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Article 4: Overlay Zoning Districts 21
<br /> Section 4.2:Watershed Protection
<br /> (2) 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 February 12, 1997
<br /> with respect to the Town of Hillsborough purchase of property associated with
<br /> expanding the West Fork of the Eno reservoir; ors
<br /> M(3) 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 October 19, 1999
<br /> with respect to the October 19, 1999 amendments related to the CANE-CA and
<br /> CANE-PW districts, or
<br /> (3)(4) 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 September 19,
<br /> 2001 with respect to the Stream Buffer/Usable Lot amendments, or
<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.
<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 /> (1) 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 Upper Eno watershed which was created prior to
<br /> February 12, 1997 with respect to the Town of Hillsborough purchase of
<br /> property associated with development of the West Fork on the Eno
<br /> reservoir; or
<br /> z This language is consistent with how the UDO currently references what constitutes'existing development'.
<br /> What the proposal does is formalize what constitutes existing development as it relates to the West Fork on the
<br /> Eno.
<br /> Orange County, North Carolina—Unified Development Ordinance Page 4-4
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