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Agenda 04-16-2019 5-a - Attachment 7a, 7b, 7c
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Agenda 04-16-2019 5-a - Attachment 7a, 7b, 7c
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4/12/2019 2:07:16 PM
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BOCC
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4/16/2019
Meeting Type
Regular Meeting
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Agenda
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5-a
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Agenda - 04-16-2019 Regular Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 04-16-19 Regular Meeting
Agenda 04-16-2019 5-a - Unified Development Ordinance (UDO) Table of Permitted Uses
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 04-16-19 Regular Meeting
Minutes 04-16-2019 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
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Article 5: Uses 134 <br /> Section 5.3:Application of Use Standards <br /> SECTION • OF DA' D <br /> 5.3.1 In General <br /> In addition to the general standards applied to uses in each zoning district and in accordance with <br /> the Table of Permitted Uses, Sections 5.4 through 5.17 establish additional standards for specific <br /> Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning <br /> 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 material and <br /> substantial evidence, in the form of testimony, exhibits, documents, models, <br /> plans and other materials, that the application meets the requirements for <br /> approval of a Special Use Further, the applicant shall have the burden of <br /> persuasion on those issues ; and <br /> (2) The Board of County Commissioners or Board of Adjustment shall make written <br /> findings certifying compliance with the specific rules governing such individual <br /> Special Use and that the use, which is listed as a Special Use in the district in <br /> which it is proposed to be located, complies with all required regulations and <br /> standards including the following general conditions: <br /> (a) The use will maintain or promote the public health, safety and general <br /> welfare, if located where proposed and developed and operated <br /> according to the plan as submitted; <br /> (b) The use will maintain or enhance the value of contiguous property (unless <br /> the use is a public necessity, in which case the use need not maintain or <br /> enhance the value of contiguous property); and <br /> (c) The location and character of the use, if developed according to the plan <br /> submitted, will be in harmony with the area in which it is to be located and <br /> the use is in compliance with the plan for the physical development of the <br /> County as embodied in these regulations or in the Comprehensive Plan, <br /> or portion thereof, adopted by the Board of County Commissioners. <br /> (B) Specific Standards <br /> In addition to the general standards stated in Section 5.3.2(A), the following specific <br /> standards shall be addressed by the applicant before the issuance of a Special Use <br /> Permit: <br /> (1) Method and adequacy of provision of sewage disposal facilities, solid waste, and <br /> water. <br /> (2) Method and adequacy of police, fire and rescue squad protection. <br /> (3) Method and adequacy of vehicular access to the site and traffic conditions <br /> around the site. <br /> (4) Other use specific standards as set forth herein. <br /> 146 The amendment,denoted utilizing Red Bold Underlined Yellow Highlighted text, is designed to ensure legal <br /> sufficiency of the Ordinance. At its March 20, 2019 special meeting,the Planning Board voted 7 to 1 to <br /> recommend approval of the UDO amendment package with this highlighted language eliminated. Staff, as well as <br /> the County Attorney, recommends the language remain and the BOCC approve the packet as presented. <br /> Orange County, North Carolina—Unified Development Ordinance Page 5-37 <br />
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