994, or
<br />(b) A lot within the Cane Creek watershed which was created prior to
<br />October 19, 1999, with respect to the October 19, 1999, amendments
<br />related to the CANE-CA and CANE-PW districts, or
<br />(c) Non-conforming lots of record.
<br />(2) Stream buffers as required by Section 6.13, and setbacks for septic systems as
<br />required by Section 4.2.9 may be reduced to the extent necessary to allow
<br />development of the lot, provided that all of the following criteria are met:
<br />(a) The septic system is sized to serve no more than four bedrooms; and
<br />(b) The septic tank, drainfield and repair area (where required) can be
<br />accommodated on 20,000 square feet of area or less; and
<br />(c) The Orange County Planning Department, in consultation with Orange
<br />County Environmental Health and/or the Orange County Staff Engineer
<br />has determined that encroachment of the structure into the stream buffer
<br />and/or encroachment of the septic system or repair area into the stream
<br />buffer or reservoir setback is necessary in order to provide adequate
<br />area for septic disposal and repair while maintaining required
<br />separations between wells, septic systems, structures and property lines;
<br />and
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