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

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Article 2: Procedures 47 Section 2.7: Special Use Permits 2.7.152.7.14 Changes-Modifications to Approved Plans42 (A) After a Special Use Permit has been issued, no deviations from the terms of the approved permit shall be made until written approval of proposed changes or deviations has been obtained. (B) The Planning Director is e' therizedd +^shall approve minor GhaRg-a&modifications in the approved permit if requested by the applicant except where the Special Use Permit includes a condition explicitly prohibiting such a modification. Uses, as leng as they are in horrnE)R with aGtion of the o g Beard of a en t shall not have the n r to a e G.angesthat GORstitute-a fi�fier, of the approval. A medifGatiGR shall require appreval ef the Beard having i, 'sd'G+ie.,ef Add stici er,+ Minor modifications are as follows: (1) A change (increase or decrease) of no more than 5% in the amount of open space, recreation facilities, or landscape screening. (2) A change of 2-5100-feet or less in the location of open space, recreation facilities, or landscape screening. (3) A change (increase or decrease) of no more than of 5% in the number of parking spaces approved. (4) A change in pedestrian and/or vehicular access or circulation that moves such facilities less than 25-feet. (5) For telecommunication facilities, a minor modification shall also include the following: (a) An increase in the existing vertical height of the structure by less than: (i) 10% of the height of the tower, or 00 The height of 1 additional antenna with separation from the nearest existing antenna not to exceed 20 feet (b) The addition of an appurtenance to the body of the telecommunication facility that protrudes horizontally from the edge of the wireless support structure the lesser of: (i) 20 feet, or (ii) Less than the width of the wireless support structure at the level of the appurtenance. (c) Increasing the square footage of the existing equipment compound by less than 2,500 square feet (C) For minor modifications, the applicant shall file an amended site plan, or written statement, outlining in detail the minor modification(s) proposed. The Planning Director shall state the findings in writing to the applicant and file the amended site plan or written statement with the approved site plan. (D) A modification that is not listed as a minor modification in (B) above is considered a major modification and shall require approval of the Board of Adjustment. i. The fellewing rri+eri- shall�Tnnstifi i+e merl ifir�#ien: 42 The County Attorney's office has opined that NCGS 160D-403(d) requires that minor modifications be defined/listed rather than the County's existing language of defining major modifications. Staff has listed minor modification by"reversing"the existing list of major modifications. The proposed language also more closely aligns to language in 160D-403(d). Orange County, North Carolina—Unified Development Ordinance Page 2-27