Orange County NC Website
3 <br /> PROPOSED ORDINANCE AMENDMENT <br /> ORDINANCE: ZONING ORDINANCE <br /> REFERENCE: ARTICLE 8 .2 . 1 AND 8 .2 .2 - SPECIAL USES <br /> ORIGIN OF AMENDMENT: _X Staff Planning Board <br /> �BOCC Public <br /> _X_Other: County Attorney <br /> STAFF PRIORITY RECOMMENDATION: X_High Middle Low <br /> Comment: <br /> EXPECTED PUBLIC HEARING DATE: November 27, 1989 <br /> PURPOSE OF AMENDMENT: To clarify the intent of Articles 8 .2 . 1 <br /> b) ( 1) and 8.2 .2 a) of the Zoning Ordinance in regard to the <br /> findings required for approval of Special Uses. <br /> IMPACTS/ISSUES: Under Article 8 .2 . 1 of the Zoning Ordinance, <br /> before any application for a Special Use Permit is approved, <br /> the applicant has the burden of establishing, by competent <br /> material and substantial evidence, the existence of the facts <br /> and conditions which the Zoning Ordinance requires for <br /> approval. <br /> In addition, the Board of Commissioners, for Class A Special <br /> Uses, and the Board of Adjustment, for Class B Special Uses, <br /> must make written findings certifying compliance with the <br /> specific rules governing the special use under consideration <br /> and that the use complies with all the required regulations <br /> and standards, including three general conditions and all <br /> applicable provisions of Articles 4, 5, 6, 7, 9, 10, and 12 <br /> of the Zoning Ordinance. Among the three general conditions <br /> is the following: <br /> (1) The use will promote the public health, safety, and <br /> general welfare, if located where proposed and developed <br /> and operated according to the plan as submitted. <br /> Under Article 8 .2 .2, a similar finding is required. Where the <br /> Board finds a preponderance of evidence to indicate <br /> compliance with the general standards and specific rules <br /> governing the special use, and that the use complies with all <br /> required regulations and standards, the application must be <br /> approved unless the Board finds, in some specific manner, <br /> that: <br />