Orange County NC Website
application based on findings of fact as to the determinations required in Section 4 . 2 , and the <br /> applicable subsection for the specific SU . All findings shall be based on competent evidence <br /> presented at the public hearings . <br /> 4 . 41 . 9 Imposed Conditions <br /> The Board of Commissioners may impose such reasonable conditions upon approval of a <br /> SUP as will afford protection of the public health, safety , and general welfare , ensure that <br /> substantial justice is done, and equitable treatment provided . <br /> Any conditions based on time must be consistent with the provisions in Section 23 on vested <br /> rights . <br /> Such conditions shall run with the land and use and shall be binding on the original <br /> applicant(s) as well as all successors , assigns , and heirs . <br /> If the Board of Commissioners denies the permit, the reasons for its action shall be recorded <br /> in the minutes of the meeting . <br /> 4 . 41 . 10 Notice of Decision and Issuance of Conditional Use Permit <br /> The staff shall cause notice of the disposition of the application to be delivered by certified <br /> mail to the applicant and any aggrieved party who has filed a written request for a copy with <br /> the Board at the time of the hearing, and shall cause a copy of the decision to be filed in the <br /> Planning Department . <br /> In the case of approval or approval with conditions , the staff shall issue the necessary SUP in <br /> accordance with the action of the Board of Commissioners and the applicant shall record it <br /> in the office of the Orange County Register of Deeds within ten ( 10) days of receipt . <br /> 4041011 Establishment of Vested Right <br /> A vested right pursuant to Section 23 , is established by the issuance of a special use permit <br /> pursuant to this section . <br /> 4 . 42 Effect of Denial or Withdrawal on Subsequent Applications <br /> When the Board of Commissioners shall have denied an application or the application shall <br /> have been withdrawn, by written notice, after publication of the first public hearing notice <br /> required in Subsection 4 . 4 . 6 , the Planning staff shall not accept another application for the <br /> same or similar SU, affecting the same property or a portion thereof, until the expiration of <br /> one year from the date of denial or withdrawal . <br /> 4 . 43 Appeal of Decision <br /> An aggrieved party may appeal a decision by the Board of Commissioners on an application <br /> for a SUP only to the Superior Court . Such appeal shall be in the nature of certiorari and <br /> must be filed within thirty (30) days of filing of the decision in the Planning Office or the <br /> delivery of the notice required in Subsection 4 . 4 . 10 , whichever is later . <br /> 4 . 44 Minor Changes and Modifications to Approved Special Use Permits <br /> After issuance of a SUP , and in accord with subsection 4 . 7 . 1 , the Planning staff is authorized <br /> to approve minor changes in the approved plans of Special Uses , as long as they are in <br /> harmony with action of the Board of Commissioners , but shall not have the power to <br /> g:\cralg\edd\entrancesud\ l2w4-00\dg <br />