ORD-2014-001 Ordinance Amending the Unified Development Ordinance of Orange County incorporating State Law related changes to the Board of Adjustment

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Article 2: Procedures Section 2.7- Special Use Permits 2.7.11 Conditions of Approval (A) The Board of County Commissioners or the Board of Adjustment, as appropriate, ay impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety and general welfare, ensure that substa r ial justice is done, and equitable treatment provided. (B) Conditions shall run with the land and use, and shall be binding on the ors inal applicant(s) as well as all successors, assigns and heirs. (C) •e Special Use Permit shall include a statement that if any conditi. of a Special Use Pe it shall be held invalid or void, then the permit itself shall be •id and of no effect. (D) It shal se stated in the Special Use Permit that the Permit sha automatically expire within 1 onths of the date of approval if the use has not c• menced or construction has not co' menced or proceeded unless a timely applicati•n for extension of this time limit is appro ed by the Board of County Commissioners =s provided in Section 2.7.13. 2.7.12 Notification of Board A. ion (A) The Planning Direct, shall send a notice of the r- evant Board's action on the application by certified mail to the=pplicant. A copy of the decision shall be filed in the Planning Department within five b.siness days of the r- evant Board's action. (B) The Planning Director, in the •ase of ap► oval or approval with conditions, shall issue the necessary permit in accord wit he B•-rd's action. (C) The Planning Director, but not a d-=ignee, shall certify that the Special Use Permit with any imposed conditions is as app ov:d by the Board of County Commissioners or Board of Adjustment, as appropriate, iith a r_.ort provided to the County Manager. (D) Once the Special Use Per, it has been cert .ed, the applicant shall record the permit with the Orange County Reg.-ter of Deeds in a for gat prepared by the Planning Director. Failure to do so within •0 days from certification hall invalidate the Special Use Permit. 2.7.13 Time Limits and Extensi%ns (A) If a request is r-ceived before the Special Use permit e sires, the Board of County Commission- s, for good cause shown, may extend the a •iration deadline six months upon the f- orable recommendation of the Planning Board. (B) The appication for an extension request shall be submitted a nimum of six months prior . the expiration of the Special Use Permit. (C) N. hanges shall be made to the terms and/or conditions of approv- . (D) only one approval of a time extension is permitted, and it shall be base, on evidence presented by the applicant showing that permits have been pursued in a • ely manner, and that delays have resulted from factors beyond the control of the applic- t. ) For developments which require approval of a Special Use Permit, the applica•t may request that the Special Use Permit be vested as a Site Plan for a period of not ;ss than two nor more than five years. For vesting purposes, Site Plans and Preliminary P :ts may also be approved as a Special Use Permit at the request of the applicant. See Section 2.5 for information regarding site plans. 2.7.14 Changes to Approved Plans (A) The Planning Director is authorized to approve minor changes in the approved plans of Special Uses, as long as they are in harmony with action of the approving Board, but shall not have the power to approve changes that constitute a modification of the approval. A modification shall require approval of the Board having jurisdiction. Orange County, North Carolina—Unified Development Ordinance Page 2-20