Orange County NC Website
The current process, however, is not completely consistent with the existing Conditional Use <br />permitting process as outlined within the NCGS. <br />North Carolina General Statutes (NCGS} require that, through either the CUD or CZD process, <br />specific conditions may be suggested by the owner ar the government but that only those <br />conditions mutually acceptable to both parties may be incorporated into the ordinance or <br />individual permit involved. <br />The NCGS also provide that any conditions or site-specific standards imposed are limited to <br />those that address: <br />The conformance of the development and use of the site to city or county ordinances <br />and officially adopted plans, and <br />The impacts reasonably expected to be generated from the development or use of <br />the site. These provisions regarding conditions and standards apply to both <br />conditional zoning and to special and conditional use district zoning. <br />Recent work on planning studies, most notably the NC 57 Speedway Area Small Area Plan and <br />the Agricultural Support Services manual, has indicated to staff that it might be desirable to <br />implement the CZD process within the County. Staff has also determined that there is a need to <br />update the existing PD process in order to make it more consistent with existing State <br />guidelines governing the use of CUD's. <br />New Zoning Construct Organization: <br />Staff is currently working on the following: <br />1. The revision of Article Seven {7) Planned Development Districts to incorporate recent <br />changes to NCGS concerning the use of the CUD permitting process. This Article is <br />currently proposed to be renamed `Article Seven-A (7-A) Conditional Use Districts'. <br />2. The creation of a new Article, Seven-B {7-B}, establishing the CZD process as outlined <br />herein. <br />Staff intends to have the proposed amendments for formal review at the February 2008 <br />Quarterly Public Hearing. <br />It should be noted that the County Attorney's office reviewed a preliminary draft of a proposal to <br />develop a CUD process back in August of 2007, but staff has not forwarded to the County <br />Attorney's Office the new proposed Articles as referenced herein for review or comment. Staff <br />intends the documents to be submitted by the first week of December. <br />Staff is requesting that the BOCC accept this update as an informational item. <br />Commissioner Gordon said that before this goes to public hearing, she would like all of <br />the County Commissioners to review this. She would also like to know what this is trying to <br />accomplish. She said that people want to know the process that the staff is proposing to <br />introduce flexibility and how it protects the residents' interests. She said that when you <br />introduce flexibility, you could introduce ambiguity. She would like to see the actual text. She is <br />