Orange County NC Website
16 <br /> 1 under this chapter, -a conditional use permit for a village mixed .use <br /> 2 development may be denied on the basis that the application is inconsistent <br /> 3 with the approved master plan. However, if the conditional use permit is <br /> 4 approved,the board of aldermen shall be deemed to have amended the master <br /> 5 plan to bring it into conformity with the conditional use permit <br /> 6 <br /> 7 b. No conditional use permit for a village neighborhood mixed use development <br /> 8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for <br /> 9 such denial involves an element or effect of the development that has <br /> 10 previously been specifically addressed and approved in the master plan <br /> 11 approval process, unless {i) it can be demonstrated that the information <br /> 11 presented to the board of aldermen at the master plan approval stage was <br /> 13 materially false or misleading, (u'} conditions have changed substantially in a <br /> 14 manner that could not reasonably have been anticipated,,or (Q-a basis for <br /> 15 denial for reasons set forth in Subsection 15-54(cX4)is demonstrated by clear <br /> 16 and convincing evidence. <br /> 17 <br /> 18 (6) Subject to Subsection 15-141.2(fl(5), a master plan approved under this section may <br /> 19 only be amended in accordance with the provisions applicable to a rezoning of the <br /> 20 property in question. <br /> 21 <br /> 22 SEC nON S. Article M,Part H is amended by adding a new Section 15-176.2 to read as follows: <br /> 23 <br /> 24 Section 15-176.2 Village Mixed Use Developments <br /> '25 <br /> 26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of <br /> 27 the tract,or five acres,whichever is less,may be used for purposes permissible in the B-3T or OA districts, <br /> 28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in <br /> 29 the remaining provisions of this section,the Master Plan, or the conditional use permit that authorizes the <br /> 30 development in question. <br /> 31 <br /> 32 (1) Within the portion of the tract developed for commercial purposes, the regulations <br /> 33 (other than use regulations,which are governed by the provisions immediately above) <br /> 34 applicable to property zoned B-3T shall apply except as otherwise provided in this <br /> -35 section or as otherwise allowed.by the board of aldermen in the approval of the <br /> 36 Master Plan or conditional use permit for the development <br /> 37 <br /> 38 (2) The commercial portions of the village mixed use development shall be contained <br /> 39 within a"storefront use area." This area shall be designed to provide a variety of <br /> 40 2$etail shops and services to support the day-today needs of village residents and other <br /> 41- -local residents, complemented by other compatt'ble business, civic and residential <br /> 42 uses in commercial-"buildings in a manner consistent with a small downtown of <br /> 43 or central market place in the community. <br /> 44 <br /> 45 (3) Storefront use areas shall be located so tliey are easily accessile by pedestrians from <br /> 46 as much of the residential areas as possible (prderably'within 1,500 feet — a five- <br /> Mww•a...tsr <br />