§ 32-223. Legally existing facilities.

All solid waste management facilities existing as of May 1, 2009, located within those incorporated areas of Orange County which are now subject to the provisions of this article pursuant to Ordinance No. 2009-11 , shall apply for a solid waste management permit pursuant to the provisions of this article on or before May 1, 2010. Except as provided herein, all solid waste management facilities, legally existing and in full compliance with all federal, state, and local laws, ordinances, rules and regulations on May 1, 2009, shall not be required to comply with the setback requirements for karst terrane features set forth in section 32-216(a)(11)e., the increased stormwater management requirements set forth in sections 32-216(a)(32)f., 32-216(a)(32)g., 32-216(b)(6)a., and 32-216(b)(6)c., or the requirements of sections 32-216(c)(2)(c), 32-216(c)(3), or 32-216(c)(4) unless and until an increase in the intensity of use occurs, a change in use of the facility occurs, or the manager otherwise determines that there has been a substantial deviation from the terms and conditions of the permit. All such legally existing facilities shall continue to comply with the setback and stormwater requirements existing immediately prior to May 1, 2009. In the event that karst terrane features appear or expand during the operational life of a properly permitted facility, the permittee shall, to the greatest extent practicable, comply with the setback requirements set forth in section 32-216(a)(11)(e). In addition to the aforementioned provisions, all solid waste management facilities within incorporated areas of Orange County, legally existing and in full compliance with all federal, state, and local laws, ordinances, rules and regulations as of May 1, 2009, shall not be required to comply with the requirements of sections 32-216(a)(4), 32-216(a)(11)(a), 32-216(a)(32)a, 32-216(a)(32)c, 32-216(c)(1), or 32-216(c)(2), unless and until an increase in the intensity of use occurs, a change in use of the facility occurs, or the manager otherwise determines that there has been a substantial deviation from the terms and conditions of the permit. All hazardous waste treatment, storage and disposal facilities legally existing and in full compliance with all federal, state, and local laws, ordinances, rules and regulations as of May 1, 2009, shall not be subject to the requirements of section 32-224, unless and until an increase in the intensity of use occurs or a change in use of the facility occurs. The lawful use of any building, structure, or land existing at the time of adoption of this article, or amendment to this article, that was not required to obtain a special exception prior to the adoption of this article or any amendment to this article may be continued without obtaining a special exception approval so long as the conditions set forth in article III of chapter 38 are met.

(Ord. No. 99-16, § 2, 6-29-99; Ord. No. 2005-16 , § 7, 12-6-05; Ord. No. 2009-11 , § 2, 4-28-09)