Orange County NC Website
Article 2: Procedures <br />Section 2.7: Special Use Permits <br />7.11 Conditions of Approval <br />(A) The Board of County Commissioners or the Board of Adjustment, as appropriate, ay <br />impose such reasonable conditions upon approval of a Special Use as will affor <br />\ protection of the public health, safety and general welfare, ensure that substa ial justice <br />is done, and equitable treatment provided. <br />(B) Conditions shall run with the land and use, and shall be binding on the or anal <br />applicant(s) as well as all successors, assigns and heirs. <br />(C) a Special Use Permit shall include a statement that if any conditi of a Special Use <br />Pe it shall be held invalid or void, then the permit itself shall be id and of no effect. <br />(D) It shal a stated in the Special Use Permit that the Permit sha automatically expire <br />within 1 onths of the date of approval if the use has not c menced or construction <br />has not co menced or proceeded unless a timely applicat' n for extension of this time <br />limit is appro ed by the Board of County Commissioners s provided in Section 2.7.13. <br />2.7.12 Notification of Board A <br />(A) The Planning Direct shall send a notice of the r evant Board's action on the application <br />by certified mail to the pplicant. A copy of the ecision shall be filed in the Planning <br />Department within five b siness days of the r evant Board's action. <br />(B) <br />(C) <br />(D) <br />The Planning Director, in the ase of ap oval or approval with conditions, shall issue the <br />necessary permit in accord wit he B rd's action. <br />The Planning Director, but not a d ignee, shall certify that the Special Use Permit with <br />any imposed conditions is as ap ov d by the Board of County Commissioners or Board <br />of Adjustment, as appropriate, ith a r ort provided to the County Manager. <br />Once the Special Use Per it has been cert (ed, the applicant shall record the permit with <br />the Orange County RegK ter of Deeds in a for at prepared by the Planning Director. <br />Failure to do so within AO days from certification hall invalidate the Special Use Permit. <br />2.7.13 Time Limits and Extens <br />(A) If a request is r ceived before the Special Use permit a Tres, the Board of County <br />Commission s, for good cause shown, may extend the a 'ration deadline six months <br />/hef orable recommendation of the Planning Board. <br />'cation for an extension request shall be submitted a nimum of six months <br />the expiration of the Special Use Permit. <br />ges shall be made to the terms and /or conditions of approv <br />e approval of a time extension is permitted, and it shall be base on evidence <br />ed by the applicant showing that permits have been pursued in a ely manner, <br />t delays have resulted from factors beyond the control of the applic t. <br />elopments which require approval of a Special Use Permit, the applica t may <br />request that the Special Use Permit be vested as a Site Plan for a period of not ss than <br />two nor more than five years. For vesting purposes, Site Plans and Preliminary P is <br />may also be approved as a Special Use Permit at the request of the applicant. See <br />Section 2.5 for information regarding site plans. <br />2.7.14 Changes to Approved Plans <br />(A) The Planning Director is authorized to approve minor changes in the approved plans of <br />Special Uses, as long as they are in harmony with action of the approving Board, but <br />shall not have the power to approve changes that constitute a modification of the <br />approval. A modification shall require approval of the Board having jurisdiction. <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -20 <br />