Orange County NC Website
Orange County Zoning Ordinance <br />6.23.10 APPLICABILITY <br />4) had otherwise established a vested right under North Carolina Zoning law <br />prior to January 1, 1994 (October 19, 1999, with respect to the October <br />19,1999, amendments related to the CANE-CA and CANE-PW districts). <br />Existing development is hereby deemed to be conforming with respect to <br />requirements of Article 6.23 of this Ordinance. <br />b) Redevelopment <br />The rebuilding or replacement of residential or nonresidential structures which <br />are defined as existing development according to Article 6.23.11 a is allowed, <br />provided that the rebuilding or replacement does not result in an increase in the <br />amount of impervious surface, and does not encroach any farther into stream <br />buffers or setbacks from reservoirs than the previous development. A structure <br />which is rebuilt or replaced in accordance with these provisions is deemed <br />conforming with respect to setbacks from streams and reservoirs required by <br />Articles 6.23.7 and 6.23.8 if this Ordinance. <br />c) Existing Lots <br />An existing lot, for the purpose of determining compliance with Article 6.23, is <br />defined as a lot which was created prior to January 1, 1994, or a lot -within the <br />Cane Creek watershed which was created prior to October 19, 1999, with <br />respect to the October 19,1999, amendments related to the CANE=CA or CANE- <br />PWdistricts, and nonconforming lots of record. <br />c) Existing Lots <br />Stream buffers as required by Article 6.23.7, and setbacks for septic systems as <br />required by Article 6.23.8 may be reduced to the extent necessary to allow <br />development of the lot, provided that all of the following criteria are met: <br />1. 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 <br />accommodated on 20,000 square feet of area or less; and <br />3. The Orange County Planning StafF, in consultation with Orange County <br />Environmental Health and/or the Orange County Engineer has determined <br />that encroachment of the structure into the stream buffer and/or <br />encroachment, of the septic system or repair area into the stream buffer <br />or reservoir setback is necessary in order to provide adequate area for <br />septic disposal and repair while maintaining required separations between <br />wells, septic systems, structures and property lines; and <br />