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1 <br /> ORANGE C O U N T Y <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: January 1990 <br /> Action Agenda <br /> Item # 6.-4 <br /> SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT <br /> (Articles 8 .2 . 1 and 8.2 .2 -- Special Uses) <br /> DEPARTMENT: Planning PUBLIC HEARING: Yes _X_No <br /> ATTACHMENT(S) : INFORMATION CONTACT: <br /> Proposed Text Amendments Planning Director - Extension 346 <br /> 11/27/89 Public Hearing Minutes <br /> 12/18/89 Planning Board Minutes TELEPHONE NUMBERS: <br /> Hillsborough - 732-8181 <br /> Durham - 688-7331 <br /> Mebane - 227-2031 <br /> Chapel Hill - 967-9251/968-4501 <br /> PURPOSE: To consider a proposed amendment to the Zoning <br /> Ordinance. The amendment, if approved, would clarify <br /> the intent of Articles 8 .2 . 1 and 8.2 .2 in regard to the <br /> findings required for approval of Special Uses. <br /> BACKGROUND: Under Article 8 .2 . 1 of the Zoning Ordinance, before any <br /> application for a Special Use Permit is approved, the <br /> applicant has the burden of establishing, by competent <br /> material and substantial evidence, the existence of the <br /> facts and conditions which the Zoning Ordinance <br /> requires for approval. <br /> In addition, the Board of Commissioners, for Class A <br /> Special Uses, and the Board of Adjustment, for Class B <br /> Special Uses, must make written findings certifying <br /> compliance with the specific rules governing the <br /> special use under consideration and that the use <br /> complies with all the required regulations and <br /> standards, including three general conditions and all <br /> applicable provisions of Articles 4, 5, 6, 7, 9, 10, <br /> and 12 of the Zoning Ordinance. Among the three general <br /> conditions is the following: <br /> ( 1) The use will promote the public health, safety, <br /> and general welfare, if located where proposed and <br /> developed and operated according to the plan as <br /> submitted. <br /> Under Article 8.2 .2, a similar finding is required. <br /> Where the Board finds a preponderance of evidence to <br />