Orange County NC Website
Browse       Search
42 <br /> Article 2: Procedures <br /> Section 2.7:Special Use Permits <br /> Mi3 The Board of Adjustment shall review the application during a regularly scheduled <br /> p4lAfEEvidentiary#Hearing. <br /> (2)f6) The Board of Adjustment shall conduct the Evidentiary#Hearing in accordance within <br /> the provisions detailed in this Section as well as those contained within Section 2.12. <br /> {34fC) After closing the p4b4EEvidentiary#Hearing,the Board of Adjustment shall take action <br /> upon the application. This action shall include making appropriate findings of fact <br /> pursuant to Section 2.7.44-10,stating whether the board concludes each of the <br /> applicable standards have been met and one of the following: <br /> �a4(1) Approval; <br /> (W(2) Approval but with specified conditions as provided in Section 2.7.4-211;or <br /> f0f3) Denial. <br /> 2.7.102.7.9 Standards of Evaluation <br /> The following specific standards shall be used in deciding on an application: <br /> (A) The project meets all applicable design standards and other requirements of this <br /> Ordinance. <br /> (B) The development can reasonably be completed within the vesting period requested,if <br /> any. <br /> (C) Where vesting in excess of two years is requested,the project is located in an area <br /> where current issues under study do not involve potential amendments to the <br /> Comprehensive Plan and/or this Ordinance. <br /> 27112.7.10 Required Findings <br /> (A) A resolution or motion to approve the application must include the findings of fact and <br /> conclusions of law that support the decision. Any proposed conditions of approval <br /> must also be included in the resolution or motion to approve the application. <br /> (B) A resolution or motion to deny the application must state findings of fact and <br /> conclusions of law that support the decision. <br /> (C) If a resolution or motion to approve the application fails,the application is deemed <br /> denied. Those members voting against the resolution or motion must state which of <br /> the conclusions of law they could not reach as well as findings of fact on which their <br /> inability to reach the conclusions is based. <br /> 271-22.7.11 Conditions of Approval <br /> (A) The BeaFd of County commissioneFs er the Board of Adjustment, -appropriate,may <br /> impose such reasonable conditions upon approval of a Special Use as will afford <br /> protection of the public health,safety and general welfare,ensure that substantial <br /> justice is done,and equitable treatment provided. <br /> (B) 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 /> (C) The Special Use Permit shall include a statement that if any condition of a Special Use <br /> Permit shall be held invalid or void,then the permit itself shall be void and of no effect. <br /> (D) It shall be stated in the Special Use Permit that the Permit shall automatically expire <br /> within 12 months ef-from the date of approval if the use has not commenced or <br /> construction has not commenced or proceeded,unless a timely application for <br /> extension of this time limit is approved by the Board of County <br /> Cn^•^n ,;'Ant-•,Adiustment as provided in Section 2.7.13. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-25 <br />