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OCPB agenda 030613
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OCPB agenda 030613
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Date
3/6/2013
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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OCPB minutes 030613
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Article 2: Procedures <br /> Section 2.4: Zoning Compliance Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-8 <br /> <br />Overlay District designation of the subject property.2 This site plan may <br />contain all required elements associated with obtaining a Zoning <br />Compliance, Erosion Control, and Stormwater permit as detailed herein,3 <br /> <br />(2) Interior renovation or repair of an existing structure, provided the use of the lot <br />and/or structure has not changed. <br />(C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for <br />the construction, moving, alteration, or repair, except ordinary repairs, of any building or <br />other structure, including an accessory structure. The Zoning Compliance Permit shall <br />include a determination that plans, specifications and the intended use of the structure <br />conforms to the provisions of this Ordinance. <br />(D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of <br />occupancy of any building, or to expand any use on any lot on which there is a non- <br />conforming use. The Zoning Compliance Permit shall include a determination that the <br />proposed use conforms to the provisions of this Ordinance. <br />2.4.2 Requirements and Conditions <br />(A) In cases where the development and/or commencement of a land use requires the <br />issuance of a Special Use or a Conditional Use Permit, a Zoning Compliance Permit shall <br />not be issued until the aforementioned permit has been issued by the responsible board <br />in accordance with the review and approval procedures detailed herein. <br />(B) Issuance of a Special Use or Conditional Use Permit does not negate the requirement for <br />a Zoning Compliance Permit. <br />(C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and <br />complete construction or change the use/occupancy of a lot or building should <br />regulations change subsequent to issuance of said permit. <br />(D) Application for Zoning Compliance Permit shall specify the method of disposal of trees, <br />limbs, stumps and construction debris associated with the permitted activity. Open <br />burning of trees, limbs, stumps, and/or construction debris associated with the permitted <br />activity is expressly prohibited. <br />(E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been <br />issued shall be used or occupied until the Building Inspector has, after final inspection, <br />issued a Certificate of Occupancy indicating compliance with all the provisions of this <br />Ordinance. <br />(F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been <br />issued shall be used or occupied until the Orange County Health Department has <br />approved the water supply and sewage disposal systems serving that use. <br /> <br />2 There is an existing disconnect between permit submittal requirements for a Zoning Compliance Permit and a <br />Stormwater management plan. Staff of Current Planning and Erosion Control could, essentially, be looking at 2 <br />different proposals as there is not an appropriate reference to the stormwater permitting requirement in this section <br />of the UDO. There is also a disconnect with respect to the required level of site plan detail (i.e. professionally <br />prepared versus scaled plot plan) to obtain a land disturbing permit. Staff is proposing to add language requiring a <br />formal site plan, completed by a land surveyor or engineer, in all instances where proposed land disturbance <br />thresholds require the development of a formal stormwater plan. The hope here is we will avoid the duplication of <br />submittal information and ensure all County review agencies are utilizing and reviewing the same development <br />proposal to avoid unnecessary confusion and error. <br />3 The red bold text was added to address comments from the January 9, 2013 ORC meeting where members wanted <br />some language encouraging the submittal of a single site plan complying with all zoning and erosion <br />control/stormwater permit requirements. <br />63
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