Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 45 Section 2.7: Special Use Permits (b) Approval am,-_bu_oortrt with specified conditions as provided On Section 2.7 12; o• nr (c) Den+a !Rl FmAr rl;;oo Q eno..ial Use Permits, the following shall apply: The following shall apply to all Special Use Permit applications: ( L-} The Board of Adjustment shall review the application during a regularly scheduled pubfiEEvidentiary#Hearing. MLQL_The Board of Adjustment shall conduct the Evidentiary#Hearing in accordance within the provisions detailed in this Section as well as those contained within Section 2.12. M(C) After closing the publiG Evidentiary#Hearing, the Board of Adjustment shall take action upon the application. This action shall include making appropriate findings of fact pursuant to Section 2.7.1410, stating whether the board concludes each of the applicable standards have been met and one of the following: (a)(1) Approval; M(2) Approval but with specified conditions as provided in Section 2.7.4-211; or �G4LI Denial. 2 7 142.7.9 Standards of Evaluation The following specific standards shall be used in deciding on an application: (A) The project meets all applicable design standards and other requirements of this Ordinance. (B) The development can reasonably be completed within the vesting period requested, if any. (C) Where vesting in excess of two years is requested, the project is located in an area where current issues under study do not involve potential amendments to the Comprehensive Plan and/or this Ordinance. 27112.7.10 Required Findings (A) A resolution or motion to approve the application must include the findings of fact and conclusions of law that support the decision. Any proposed conditions of approval must also be included in the resolution or motion to approve the application. (B) A resolution or motion to deny the application must state findings of fact and conclusions of law that support the decision. (C) If a resolution or motion to approve the application fails, the application is deemed denied. Those members voting against the resolution or motion must state which of the conclusions of law they could not reach as well as findings of fact on which their inability to reach the conclusions is based. 27122.7.11 Conditions of Approval (A) The Board of Adjustment, may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety and general welfare, ensure that substantial justice is done, and equitable treatment provided. (B) Conditions shall run with the land and use, and shall be binding on the original applicant(s)as well as all successors, assigns and heirs. (C) The Special Use Permit shall include a statement that if any condition of a Special Use Permit shall be held invalid or void, then the permit itself shall be void and of no effect. Orange County, North Carolina—Unified Development Ordinance Page 2-25