Orange County NC Website
Article 5: Uses <br /> Section 5.3: Application of Use Standards <br /> <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 5-34 <br /> <br /> <br />SECTION 5.3: APPLICATION OF USE STANDARDS <br />5.3.1 In General <br />In addition to the general standards applied to uses in each zoning district and in <br />accordance with the Table of Permitted Uses, Sections 5.4 through 5.17 establish <br />additional standards for specific Permitted Uses, Special Uses, Conditional Uses, and <br />uses permitted in Conditional Zoning Districts. <br />5.3.2 Special Uses <br />(A) General Standards <br />Before any application for a Special Use Permit shall be approved: <br />(1) The applicant shall have the burden of establishing, by competent <br />material and substantial evidence, in the form of testimony, exhibits, <br />documents, models, plans and other materials, that the application <br />meets the requirements for approval of a Special Use; and <br />(2) The Board of County Commissioners or Board of Adjustment shall make <br />written findings certifying compliance with the specific rules governing <br />such individual Special Use and that the use, which is listed as a Special <br />Use in the district in which it is proposed to be located, complies with all <br />required regulations and standards including the following general <br />conditions: <br />(a) The use will maintain or promote the public health, safety and <br />general welfare, if located where proposed and developed and <br />operated according to the plan as submitted; <br />(b) The use will maintain or enhance the value of contiguous <br />property (unless the use is a public necessity, in which case the <br />use need not maintain or enhance the value of contiguous <br />property); and <br />(c) The location and character of the use, if developed according to <br />the plan submitted, will be in harmony with the area in which it is <br />to be located and the use is in compliance with the plan for the <br />physical development of the County as embodied in these <br />regulations or in the Comprehensive Plan, or portion thereof, <br />adopted by the Board of County Commissioners. <br />(B) Specific Service Standards <br />In addition to the general standards stated in Section 5.3.2(A), the following <br />specific service standards shall be addressed by the applicant before the <br />issuance of a Special Use Permit: <br />(1) mMethod and adequacy of provision of sewage disposal facilities, solid <br />waste, and water, . <br />(2) Mmethod and adequacy of police, fire and rescue squad protection, and. <br />(3) mMethod and adequacy of vehicular access to the site and traffic <br />conditions around the site. <br />(4) Other use specific standards as set forth herein. <br />(C) Use Standards <br /> In addition to the general standards stated in Section 5.3.2(A) and the service <br />standards stated in Section 5.3.2(B), the following shall be addressed by the applicant <br />before the issuance of a Special Use Permit: <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 2" <br />Formatted: Indent: Left: 1" <br />Comment [JCB48]: The different type of <br />standards are very confusing for everyone. There <br />should be clear naming conventions and overlap <br />should be eliminated. <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Font: (Default) Arial, 10 pt <br />Formatted: Normal, Indent: Left: 1" <br /> 30