§ 37-538. Lot size requirements for individual on-site sewage disposal systems with central water.

An OSDS may be allowed if the following criteria are met:

(1)

Single-family unit:

a.

Lots greater than or equal to one-third ( 1/3 ) acre (14,520 square feet): OSDS in all areas, subject to suitable soils.

b.

With swale drainage lots greater than or equal to one-fourth (¼) acre (10,890 square feet): Where central sewer service is not available OSDS may be permitted subject to suitable soils.

c.

With closed drainage: four (4) lots per net acre (excluding roads, retention pond tracts, surface water bodies below the normal high water elevation, and jurisdictional wetland areas, but including the unpaved portion of adjacent right-of-way and portion of adjacent retention pond above design high water contour or elevation): Where central sewer service is not available OSDS in all areas, subject to suitable soils.

(2)

Duplex through quadraplex: Where central sewer service is not available OSDS in all areas, subject to suitable soils, and further a maximum four (4) dwelling units per acre.

(3)

Lakefront lots: Shall have a minimum of one-half (½) acre (21,780 square feet) landward of normal high water elevation and jurisdictional wetland area.

(4)

Professional office: Only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system, an OSDS may be permitted where central sewer is not available, subject to suitable soils. Groundwater monitoring may be required.

(5)

C-1, C-2 commercial uses as defined by Orange County Code, chapter 38, zoning: Central sewer service only. Where central sewer will not be available within one (1) year, OSDS may be permitted only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system and subject to suitable soils. Groundwater monitoring is required.

(6)

I-1 through I-5 as well as C-3 uses as defined by Orange County Code, chapter 38, zoning:

a.

No OSDS construction permit shall be issued for any property platted, zoned, rezoned, subdivided or county approved lot split after July 5, 1989.

b.

No OSDS construction permit shall be issued on property zoned or platted prior to July 5, 1989, where a publicly owned sewage system is available. If central sewer will not be available within one (1) year from date of application for the building permit, interim OSDS may be permitted only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system subject to suitable soils. Groundwater monitoring is required.

c.

No occupational license shall be issued for any business utilizing an OSDS until an authorization letter is obtained from both the health department and the county. Such approval for a particular business is not transferable from one (1) location to another.

d.

All applicants for OSDS for property zoned or platted prior to July 5, 1989, shall be required to obtain a system operating permit, renewable annually, for the OSDS prior to occupancy. Current users of an OSDS for property zoned prior to July 5, 1989, may be required to obtain an annual system operating permit upon a determination by the county that reasonable cause exists. In reviewing the renewal application, the health department and the county may require the collection and analysis of samples from within and around such systems. Groundwater monitoring is required. If the health department or the county finds that industrial, hazardous or toxic sewage waste has been or is being disposed of through an OSDS, corrective action as determined by the health department or the county shall be required.

(7)

Further limits: When it has been determined by the board of county commissioners that an OSDS will result in substantial environmental impact to the subject or abutting property, or will adversely affect the public health, safety and welfare, the board of county commissioners may limit further the density of the development or deny the project until such time as a central sewer system is available. Substantial environmental impact shall be determined by one (1) or more of the following:

a.

Total clearing of on-site vegetation or placement of fill material which results in the substantial destruction of the natural vegetation;

b.

Inability to meet stormwater management criteria set forth in the Orange County Subdivision Regulations, chapter 34, Orange County Code, or the Site Development Ordinance, chapter 30, article VIII, Orange County Code; and

c.

Contamination of surface water bodies or groundwater.

(8)

Exemption: Residential lots exclusive of lakefront lots, (i) in subdivisions platted prior to January 1, 1972, or (ii) existing as lots of record prior to January 1, 1972, shall be exempt from the minimum lot size/density requirements contained in subsections (1) and (2).

(Ord. No. 92-16, § 8, 5-26-92; Ord. No. 96-1, § 3, 1-9-96)