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Planning Board - 030321 ORC Agenda Packet
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Planning Board - 030321 ORC Agenda Packet
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Date
3/3/2021
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Regular Meeting
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Agenda
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Ordinance Review Committee notes - 030321
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Minutes\2021
Planning Board - 030321 ORC Agenda Packet - Replacement Att 1 - 160D
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Agendas\2021
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303 <br /> Article 8: Nonconformities <br /> Section 8.4:Non-Conforming Uses Incompatible with Permitted Uses <br /> (10) When it appears from the developer's plans or otherwise that the non-conforming <br /> project was intended to be or reasonably could be completed in stages, <br /> segments,or other discrete units,the Planning Director shall not allow the non- <br /> conforming project to be constructed or completed in a fashion that is larger or <br /> more extensive than is necessary to allow the developer to recoup and obtain a <br /> reasonable rate of return on the expenditures he has made in connection with <br /> that non-conforming project. <br /> SECTION • <br /> USES <br /> It is the intent of this Ordinance that non-conforming uses shall be considered to be incompatible with the <br /> Permitted Uses within the zoning districts. Such non-conforming uses shall not be enlarged or extended <br /> in any respect. <br /> SECTION <br /> 8.5.1 Timeframe for Abatement <br /> It is the intent of this Ordinance to regulate signs and to provide for the removal of signs that are non- <br /> conforming according to the standards set forth in Section 6.12. For signs in existence on the date of <br /> adoption of this Unified Development Ordinance(April 5,2011): <br /> (A) Within one year of notification by the Planning Director,each sign which does not <br /> comply with the provisions of Section 6.2.10 shall either be altered in such a way as to <br /> bring it into compliance or removed. <br /> (B) Within five years of notification by the Planning Director,all other signs not in <br /> compliance with other provisions of 6.12 shall either be so altered as to bring them into <br /> compliance or be removed by the owner of the property. <br /> SECTION <br /> Any land use that: <br /> (A) Was in existence prior to adoption of zoning regulations and would require the issuance <br /> of a Special Use Permit under terms of this Ordinance,or <br /> (B) Is made non-conforming due to an amendment of this Ordinance changing the review <br /> and approval criteria of said land use from permitted to P ther a Glass 4 or R^ R Special <br /> Use. <br /> Shall be deemed a conforming use of property within the confines of this Ordinance,subject to the <br /> following limitation: Any enlargement,replacement or modification of such a use shall require submittal, <br /> review,and approval of a Special Use Permit application as though it were a new use. <br /> SECTION • <br /> (A) Lot(s)created in conformity with the standards existing and enforced by the County at <br /> the time of its creation shall be allowed to be developed in accordance with the <br /> provisions detailed herein. <br /> (B) Lots made non-conforming through a rezoning of property shall be allowed to be <br /> developed in accordance with the provisions detailed herein. <br /> (C) A one-family detached dwelling and customary accessory structures may be erected, <br /> occupied and used on a separate non-conforming lot of record in accord with other <br /> requirements applying in the zoning district in which the lot is located. <br /> (D) Lots created in violation of the review and approval procedures detailed herein shall not <br /> be recognized or permitted to be developed. <br /> Orange County,North Carolina—Unified Development Ordinance Page 8-3 <br />
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