Orange County NC Website
15 <br /> for verification of soils suitable for septic systems. Working this way with <br /> Environmental Health can help prevent the creation of even larger lots with soils <br /> that do not perk. If Environmental Health indicates that there are no perc sites, <br /> then the applicant is discouraged from creating the lot. He would be encouraged <br /> to redraw lot lines such that percable soils would be available. <br /> Katz asked for clarification concerning future creation of the large lots and <br /> whether those could be appealed to the Board of Adjustment. Hinkley responded <br /> that this would only apply to lots created prior to January 1, 1994. Waddell <br /> noted also that it applied only to lots in the watersheds. <br /> VOTE: 9 in favor. <br /> 1 opposed (Rosemond-felt that the steps being taken to avoid future creation of <br /> such lots is not "tight enough".) <br /> (2) Article 8 Special Uses <br /> Presentation by Jim Hinkley. <br /> This item is to consider a proposed amendment to Special Use provisions related <br /> to expiration,validity,and approval actions for Special Use Permits. <br /> A letter from the County Attorney dated December 18, 1995, recommended <br /> several changes to the Zoning Ordinance provisions pertaining to Special Uses. <br /> It is proposed that the following standard requirements be explicitly stated in each <br /> Special Use Permit: <br /> that the permit will become null and void if any of the conditiods are held <br /> invalid or void;and <br /> that the permit will automatically expire within twelve months of approval if <br /> the use has not commenced or if construction has not commenced and <br /> proceeded,unless a time extension is approved. <br /> In addition,the proposed amendment involves a change to Article 8.4.7,which . <br /> relates to action on Special Use Permits. The proposed amendment would <br /> eliminate the requirement that a summary of evidence supporting the action be <br /> included as a part of the action itself. <br /> The proposed amendment was presented for public hearing on February 26, 1996. <br /> There were no comments. <br /> The Zoning Officer recommends approval of the proposed amendment. <br /> Waddell expressed concern that the amendment seemed to say if the applicant <br /> went to court and the court found a condition placed by the County to be <br /> disallowed,then the County would declare the permit to be null and void. He felt <br /> this was incorrect. Extensive discussion concluded that the proposed <br /> amendment does not adequately address the concerns raised by Waddell. <br /> Katz asked why there should be an automatic expiration in 12 months. Collins <br /> responded that is a typical condition that is placed on Special Use Permits. It is <br />