Orange County NC Website
59 <br />Article 2: Procedures <br />Section 2.7: Special Use Permits <br />(C) Where vesting in excess of two years is requested, the project is located in an area <br />where current issues under study do not involve potential amendments to the <br />Comprehensive Plan and/or this Ordinance. <br />2.7.11 Required Findings <br />(A) A resolution or motion to approve the application must include the findings of fact and <br />conclusions of law that support the decision. Any proposed conditions of approval must <br />also be included in the resolution or motion to approve the application. <br />(B) A resolution or motion to deny the application must state findings of fact and conclusions <br />of law that support the decision. <br />(C) If a resolution or motion to approve the application fails, the application is deemed <br />denied. Those members voting against the resolution or motion must state which of the <br />conclusions of law they could not reach as well as findings of fact on which their inability <br />to reach the conclusions is based. <br />2.7.12 Conditions of Approval <br />(A) The Board of County Commissioners or the Board of Adjustment, as appropriate, may <br />impose such reasonable conditions upon approval of a Special Use as will afford <br />protection of the public health, safety and general welfare, ensure that substantial justice <br />Is done, and equitable treatment provided. <br />(B) Conditions shall run with the land and use, and shall be binding on the original <br />applicant(s) as well as all successors, assigns and heirs. <br />(C) • The-Special Use Permit shall include a statement that if any condition of a Special Use <br />Permit shall be held invalid or void, then the permit itself: shall be void and of no effect. <br />(D) It shall be stated in the Special Use Permit that the Permit shall automatically expire <br />within 12 months of the date of approval if the use has not commenced or construction <br />has not commenced or proceeded unless a timely application for extension of this time <br />limit is approved by the Board of County Commissioners as provided in Section 2.7.13. <br />2.7.13 Notification of Board Action <br />(A) The Planning Director shall send a notice of the relevant Board's action on the application <br />by certified mail to the applicant. A copy of the decision shall be filed In the Planning <br />Department within five business days of the relevant Board's action. <br />(B) The Planning Director, In the case of approval or approval with conditions, shall issue the <br />necessary permit In accord with the Board's action. <br />(C) The Planning Director, but not a designee, shall certify that the Special Use Permit with <br />any imposed conditions is as approved by the Board of County Commissioners or Board <br />of Adjustment, as appropriate, with a report provided to the County Manager. <br />(D) Once the Special Use Permit has been certified, the applicant shall record the permit with <br />the Orange County Register of Deeds in a format prepared by the Planning Director. <br />Failure to do so within 90 days from certification shall invalidate the Special Use Permit. <br />2.7.14 Time Limits and Extensions <br />(A) If a request is received before the Special Use permit expires, the Board of County <br />Commissioners, for good cause shown, may extend the expiration deadline six months <br />upon the favorable recommendation of the Planning Board. <br />(B) The application for an extension request shall be submitted a minimum of six months <br />prior to the expiration of the Special Use Permit. <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -20 <br />