Orange County Approved BOA Minutes 21 01 11

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Approved 8/9/2021 1 a. The use will maintain or promote the public health, safety and general welfare, if located where 2 proposed and developed and operated according to the plan as submitted; 3 b. The use will maintain or enhance the value of contiguous property(unless the use is a public necessity, 4 in which case the use need not maintain or enhance the value of contiguous property);and 5 c. The location and character of the use, if developed according to the plan submitted, will be in harmony 6 with the area in which it is to be located and the use is in compliance with the plan for the physical 7 development of the County as embodied in these regulations or in the Comprehensive Plan, or portion 8 thereof, adopted by the Board of County Commissioners. 9 There are several goals/policies detailed within the adopted 2030 Comprehensive Plan addressing the development of 10 Recreational Facilities in the County, including: 11 a. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth consistent with the 12 provision of adequate services and facilities and a high quality of life; 13 b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features, 14 and that protect natural resources, cultural resources, and community character; 15 c. Land Use Goal 5:Life, health, and property safe from hazards. 16 Local residents were notified of the required Neighborhood Information Meeting (NIM) and the public hearing consistent 17 with the requirements of the LIDO. 18 19 Review of special use permit applications are carried out in a quasi-judicial format. This means that decisions relating to 20 the approval or denial of an application are based solely on the sworn testimony of all parties involved with the case, 21 both those for and against an application, as well as the review of the competent, material, and substantial evidence 22 submitted into evidence during the evidentiary hearing. 23 24 The applicant has the burden of establishing, by the submission of competent, material, and substantial evidence, the 25 existence of facts and conditions that demonstrate the project complies with the various requirements and standards of 26 the UDO. Those opposing approval of the application shall have the burden of establishing, also through the 27 submission of competent, material, and substantial evidence, the specific manner in which the proposal does not satisfy 28 the requirements for approval of the application. 29 30 The Board of Adjustment shall render a decision only on the sworn testimony of all parties and on the competent, 31 material, and substantial evidence submitted during the hearing relating to the approval or denial of the application. 32 33 Per LIDO Section 2.26.4, every decision of the Board of Adjustment shall be subject to review at the request of any 34 aggrieved party by the Superior Court by proceedings in the nature of certiorari. Appeals have to be submitted with 35 the Superior Court within 30 days of the availability of notice of decision. Requirements regarding the notice of decision 36 are located in UDO Section 2.12.5. 37 38 Approval of this request by the Board does not exempt the applicant from securing all necessary permits authorizing the 39 commencement of land disturbing activities, which may include but are not limited to the following: 40 a. Erosion Control and Stormwater permits; 41 b. Environmental Health permits; 42 c. Building permits, including the review and approval of the County Fire Marshal; 43 d. A Solid Waste Management Permit; 44 e. A Zoning Compliance Permit;and/or 45 f. NCDOT Driveway Permits. 46 The approval of the special use permit establishes that the proposed land use is permitted to be developed consistent 47 with the proposal. If the applicant cannot secure required permits authorizing the physical development of the project, 48 as detailed herein, the special use permit may expire. 10