ORD-2019-015 UDO amendment Permitted Uses Table

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Article 5 : Uses Section 5 . 3 : Application of Use Standards SECTION • OF DA ' D 5 . 3 . 1 In General In addition to the general standards applied to uses in each zoning district and in accordance with the Table of Permitted Uses , Sections 5 . 4 through 5 . 17 establish additional standards for specific Permitted Uses , Special Uses , Conditional Uses , and uses permitted in Conditional Zoning Districts . 5 . 3 . 2 Special Uses ( A) General Standards Before any application for a Special Use Permit shall be approved : ( 1 ) The applicant shall have the burden of establishing , by competent material and substantial evidence , in the form of testimony, exhibits , documents , models , plans and other materials , that the application meets the requirements for approval of a Special Use Further , the apoUGant shall have the burden of persuasion An thnco4CCI IAC and (2) The Board of County Commissioners or Board of Adjustment shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use , which is listed as a Special Use in the district in which it is proposed to be located , complies with all required regulations and standards including the following general conditions : ( a) The use will maintain or promote the public health , safety and general welfare , if located where proposed and developed and operated according to the plan as submitted ; ( b) The use will maintain or enhance the value of contiguous property ( unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) ; and ( c) The location and character of the use , if developed according to the plan submitted , will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan , or portion thereof , adopted by the Board of County Commissioners . ( B ) Specific Standards In addition to the general standards stated in Section 5 . 3 . 2 (A) , the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit : ( 1 ) Method and adequacy of provision of sewage disposal facilities , solid waste , and water . (2) Method and adequacy of police , fire and rescue squad protection . ( 3) Method and adequacy of vehicular access to the site and traffic conditions around the site . (4) Other use specific standards as set forth herein . lab The ond. Raid I I .., .tpOinAd « .. : 1, ,,+ ►, .. 9 wgh Yellow Wmighloght „ a text was eliminated by unanimousl vote of the BOCC at its April 16, 2019 regular meeting prior to the adoption of this amendment package . This is consistent with action taken eliminating similar language from Section ( s ) 2 . 10 and 2 . 11 dealing with the ' burden of persuasion ' . Orange County, North Carolina — Unified Development Ordinance Page 5 -37