8.7.3 Exceptions

All development within Watershed Protection Overlays shall be subject to the restrictions in this section, with the following exceptions:

For the purposes of this section, existing development shall be considered to include any impervious surfaces constructed before January 1, 1994. All new uses and activities and all expansions of previously-existing uses and activities shall conform to paragraph 4.11.4, Nonresidential Land Use Restrictions and paragraph 8.7.2, General Requirements.

New construction and additions to existing residential buildings on single-family residential lots recorded prior to January 1, 1994 shall be constructed in accordance with the watershed protection regulations, if any, in effect at the time the lot was created. In Rural Villages, as defined on the Future Land Use Map of the Durham Comprehensive Plan, such lots shall use the current standards or those in effect at the time the lot was created, whichever is less restrictive.

Proposed development projects not in the Rural Tier, and in F/J-B or E-B overlays involving less than one acre cumulatively, of land disturbing activity shall be exempt from the stormwater control requirements indicated in this Section.