Orange County NC Website
b) Redevelopment 27 <br />The rebuilding or replacement of residential or nonresidential structures which are defined as <br />existing development according to Article 6.23:11a is allowed, provided that the rebuilding or ~; <br />replacement does not result in an increase in the amount of impervious surface, and does not '~ <br />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.$ 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 lot <br />which was created prior to January 1, 1994, or a lot within the Cane Creek watershed which was <br />created prior to October 19, 1999, with respect to the October 19, 1999, amendments related fo <br />the CANE-CA and CANE-PW districts, and non-conforming lots of record. <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, provided <br />that all of the following criteria are met: <br />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 on <br />20,000 square feet of azea or less; and <br />~3. The Orange County Planning Staff, in consultation with Orange County Environmental <br />Health and/or the Orange County Engineer has determined that encroachment of the <br />structure into the stream buffer and/or encroachment, of the septic system or repair area <br />into the stream buffer or reservoir setback is necessary in order to provide adequate area <br />for septic disposal and repair while maintaining required separations between wells, <br />septic systems, structures and property lines; and <br />4. The Orange County Planning Staff, in consultation with Orange County Environmental <br />Health and/or the Orange County Engineer, has determined that the relative locations of <br />the well, septic system and structure maximize the amount of watershed protection that <br />can be achieved while allowing development of the lot. Generally, an exception to <br />setbacks for repair azea is preferable to an exception for the initial septic system, and <br />encroachment of structures or gravity septic systems into the setback is preferable to the <br />installation of a septic system pump. <br />5. The amount of encroachment into the stream or reservoir buffer is the minimum amount <br />which can be obtained while meeting the above criteria. <br />