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Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-26 (B) A resolution or motion to deny the application must state findings of fact and conclusions of law that support the decision. (C)(B) If a resolution or motion to approve the application fails, the application is deemed denied. Those members voting against the resolution or motion must state which of the conclusions of law they could not reach as well as findings of fact on which their inability to reach the conclusions is based. 2.7.12 Conditions of Approval (A) The Board of County Commissioners or the Board of Adjustment, as appropriate, may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety and general welfare, ensure that substantial justice is done, and equitable treatment provided. (B) Conditions shall run with the land and use, and shall be binding on the original applicant(s) as well as all successors, assigns and heirs. (C) The Special Use Permit shall include a statement that if any condition of a Special Use Permit shall be held invalid or void, then the permit itself shall be void and of no effect. (D) It shall be stated in the Special Use Permit that the Permit shall automatically expire within 12 months of the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of County Commissioners as provided in Section 2.7.13. 2.7.13 Notification of Board Action (A) All final decisions of the Board shall be reduced in writing and signed by the Chair or presiding officer. (A)(B) The Planning Director or Secretary shall send a notice of the relevant Board’s action on the application by certified mail to the applicanta copy of the decision to the parties, including the applicant, the property owner if that person is not the applicant, and any other person who has requested a copy prior to the effective date of the decision. Delivery of the decision may be by email, first-class mail or personal delivery. A copy of the decision shall be filed in the Planning Department within five business days of the relevant Board’s actionafter signature by the Chair or presiding officer. (B)(C) The Planning Director, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Board's action. (C)(D) The Planning Director or Secretary, as appropriate, but not a designee, shall certify that the Special Use Permit with any imposed conditions is as approved by the Board of County Commissioners or Board of Adjustment, as appropriate, with a report provided to the County Manager. (D)(E) Once the Special Use Permit has been certified, the applicant shall record the permit with the Orange County Register of Deeds in a format prepared by the Planning Director. Failure to do so within 90 days from certification shall invalidate the Special Use Permit. 2.7.14 Time Limits and Extensions (A) If a request is received before the Special Use permit expires, the Board of County Commissioners, for good cause shown, may extend the expiration deadline six months upon the favorable recommendation of the Planning Board. Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: (none) Comment [JCB27]: The Secretary is appropriate for the BOA. Comment [JCB28]: Is this the current practice? It strikes me as not being consistent with current practices. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB29]: Assuming this to be for changes or modifications and applicable to the BOA as well. Comment [JCB30]: Should not defer or delegate decisions 21