Orange County NC Website
I <br /> 03E <br /> Article 8. 2 . 2 states that where a preponderance of evidence <br /> indicates compliance iance with the general Standards , 'specific <br /> rules governing the specific use, and that the use complies <br /> with all required regulations and standards , the application <br /> must be approved unless it is found,- in some specific manner <br /> that <br /> • <br /> 1 . The use will not promote the public health , <br /> safety and general welfare if located where <br /> proposed and developed and operated according <br /> to• the plan as submitted ; <br /> 2 . The use will not maintain or enhance the value <br /> of contiguous property ; <br /> 3 . The use is not in compliance with the genes- l <br /> plans for the physical development of the <br /> county as embodied in these regulations or in <br /> the Comprehensive Plan, or portion thereof , <br /> adopted by tyrhe Orange County Board of <br /> Commissioners . <br /> The burden of proving one or more of the above findings is on <br /> those opposing the application . The proof roust also be in • <br /> the form of competent material and substantial evidence . <br /> The Planning Staff reviewed the application , the site plan <br /> and all supporting documentation and found that no <br /> informstio ; was received which would establish grounds for <br /> making one or more of the above findings : • <br /> The Planning Board has reviewed the application, the site <br /> • plan, all upporting documentation and the evidence received <br /> at public hearing and has found that the applicant does Lot <br /> comply with the general standard regarding the public health , <br /> standard and welfare nor with the specific rules and required <br /> regulations referenced as 8 . 2 . 4 c) , 20 . 3 . 2 e) , 7. 4. 2 and <br /> 7 . 15. 10 a) ' 2 . The Board ' s decision on 8. 2 . 4 a) resulted in a • <br /> tied vote . . The Planning Board , therefore , recommends denial <br /> of the request . <br /> however , should the Board of Commissioners approve the <br /> request the Planning Board recommends the attachment of <br /> conditions to the approval as follows : <br />