Orange County NC Website
43 <br /> Article 2: Procedures <br /> Section 2.7:Special Use Permits <br /> 2.7.1-32.7.12 Notification of Board Action <br /> (A) The Planning Director shall send a notice of the r, rBoard's action on the <br /> application within a reasonable time by personal delivery,eea#iedelectronic mail and/or <br /> first-class mail to the applicant,landowner,and to any person who has submitted a <br /> written request for a copy prior to the date the decision becomes effective. A Gepyethp shall hp falpd the PIaRRiRg Depa*Re.nt within five III'GiRess days of the <br /> 44 <br /> (B) The Planning Director, in the case of approval or approval with conditions,shall issue <br /> the necessary permit in accord with the Board's action. <br /> (C) The Planning Director, but not a designee,shall certify that the Special Use Permit with <br /> any imposed conditions is as approved by the <br /> Board of Adjustment,as appropriate with a report provided to the County Manager. <br /> (D) Once the Special Use Permit has been certified,the applicant shall record the permit <br /> with the Orange County Register of Deeds in a format prepared by the Planning <br /> Director. Failure to do so within 90 days from certification shall invalidate the Special <br /> Use Permit. <br /> 27142.7.13 Time Limits and Extensions <br /> (A) If a request is received before the Special Use permit expires,the Board of County <br /> CemmissienersAdiustment,for good cause shown,may extend the expiration deadline <br /> six months UPOR the fa„erahle. endatian of the Planning Beard <br /> (B) The application for an extension request shall be submitted a minimum of siX-three <br /> months prior to the expiration of the Special Use Permit. <br /> (C) No changes shall be made to the terms and/or conditions of approval. <br /> (D) Only one approval of a time extension is permitted,and it shall be based on evidence <br /> presented by the applicant showing that permits have been pursued in a timely <br /> manner,and that delays have resulted from factors beyond the control of the applicant. <br /> (E) Fer deyelormerts Whinh. appFeval of a Crenial Use Permit theThe applicant <br /> may request that the Special Use Permit be vested as a Site Specific Vesting Plan in <br /> accordance with the requirements of Section 2.5.5.f^r^^^ri^+of^^+less than+,.,n nnr <br /> more than five years. For vesting purposes, <br /> Site Plans and Preliminary Plats m alsn <br /> be appreved was aSpeniall Use Demmi request requec+ef thetlpp GaRt.Rep.R^n+�nr�r <br /> for irfermatier r aFdaRg site nlars <br /> (€.(J The required legislative hearing by the Board of County Commissioners to <br /> establish vested rights shall be held after approval of the Special Use Permit by <br /> the Board of Adjustment. <br /> 27152.7.14 Changes Modifications to Approved Plans45 <br /> (A) After a Special Use Permit has been issued,no deviations from the terms of the <br /> approved permit shall be made until written approval of proposed changes or <br /> deviations has been obtained. <br /> 44 The existing language in this section has been a source of confusion in the past. The proposed language <br /> conforms to NCGS 160D-406(i). <br /> 45 The County Attorney's office has opined that NCGS 160D-403(d)requires that minor modifications be <br /> defined/listed rather than the County's existing language of defining major modifications. Staff has listed minor <br /> modification by"reversing"the existing list of major modifications. The proposed language also more closely <br /> aligns to language in 160D-403(d). <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-26 <br />