BOA agenda 111212 - Laserfiche WebLink

Browse Search

_5g_ Section 6.20 of the Ordinance prohibits the location of `ground absorption systems ivith.a design capacity of-3, 000 gallons per day or mote and package h eahnentplmis for sanitary sewage disposal' without the submittal, review and issuance of a Class A Special Use Permit in accordance with the provisions of Article Eight (8).... Planning Department staff reversed this determination requiring-a Class A Special Use Permit in a November 11, 2010 letter to the University: While staff continues to maintain that we are not seeking to regulate the proposed septic system through a zoning approval process, and we reserve the right to continue monitoring the use of the existing facility in order to evaluate its compliance with existing development regulations, through this letter we hereby modify our original determination and find that a SUP is not required to allow for the installation /modification of the septic system on the property as currently proposed by the University. According to AR District Specific Development Standards, UNC's wastewater facility requires a Special Use Permit. UDO (Section 13): 6. With the exception of Orange County government development projects, wastewater treatment facilities with a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage disposal are prohibited in the AR zoning district unless approved through the Special Use Permit (SUP) process or as a Conditional Use (CU) District. The UDO offers the following definition of Wastewater Treatment Facility (UDO Section 10:1): Wastewater Treatment Facility A system of wastewater collection, treatment, and disposal in single or multiple components, including ground absorption systems, non - discharge systems, and systems that discharge effluent to the surface waters, and any other system as may be permitted by the Orange County Health Department or the State of North Carolina. (ref. NCGS Article 11, Chapter 130A) The UDO specifies that replacements and modifications of land uses in existence prior to adoption of zoning regulations require Special Use Permit app(ication-submittal, review andapproval (UDO Section 8.6): SPECIAL PERMIT USES Any land use that: (A) Was in existence prior to adoption of zoning regulations and would require the issuance of a Special Use Permit under terms of this Ordinance, or (B) Is made non- conforming due to an amendment of this Ordinance changing the review and approval criteria of said land use from permitted to .either a Class A or B Special Use. Shall be deemed a conforming use of property within the confines of this Ordinance, subject to the following limitation: Any enlargement, replacement or modification of such a use shall require submittal, review, and approval of a Special Use Permit application as though it were a new use. Preser � 2 In conclusion, E tkRural Orange urges the Board of Adjustment to find that the first interpretation of the County Ordinances by Mr. Harvey in his letter of April 9, 2010 to UNC was correct and that the construction activities associated with the development of the UNC operated research facility require a special use permit. PRO hereby requests a hearing on this matter at the Board's convenience. Applicants respectfully request that the county waive the $540 staff review fee and $800 advertising fee for the appeal.