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 5-37 <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 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 issues147; 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 <br />(unless the use is a public necessity, in which case the use need not <br />maintain or 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 <br />and the use is in compliance with the plan for the physical development <br />of the County as embodied in these regulations or in the Comprehensive <br />Plan, or portion thereof, adopted by the Board of County Commissioners. <br /> <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 />(C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD <br /> <br />147 The amendment, denoted utilizing Red Bold Underlined Highlighted text is designed to ensure legal sufficiency  <br />of the Ordinance.  <br />62