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ADMINISTRATION RECOMMENDATION <br />Orange County Zoning Ordinance <br />6.23.10 _ APPLICABILITY <br />*Amended <br />1-17-95.. <br />a). Existing Development <br />9 <br />For the purpose of determining compliance with or applicability of Article 6.23 of <br />this Ordinance, existing development is. defined. as a residential or, non - <br />residential structure which <br />1) : was constructed prior to January 1, 1994 (October 19, 1999, in the` <br />CANE -CA and CANE -PW districts); or <br />2) was, constructed in accordance with a valid building permit issued prior to <br />January 1, 1994 ' (October '19, 1999, in the CANE -CA .and CANE -PW <br />districts ; or <br />3) was_ included .as part of a Site Specific Development Plan approved by the <br />Board of Commissioners prior.-to January 1, 1994 (October 19, 1999, in <br />the- CANE -CA and CANE -PW districts); or <br />4) had.otherwise established a vested right under. North Carolina Zoning law - <br />prior to January. 1, 1994 (October 19, 1999, 1n the CANE -CA and <br />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 6.23.11a 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 I 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, a lot within the <br />Cane Creek watershed (CANE -CA or CANE -PW districts) which was created <br />prior to October 19, 1999, and nonconforming lots of record. . <br />g:\ txtamend \canecrk\zamend_n.doc \10- 6 -99Ud <br />