Orange County NC Website
Browse       Search
102 <br /> PLANNED DEVELOPMENTS/SPECIAL USE PERMITS <br /> Only those uses authorized in the zoning district to <br /> which the Planned Development request corresponds shall be <br /> permitted. No planned development shall be permitted except <br /> pursuant to the issuance of a special use permit. <br /> A Special Use Permit is issued where a particular land <br /> use is permitted in a district under specific provisions of <br /> the Orange County Zoning Ordinance. These provisions <br /> authorize the Board of Commissioners to issue the permit when <br /> it makes the general and specific findings stipulated for <br /> the specific request. The Board is also authorized to attach <br /> conditions to the special use permit, conditions which may <br /> • require the installation of certain improvements, place time <br /> limitations on the permit, etc. <br /> In the public bearkig process pn this item, sworn, <br /> evidence will be taken. Following the close of the public <br /> • <br /> hearing, only evidence presented at the hearing will be <br /> examined by the Planning Board and Board of Commissioners to <br /> decide if the evidence presented enables the Boards to make <br /> the required findings. If the evidence supports the <br /> findings, the Board of Commissioners must issue the ,special <br /> use permit. <br /> The applicant has the burden of establishing by evidence <br /> • the facts and conditions required to support approval of the <br /> application. However, the burden is on those opposing the <br /> request to establish, by competent material and substantial <br /> evidence, the specific manner in which, the proposed use does <br /> not satisfy the general standards on grounds that the use: <br /> will not promote the public health, safety and <br /> welfare <br /> - will not maintain or enhance the value of <br /> contiguous property <br /> - is not in compliance with the general plans for the <br /> physical development of the county. <br /> Evidence must be factual and may require the testimony <br /> of an expert in such matters as impacts on the public health, <br /> safety and welfare and property values. The above procedures <br /> responsibilities are provided in Article 8 Special Use <br /> permits, Section 8.2 General Standards of the Orange County <br /> Zoning Ordinance. <br />