Orange County NC Website
Browse       Search
application based on findings of fact as to the determinations required in Section 4.2, and the <br />applicable subsection for the specific SU. All findings shall be based on competent evidence <br />presented at the public heazings. <br />4.41.9 Imposed Conditions <br />The Boazd of Commissioners may impose such reasonable conditions upon approval of a <br />SUP as will afford protection of the public health, safety, and general welfare, ensure that <br />substantial justice is done, and equitable treatment provided. <br />Any conditions based on time must be consistent with the provisions in Section 23 on vested <br />rights. <br />Such conditions shall run with the land and use and shall be binding on the original <br />applicant(s) as well as all successors, assigns, and heirs. <br />If the Board of Commissioners denies the permit, the reasons for its action shall be recorded <br />in the minutes of the meeting. <br />4.41.10 Native of Decision and Issuance of Conditional Use Permit <br />The staff shall cause notice of the disposition of the application to be delivered by certified <br />mail to the applicant and any aggrieved party who has filed a written request for a copy with <br />the Board at the time of the hearing, and shall cause a copy of the decision to be filed in the <br />Planning Department. <br />In the case of approval or approval with conditions, the staff shall issue the necessary SUP in <br />accordance with the action of the Boazd of Commissioners and the applicant shall record it <br />in the office of the Orange County Register of Deeds within ten (10) days of receipt. <br />4.41.11 ~ Establishment of Vested Right <br />A vested right pursuant to Section 23 is established by the issuance of a special use permit <br />pursuant to this section. <br />4.42 Effect of Denial or Withdrawal on Subsequent Applications <br />When the Board of Commissioners shall have denied an application or the application shall <br />have been withdrawn, by written notice, after publication of the first public hearing notice <br />required in Subsection 4.4.6, the Planning staff shall not accept another application for the <br />same or similaz SU, affecting the same property or a portion thereof, until the expiration of <br />one year from the date of denial or withdrawal. <br />4.43 Appeal of Decision <br />An aggrieved party may appeal a decision by the Boazd of Commissioners on an application <br />far a SUP only to the Superior Court. Such appeal shall be in the nature of certiorari and <br />must be filed within thirty (30} days of filing of the decision in the Planning Office or the <br />delivery of the notice required in Subsection 4.4.10, whichever is later. <br />4,.44 Minor Changes and Modifications to Approved Special Use Permits <br />After issuance of a SUP, and in accord with subsection 4.7.1, the Planning staff is authorized <br />to approve minor changes in the approved plans of Special Uses, as long as they are in <br />harmony with action of the Board of Commissioners, but shall not have the power to <br />