Agenda - 11-25-2013 - C2 - Laserfiche WebLink

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Article 2: Procedures Section 2.7:Special Use Permits 57 2. 11 Conditions of Approval (A) The Board of County Commissioners or the Board of Adjustment, as appropriat , may impose such reasonable conditions upon approval of a Special Use as will aff d protection of the public health, safety and general welfare, ensure that subs ntial justice is done, and equitable treatment provided. (B) Conditions shall run with the land and use, and shall be binding on the riginal plicant(s) as well as all successors, assigns and heirs. (C) Th Special Use Permit shall include a statement that if any condi i n of a Special Use Perm' shall be held invalid or void, then the permit itself shall be oid and of no effect. (D) It shall b stated in the Special Use Permit that the Permit sh I automatically expire within 12 onths of the date of approval if the use has not mmenced or construction has not com enced or proceeded unless a timely applic on for extension of this time limit is approv by the Board of County Commissioner as provided in Section 2.7.13. 2.7.12 Notification of Board Act n (A) The Planning Director hall send a notice of the levant Board's action on the application by certified mail to the a licant. A copy of th decision shall be filed in the Planning Department within five bu mess days of the levant Board's action. (B) The Planning Director, in the c e of ap roval or approval with conditions, shall issue the necessary permit in accord with t e B ard's action. (C) The Planning Director, but not a d i nee, shall certify that the Special Use Permit with any imposed conditions is as ap ove by the Board of County Commissioners or Board of Adjustment, as appropriate, ith a re rt provided to the County Manager. (D) Once the Special Use Per it has been certifi d, the applicant shall record the permit with the Orange County Re ter of Deeds in a form t prepared by the Planning Director. Failure to do so within 0 days from certification all 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 ex 'res, the Board of County Commission s, for good cause shown, may extend the e iration deadline six months upon the f orable recommendation of the Planning Board. (B) The ap cation for an extension request shall be submitted a m imum of six months prior t the expiration of the Special Use Permit. (C) No hanges shall be made to the terms and/or conditions of approva. (D) my 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 ti ely manner, and that delays have resulted from factors beyond the control of the applica . ( For developments which require approval of a Special Use Permit, the applica may request that the Special Use Permit be vested as a Site Plan for a period of not I s than two nor more than five years. For vesting purposes, Site Plans and Preliminary PI 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