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

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Article 2: Procedures 46 Section 2.7: Special Use Permits (D) It shall be stated in the Special Use Permit that the Permit shall automatically expire within 12 months of-from the date of approval if the use has not commenced or construction has not commenced or proceeded, unless a timely application for extension of this time limit is approved by the Board of Seupty Commission Adiustment as provided in Section 2.7.13. 2.7.132.7.12 Notification of Board Action (A) The Planning Director shall send a notice of the Y, t Board's action on the application within a reasonable time by personal delivery, Gertifiedelectronic mail and/or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. ^ GGPY of the decision shall he filet in the Planning department within five business days of the relevant Board's ao+iop 41 (B) The Planning Director, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Board's action. (C) The Planning Director, but not a designee, shall certify that the Special Use Permit with any imposed conditions is as approved by the Rnard of GG-11nt" (`nmmicsinnerc or--Board of Adjustment, ap^rnpria+e, with a report provided to the County Manager. (D) Once the Special Use Permit has been certified, the applicant shall record the permit with the Orange County Register of Deeds in a format prepared by the Planning Director. Failure to do so within 90 days from certification shall invalidate the Special Use Permit. 27142.7.13 Time Limits and Extensions (A) If a request is received before the Special Use permit expires, the Board of Seenty G nm m i s s i n nercAdiustment, for good cause shown, may extend the expiration deadline six months Hpen the fa„erahle r n,ta+inn of the Planning Qgar.t (B) The application for an extension request shall be submitted a minimum of three months prior to the expiration of the Special Use Permit. (C) No changes shall be made to the terms and/or conditions of approval. (D) Only one approval of a time extension is permitted, and it shall be based on evidence presented by the applicant showing that permits have been pursued in a timely manner, and that delays have resulted from factors beyond the control of the applicant. (E) Fer deyelepmen+s whioh require approval of a Speoial Use Permit +heThe applicant may request that the Special Use Permit be vested as a Site Specific Vesting Plan in accordance with the requirements of Section 2.5.5. for a period of pot Iess than two. ROr ore than five years. For VostiRg purposes, Site an -rPr8li }iRar-y Plats may also be approvedas a SpeGial Use Permit at the rest of the a nli^an+ �'ee Sseg+inn 22.5 fnr Wormatinn regarding site plans (€411) The required legislative hearing by the Board of County Commissioners to establish vested rights shall be held after approval of the Special Use Permit by the Board of Adjustment. 41 The existing language in this section has been a source of confusion in the past. The proposed language conforms to NCGS 160D-406(I). Orange County, North Carolina—Unified Development Ordinance Page 2-26