Orange County NC Website
4 <br /> the control of their location and methods of operation. The Board of County ' <br /> Commissioners is aware of its responsibility to protect the public health, safety and <br /> general welfare and believe that certain uses which now or in the future may be <br /> included on this list are appropriately handled as Special Uses, subject to review in <br /> relation to general and specific requirements,rather than as uses permitted by right. <br /> In addition to the listing of such uses, the Board of County Commissioners intends <br /> that the general standards, established in Section 8.2.1, and the more specific <br /> requirements in 8.2.2, established below, shall be used by the Board of Adjustment, <br /> the Planning Board and the Board of County Commissioners, as appropriate, to <br /> direct deliberations upon application or the approval of Special Uses. It is the <br /> express intent of the Board of County Commissioners to delineate the areas of <br /> concern connected with each Special Use and to provide standards by which <br /> applications for such Special Use shall be evaluated. <br /> 8.2.1 Before any application for a Special Use shall be approved: <br /> a) The applicant shall have the burden of establishing, by competent material <br /> and substantial evidence,the existence of the facts and conditions which this <br /> ordinance requires for approval; and <br /> b) The Board shall make written findings certifying compliance with the <br /> specific rules governing such individual Special Use and that the use, which <br /> is listed as a Special Use in the district in which it is proposed to be located, <br /> complies with all required regulations and standards including the following <br /> general conditions: <br /> (1) The use will maintain or promote the public health, safety and <br /> general welfare, if located where proposed and developed and <br /> operated according to the plan as submitted; <br /> (2) The use will maintain or enhance the value of contiguous property <br /> (unless the use is a public necessity, in which case the use need not <br /> maintain or enhance the value of contiguous property); <br /> (3) The location and character of the use, if developed according to the <br /> plan submitted,will be in harmony with the area in which it is to be <br /> located and the use is in compliance with the plan for the physical <br /> development of the County as embodied in these regulations or in <br /> the Comprehensive Plan, or portion thereof, adopted by the Board of <br /> County Commissioners; <br /> and including all applicable provisions of Articles 4, 5, 6, 7, 9, 10 and 12 of <br /> this Ordinance, unless greater or different regulations are contained in the <br /> individual standards for the specific Special Use. The applicant shall have <br /> the burden of establishing by competent material and substantial evidence in <br /> the form of testimony, exhibits, documents, models, plans and the like that <br /> the application meets the requirements for approval of a Special Use. <br />